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THE 


REVISED CODE 

OE 

CHICAGO 

\ \ ■ 


[Published by Authority of the City Council.] 


volume i. 

INCLUDING general ordinances of the city and material 

PROVISIONS OF THE CONSTITUTION AND STATUTES 
OF THE STATE OF ILLINOIS RELATING TO 
MUNICIPAL GOVERNMENTS. 



WILLIAM G. BEALE, 

Corporation Counsel. 


) > 
) ) 


ASSISTED BY 

DANIEL F. FLANNERY a&d BYRON BOYDEN. 

* * 


W. B. CONKEY COMPANY 
CHICAGO 
1897 











STATE OF ILLINOIS ,) 

County of Cook, >• SS. 

CITY OF CHICAGO. ) 

I, WILLIAM LOEFFLER, City Glerk of the Gity of Chicago, do hereby 
certify that the ordinance entitled “An ordinance revising and consolidating the 
General Ordinances of the Gity of Chicago,” passed by the Gity Council of the 
Gity of Chicago on the 8th day of April, A. D. 1897, was published in the 
Chicago Dispatch, a newspaper printed and published in the said Gity, on the 
29th day of April, A. D. 1897, in accordance with the Gity Charter. 

Witness my hand and the corporate seal of said city, 

this 29th day of April, A. D. 1897. , 

» 

5 SEAL OF THE ) WILLIAM LOEFFLER, 

( CITY 0F CHICAGO. $ City Clerkt 


/ 


/ /7 


w 



CITY OF CHICAGO. 

In the City Council, May 25, 1896. 

The following preambles and order were introduced by Aider- 
man Noble B. Judah and duly passed: 

Whereas , Ordinances and amendments of ordinances, passed since January 
1, 1897, have never been published in book form under authority of the City 
Council in such manner as to be admissible in evidence in court, and 

Whereas , The supply of published ordinances in book form not so admissi¬ 
ble in evidence is now nearly exhausted, and 

Whereas, The absence of any authorized publication in book or pamphlet 
form of ordinances requiring publication which have become complete through 
the approval or non-action of the Mayor is a constant source of embarrass¬ 
ment to the City, particularly to the Law Department, the Police Department, 
and the office of the City Clerk, therefore, it is 

Ordered , That the Corporation Counsel be and he is hereby directed to 
cause to be properly compiled, edited and published under his supervision as 
soon as practicable and in such manner that the publication may be admissible 
in evidence in court, all ordinances of the City of Chicago which shall appear 
to be in force at the time of such publication, including all ordinances appear¬ 
ing to have any present force in territory heretofore annexed to the City of 
Chicago, but passed by the respective municipal authorities having jurisdiction 
over any such territory prior to such annexation, and that the Comptroller be 
and he is hereby directed to pay the expenses of the work and of publication 
out of any moneys available for the purpose not otherwise appropriated. 




ft 


111 




AN ORDINANCE 


CONCERNING THE PRINTING AND PUBLISHING OF THE REVISED ORDINANCES 

OF THE CITY OF CHICAGO. 

Be it Ordained by the City Council of the City of Chicago: 

Section 1. That the ordinances governing the City of Chicago as edited, 
revised and as codified in chapters, articles and sections by William G. Beale, 
Corporation Counsel, be and the same are hereby ordered printed and published, 
by authority of the City Council of the City of Chicago, in bound volumes. The 
first volume shall be entitled “The Revised Code of Chicago,” and shall 
include the general ordinances of the city, material provisions of the constitution 
and statutes of the State of Illinois relating to municipal governments, and also 
extracts from the former charter of the city. 

The second volume shall be entitled “Special Ordinances of Chicago,” 
and shall include all special ordinances passed by the City Council, and all special 
ordinances passed by the various cities, villages and towns heretofore annexed 
and now a part of the City of Chicago. 

Section 2. This ordinance shall be in force and effect from and after its 
passage. 

STATE OF ILLINOIS,) 

County of Cook, [ ss. 

City of Chicago. ) I, James R. B. Van Cleave, City Clerk of the City 
of Chicago, do hereby certify that the above and foregoing is a true copy of an 
ordinance entitled “An ordinance concerning the printing and publishing of the 
revised ordinances of the City of Chicago,” passed by the City Council of said city 
on the 8th day of April, A. D. 1897, and approved by the Mayor on the 9th day of 
April, A. D. 1897. 

I further certify that the original ordinance, of which the foregoing is a cer¬ 
tified copy, is by law intrusted to my custody for safe keeping, and is on file in 
my office. 

Witness my hand and the corporate seal of said city this tenth day of April, 
A. D. 1897. 

( seal of the ) JAS. R. B. VAN CLEAVE, 

( city OF CHICAGO. } City Clerk. 

Published and issued in book form on the 7th day of May, A. D. 1897. 


v 



/ 




r 


MAYORS 


OF THE 

City of Chicago 

FROM THE 


Date of its Incorporation, March 4, 1837, to the Year 1897. 


William B. Ogden. 

Buckner S. Morris. 

Benjamin W. Raymond.. . 

Alexander Lloyd. 

Francis C. Sherman. 

Benjamin W. Raymond... 

Augustus Garrett. 

Alson S. Sherman. 

Augustus Garrett. 

John P. Chapin. 

James Curtiss. 

James H. Woodworth_ 

James H. Woodworth.... 

James Curtiss.. ..'. 

Walter S. Gurnee. 

Walter S. Gurnee. 

Charles M. Gray. 

Isaac L. Milliken. 

Levi D. Boone. 

Thomas Dyer. 

John Wentworth. 

John C. Haines . 

John C. Haines. 

John Wentworth. 

Julian S. Rumsey. 

Francis C. Sherman. 

Francis C. Sherman. 

Francis C. Sherman. 

John B. Rice. 

John B. Rice. 

4 John B. Rice. 

John B. Rice. 

R. B. Mason. 

Joseph Medill.. 

Harvey D. Colvin. 

Monroe Heath. 

Monroe Heath. 

Carter H. Harrison. 

Carter H. Harrison. 

Carter H. Harrison. 

Carter H. Harrison. 

John A. Roche. 

DeWitt C. Cregier. 

Hempstead Washburne.. 

Carter H. Harrison. 

George B. Swift, pro tem 

John P. Hopkins. 

George B. Swift. 


Elected 

May 

2d, 

1837 

it 

March 6th, 

1838 

a 

if 

5th, 

1839 

ii 

tt 

3d, 

1840 

if 

it 

5th, 

1841 

if 

ii 

7th, 

1842 

a 

a 

7th, 

1843 

a 

a 

7th, 

1844 

a 

a 

5th, 

1845 

a 

i i 

3d, 

1846 

a 

a 

2d, 

1847 

a 

a 

7th, 

1848 

a 

a 

6th, 

1849 

a 

a 

6th, 

1850 

a 

a 

4th, 

1851 

a 

tt 

2d, 

1852 

a 

a 

14th, 

1853 

a 

a 

13th, 

1854 

a 

a 

8th, 

1855 

a 

a 

10th, 

1856 

a 

a 

3d, 

1857 

a 

a 

2d, 

1858 

a 

a 

1st, 

1859 

a 

a 

6th, 

1860 

a 

April 16th, 

1861 

a 

it 

15th, 

1862 

a 

ii 

21st, 

1863 

a 

it 

20th, 

1864 

a 

it 

18th, 

1865 

a 

ii 

17th, 

1866 

a 

it 

16th, 

1867 

a 

ii 

17th, 

1868 

a 

Nov. 

2d, 

1869 

a 

ii 

7th, 

1871 

a 

a 

4th, 

1873 

a 

July 12th, 

1876 

a 

April 

3d, 

1877 

a 

ii 

1st, 

1879 

a 

ii 

5th, 

1881 

a 

ii 

3d, 

1883 

a 

ii 

7th, 

1885 

a 

ii 

5th, 

1887 

a 

a 

2d, 

1889 

n 

a 

7th, 

1891 

a 

a 

4th, 

1893 

n 

Nov. 

4th, 

1893 

tt 

Dec. 

19th, 

1893 

a 

April 5th, 

1895 


vii 


♦ 



















































OFFICERS OF THE CITY GOVERNMENT 


OF THE 

City of Chicago. 


Hon. George B. Swift, 

Mayor and President ex-officio of the City Council. 

James R. B. Van Cleave, 

City Clerk. 


MEMBERS OF THE CITY COUNCIL. 


First Ward , 

Francis P. Gleason. 
John J. Coughlin. 

Second Ward, 

Martin Best. 

Charles F. Gunther. 

Third Ward, 

Noble B. Judah. 

Henry S. Fitch. 

Fourth Ward, 

Martin B. Madden. 
William S. Jackson. 

Fifth Ward, 

William J. Doerr. 
William E. Kent. 

Sixth Ward, 

Henry Stuckart. 
Charles Martin. 

Seve?ith Ward, 

Edward Haas. 

Nathan T. Brenner. 

Eighth Ward, 

John Bennett. 

Frank Meek. 

Nifith Ward, 

Joseph E. Bidwill. 
Vaclav Klenha. 

Tenth Ward, 

Anton Novak. 

August W. Miller. 

Eleventh Ward, 

Charles E. Hambleton. 
Frank F. Gazzolo. 

Twelfth Ward, 

James L. Campbell. 
Conrad Kahler. 


Thirteenth Ward, 

Charles F. Holman. 
William T. Maypole. 

Fourteenth Ward, 

George A. Mugler. 
Albert W. Beilfuss. 

Fifteenth Ward, 

Joseph F. Haas. 

John Anderson. 

Sixteenth Ward, 

George C. Lenke. 
Peter Kiolbassa. 

Seve7iteenth Ward, 

Stephen P. Revere. 
Magnus C. Knudson. 

Eighteenth Ward, 

John J. Brennan. 

John A. Rogers. 

Nineteenth Ward, 

Thomas Gallagher. 
John Powers. 

Twentieth Ward, 

John H. Hartwick. 
Charles W. Probst. 

Twenty-first Ward, 

Frederick A. Hoyer. 
Nathan M. Plotke. 

Twefity-second Ward, 

Adolphus W. Maltby. 
John Maynard Harlan. 

Twenty-third Ward, 

John Weisbrod. 

Thomas J. O’Malley. 

Twenty-fourth Ward, 

William R. Manierre. 
Charles M. Walker. 




OFFICERS OF THE CITY GOVERNMENT. 


MEMBERS OF THE CITY COUNCIL—Continued. 


Twenty-fifth Ward, 

George B. Milne. 
August F. Portman. 

Twenty-sixth Ward, 

William Finkler, 
William E. Schlake. 

Twenty-seventh Ward, 

George S. Foster. 
Hubert W. Butler. 

Twenty-eighth Ward, 

Thomas Sayle. 
Charles H. Rector. 

Twenty-nmth Ward, 

James J. McCarthy. 
Robert Mulcahy. 


Thirtieth Ward, 

John W. Utesch. 
Ethan A. Mowrer. 

Thirty-first Ward, 

Isaiah T. Greenacre. 
Clark T. Northrop. 

Thirty-second Ward, 

William Kent. 
William Mavor. 

Thirty-third Ward, 

George W. Shepherd. 
Cyrus H. Howell. 

Thirty-fourth Ward, 

John O’Neill. 

John B. Math. 


CITY OFFICERS. 

William G. Beale, Corporation Counsel. 

Oscar D. Wetherell, City Comptroller. 

Adam Wolf, City Treasurer. 

Joseph Downey, Commissioner of Public Works. 

William R. Kerr, Commissioner of Health. 

John J. Badenoch, Superintendent of Police. 
Dennis J. Swenie, Fire Marshal. 

Roy O. West, City Attorney. 

Philip Maas, City Collector. 


CIVIL SERVICE COMMISSION. 

John M. Clark, President. 

Robert A. Waller. Christoph Hotz. 

Edward J. Phelps, Secretary. 


x 




OFFICERS OF THE CITY GOVERNMENT. 


BOARD OF EDUCATION. 


Thomas Brenan. 

Daniel R. Cameron. 
Thomas Cusack. 

Edward G. Halle. 

John F. Wolff. 

John S. Miller. 

Joseph W. Errant. 

Oscar M. Torrison. 
Alfred S. Trude. 


William R. Harper. 

Otto C. Schneider. 

P. F. Pettibone. 

Mrs. Ella G. Hull. 

Mrs. Evelyn A. Frake. 
Joseph H. Strong. 

George E. Adams. 

Clayton Mark. 

H. H. Gross. 


Edward G. Halle, President. 

Thomas Cusack, Vice-President. 

W. A. S. Graham, Secretary. 

Albert G. Lane, Superintendent. 

Donald L. Morrill, Attorney. 


PUBLIC LIBRARY. 

Board of Directors. 

Azel F. Hatch. Thomas F. Kelley. 

Robert S. McCormick. Severt F. Gunderson. 

Emil G. Hirsch. James W. Hedenberg. 

Edward S. Dreyer. John M. Van Osdel. 

John B. Hamilton. 


Azel F. Hatch, President. 

William B. Wickersham, Secretary. 

Frederick H. Hild, Librarian. 


INSPECTORS OF HOUSE OF CORRECTION. 

George B. Swift, Mayor, Chairman. 

Adams A. Goodrich. William Gardner. Dr. A. Lagorio. 

Mark L. Crawford, Superintendent. 


xi 








HISTORICAL. 

First meeting of the Board of Trustees of the Town of Chicago was held at 
the residence of Mark Beaubien on the 12th day of August, A. D. 1833. 

CITY OF CHICAGO 
Incorporated March 4, 1837. 

April 23, 1875, the City of Chicago adopted “ An Act to provide for the incor¬ 
poration of cities and villages,” approved April 10, 1872. 

GROWTH OF CHICAGO—AREA. 

Original Town of Chicago 

Included territory bounded on the east by Lake Michigan, on the north by 
Chicago Avenue, on the west by Halsted Street and on the south by Twelfth 
Street. 

City of Chicago 

At the date of its incorporation included territory bounded on the east by Lake 
Michigan, on the north by North Avenue, on the west by Wood Street, and on 
the south by Twenty-second Street. 

FIRST EXTENSION. 

By act of Legislature, February 16, 1847—West to Western Avenue. 

SECOND EXTENSION. 

By act of Legislature, February 12, 1853—South to Thirty-first Street and North 

to Fullerton Avenue. 

THIRD EXTENSION. 

By act of Legislature, February 13, 1863—South to Thirty-ninth Street. 

FOURTH EXTENSION. 

By act of Legislature, February 27,1869—West to Crawford Avenue. 

FIFTH EXTENSION. 

County Court, May 16,1887—Section 36, T. 40 N., R. 13. 

SIXTH EXTENSION. 

County Court, April 29, 1889—Section 25, T. 40, and part of Cicero. 

April 29, 1889, the area of Chicago was 43.812 square miles. 

SEVENTH EXTENSION. 


By election, June 29, 1889—City of Lake View. 10.408 square miles 

By election, June 29, 1889—Town of Jefferson. 29.530 

By election, June 29, 1889—Town of Lake. 36.000 

By election, June 29, 1889—Village of Hyde Park. 49.132 

By election, June 29, 1889—Part of Cicero. 1.000 “ 

EIGHTH EXTENSION. 

By election, April 1, 1890—Village of Gano. 1.773 square miles 

NINTH EXTENSION. 

By ordinance, May 12, 1890—South Englewood. 2.899 square miles 


xiii 


I 









AUTHORIZED EDITIONS AND PUBLICATIONS. 


TENTH EXTENSION. 

By election, November 4, 1890—Village of Washington 


Heights. 2.810 square miles 

By election, November 4, 1890—Village of W. Roseland.... 1.793 

ELEVENTH EXTENSION. 

By election, April 7, 1891—Village of Fernwood. 0.981 square miles 

TWELFTH EXTENSION. 

By election, April 4, 1893—Village of West Ridge. 2.125 square miles 

By election, April 4, 1893—Village of Rogers Park. 1.750 

THIRTEENTH EXTENSION. 

By election, November 7, 1893—Village of Norwood Park... 2.125 square miles 

FOURTEENTH EXTENSION. 

By ordinance, February 25, 1895—Part of Town of Calumet. 1.000 square miles 


Total area of Chicago, April 8, 1897.187.138 square miles 

Extreme width of Chicago, fourteen and one-half miles; extreme length, 
twenty-six miles. 


AUTHORIZED EDITIONS AND PUBLICATIONS OF THE ORDI¬ 
NANCES OF THE CITY OF CHICAGO. 

MUNICIPAL LAWS, CHICAGO, 1856. 

Passed by the Common Council, September 15,1856. Compiled, revised and codi¬ 
fied by George W. and John A. Thompson. 

LAW AND ORDINANCES, CHICAGO, 1866. 

Passed by the Common Council, January 1, 1866. Compiled and arranged by 

Joseph E. Gary. 

LAWS AND ORDINANCES, CHICAGO, 1873. 

Passed by the Common Council, July 21, 1873. Compiled and arranged by 

Murray F. Tuley. 

THE MUNICIPAL CODE OF CHICAGO, 1881. 

Passed by the City Council, April 18, 1881. Codified and revised by Egbert 

Jamieson and Francis Adams. 

SUPPLEMENT TO THE MUNICIPAL CODE, 1881. 

Published August 13, 1883. Compiled and arranged by Clarence A. Knight. 

SUPPLEMENT TO THE MUNICIPAL CODE, 1881. 

Published January 10, 1887. Compiled and arranged by Clarence A. Knight. 

THE REVISED CODE OF CHICAGO, 1897. 

Passed by the City Council, April 8, 1897. Revised and codified by William G. 
Beale, Corporation Counsel, Daniel F. Flannery and Byron Boyden. 


xiv 









THE 

REVISED CODE 

OF 

CHICAGO 


VOL. I. 








THE REVISED CODE 


OF 

CHICAGO. 


An Ordinance for Revising and Consolidating the General Ordi¬ 
nances of the City of Chicago. 

Whereas, It is necessary that the general ordinances of the city of Chicago 
should be consolidated and arranged in appropriate chapters, articles and sec¬ 
tions; that omissions should be supplied and defects corrected, and that the 
whole should be rendered plain, concise and intelligible; therefore, 

Be it ordained by the city council of the city of Chicago, as follows: 

i 

CHAPTER I. . ■ , " 

THE MAYOR. 

1. Office—duties.] The mayor shall keep his office at such place 
in the city as may be provided by the city council. He shall sign all 
commissions and permits granted by the authority of the city council, 
except as otherwise provided, and such other acts as by law or 
ordinance may require his certificate. 

2. Licenses—issuance and revocation.] The mayor shall grant 
licenses for the purposes authorized by this ordinance to such resi¬ 
dents of the city of the age of twenty-one years, duly qualified 
according to the ordinances of the city council, as he may deem 
proper, unless the city council shall otherwise designate, and may 
revoke the same at pleasure. 

3. Supervision of officers.] The mayor shall supervise the con¬ 
duct of all the officers of the city; examine the grounds of all reason¬ 
able complaints made against any of them, and cause all their violations 
of duty and other neglects to be promptly punished or reported to the 
proper tribunal for correction. 

4. Officers—appointment of.] The mayor shall appoint, by and 
with the advice and consent of the city council, all officers whose ap¬ 
pointment is not by the laws of this state otherwise provided for; 
and whenever a vacancy shall happen in any office, which by law 
he is empowered to fill, he shall within thirty days after the happen¬ 
ing of such vacancy, communicate to said council the name of his: 
appointee to such office, and pending the concurrence of the city coun- 

1 



2 


GENERAL ORDINANCES. 


cil in such appointment, the mayor may appoint some suitable person 
to discharge the duties of such office. 

5. Reward proclamation.] The mayor may, whenever he shall 
deem it necessary, issue his proclamation for the apprehension of any 
person who may have committed a crime within the city of Chicago, 
and may, in such proclamation, offer a reward, not exceeding three 
hundred dollars, to be paid out of the city treasury, upon the cer¬ 
tificate of the mayor that the service required has been performed. 

6. Tax titles—conveyance of.] The mayor and city comp¬ 
troller are hereby authorized and empowered to sell and convey any 
and all lots and parcels of land to which a title is held by the city under 
sale and conveyance for the city taxes or assessments, upon such 
terms as may be agreed upon, with the consent of the finance com¬ 
mittee; but in no case shall such sale and conveyance be made for 
a less consideration, in case of tax titles arising from sales for gen¬ 
eral taxes, than the amount of the original purchase money and sub¬ 
sequent taxes paid by the city, with interest at the rate of ten per cent, 
per annum. 

7. Flags and decorations.] The mayor shall have power and 
authority to display flags or other decorations on, in or about the 
city hall or other public buildings belonging to the city. 

PRIVATE SECRETARY AND CLERKS. 

8. Secretary—duties.] The mayor may appoint a private secre¬ 
tary whose duty it shall be to preserve and keep in the mayor’s office 
all books and papers which are usually filed, or which are required by 
law to be filed therein; to deliver to the city council, and to the 
respective departments, all messages from the mayor in writing; to 
attend in the mayor’s office during the usual office hours, and to 
perform such other services as may be required by the mayor. 

9. Mayor s clerks.] There may be two clerks in the mayor’s 
office, who shall be severally denominated the first assistant clerk and 
the second assistant clerk, who shall be appointed by the mayor, and 
whose several duties it shall be to attend daily at the mayor’s office, 
and to perform such duties as may be required by the mayor. 


CHAPTER II. 


# 


CITY COUNCIL. 

10. Standing committees.] The city council shall nominate and 
appoint its standing committees. 

11. Committee reports.] Every committee of the city council, 
in reporting upon a subject referred to them, must attach to their 
report all resolutions, petitions, remonstrances and other papers in 
their possession relative to the matters referred. 

12. Aldermen—compensation.] The compensation to be paid 
aldermen for their services is hereby fixed at the sum of three dollars 
to each alderman, for each meeting of the city council actually attended 
by him; and no other compensation than for attendance upon such 
meetings shall be allowed to any alderman, for any services what¬ 
soever. 


3 


f 


CHAPTER III. 


t 


CITY CLERK. 

13. Duties—deputy city clerk.] The city clerk shall, in 
addition to the duties now imposed upon that officer by law, perform 
the following duties: 

1. He shall issue notices to the members of the city council,, 
when directed by that body; to the members of the different com¬ 
mittees of that body, and to all persons whose attendance will be 
required before any such committee, when directed by the chairman 
thereof,—and shall also issue notices of special meetings. 

2. He shall attest all the licenses granted by the mayor or 
the city council, under the ordinances of the city. 

3. He shall, without delay, deliver to the officers of the cor¬ 
poration, and to all committees of the city council, all resolutions and 
communications referred to those officers or committees by that 
body. 

4. He shall, without delay, deliver to the mayor all ordinances 
or resolutions under his charge, which may require to be approved 
or otherwise acted upon by the mayor, with all papers on which the 
same were founded. 

5. He shall, on the first day of each and every month, report 
to the city comptroller, in writing, the name of each alderman, and 
the number of meetings of the city council held during the preced¬ 
ing month which such aldermen actually attended. 

6. He may appoint a deputy, who, in the absence of the clerk, 
in case of sickness or otherwise, shall be empowered to perform all the 
duties of the city clerk. 

ORDINANCES. 

14. Engrossment of ordinances.] Every ordinance shall be en¬ 
grossed by the clerk before the vote is taken on its final passage, 
unless otherwise ordered by three-fourths of all the aldermen elected, 
except such ordinances as may be sent to the council by the depart¬ 
ment of public works. 

15. Record of ordinances.] All ordinances passed by the city 
council shall be recorded by the clerk in a proper book or books with 
indexes. The originals shall be filed in the clerk’s office, and due proof 
of the publication of all ordinances requiring publication by the cer¬ 
tificate of the printer or publisher shall be procured by the clerk and 
attached thereto, or written and attested upon the face of the record 
of such ordinances. It shall be the duty of the clerk to report 
to the council (the same to be made a part of the official record) all 

4 


CITY CLERK. 


acceptances of ordinances and bonds in connection therewith, which 
have been filed in his office since the preceding meeting. 

16. Free plates, badges, etc.] Wherever any ordinance in force 
in the city of Chicago requires licenses to be obtained for the purpose 
of carrying on any business or occupation, and the provisions of such 
ordinance require the licensee to obtain from the city clerk a metal 
plate or badge for the purpose of indicating that the license fee for 
the current year has been paid, it shall be the duty of the city clerk 
to deliver said plate or badge free of charge to the person paying 
the license fee, and said fee shall be considered as covering the cost of 
said plate or badge, or both. 


CHAPTER IV. 


FINANCE. 


ARTICLE I. 

CITY COMPTROLLER. 

17. Department of finance—created.] There is hereby es¬ 
tablished an executive department of the municipal government of the 
city of Chicago, which shall be known as the department of finance, 
and which said department shall have control of the fiscal concerns 
of said city in the manner as herein provided. 

18. How composed—comptroller head of.] Said department 
of finance shall embrace the' city comptroller, the city treasurer, 
and the city collector, and all such clerks and assistants as the city 
council may, by ordinance, see fit to prescribe and establish. The 
comptroller shall be the head of said department, and have the man¬ 
agement and control of all matters and things pertaining thereto. 

19. Fiscal year.] The fiscal year of the city of Chicago shall 
commence on the first day of January in each and every year. 

20. Municipal year.] The municipal year of the city of Chi¬ 
cago shall commence on the thirtieth day of April in each and 
every year. 

21. Comptroller — office created — term.] There is hereby 
created the office of city comptroller, who shall hold his office for 
the term of two years, and until his successor shall be appointed and 
qualified. 

22. Comptroller — appointment of.] He shall be appointed 

by the mayor, by and with the advice and consent of the city council, 
on the first Monday in May, 1897 , or as soon thereafter as may be, 
and biennially thereafter. 

23. Bond.] Said comptroller, before entering upon the duties of 
his office, shall execute a bond to the city of Chicago, in the sum of 
one hundred thousand dollars, with such sureties as the city council 
shall approve, conditioned for the faithful performance of the duties 
of his office. 

24. Clerks—appointment of.] The comptroller, with the con¬ 
sent of the mayor, shall appoint such assistants, clerks and subordinates 
in his office as the city council may authorize, and he shall be held 
responsible for the fidelity of the persons so appointed by him, and 
he may remove them. 

25. Bonds of clerks.] Said comptroller shall require good 
and sufficient bonds to be given by all assistants, clerks and em- 

6 



FINANCE. 


7 


ployes in his office who shall receive or have the care, custody or 
handling of any moneys or other valuable things belonging to the 
city of Chicago; which said bonds shall be approved by the mayor. 

26. Duties of subordinates.] All subordinate officers, assist¬ 
ants, clerks and employes who shall be employed in the office of said 
comptroller, shall be subject to such rules and regulations, and shall 
perform such duties as shall be prescribed or required of them by said 
comptroller, or the ordinances of the city. 

27. Comptroller’s power.] Said comptroller shall be charged 
with and shall exercise a general supervision over all the officers of 
the city charged in any manner with the receipt, collection or dis¬ 
bursement of the city revenues, and the collection and return of such 
revenues into the city treasury. He shall be the fiscal agent of said 
city, and, as such, shall have charge of all deeds, mortgages, contracts, 
judgments, notes, bonds, debts and choses in action belonging to 
said city, except such as are directed byi law or ordinance to be de¬ 
posited elsewhere; and shall possess and carefully preserve all as¬ 
sessment warrants, except warrants for the collection of water rates, 
or assessments, and the returns thereof made by any collector or re¬ 
ceiver of assessments, and all leases of markets, wharfing privileges, 
and other public property of said city. 

He shall have supervision over the city debts, contracts, bonds, 
obligations, loans and liabilities of the city, the payment of interest, 
and over all the property of the city, and the sale or the disposition 
thereof; over all legal or other proceedings in which the interests 
of the city are involved, and shall have authority, with the approval 
of the mayor, to institute or discontinue such proceedings, and to 
employ additional counsel, in special cases, where he thinks the 
city interests require it, and generally, in subordination to the mayor 
and city council, to exercise supervision over all such interests of 
said city as, in any manner, may concern or relate to the city finances, 
revenues and property. 

28. Audit and settle claims.] He shall revise, audit and 
settle all accounts in which the corporation is concerned, either as 
debtor or creditor, or where provision for the settlement thereof is not 
otherwise provided for by law, and the settlement of which is not es¬ 
pecially committed by ordinance to some other authority. 

29. Verification of claims.] He shall have power, in making 
such settlements and adjustments, and for the purpose of ascertain¬ 
ing the true state of any balance or balances so due, to require any 
claimant or claimants to deposit and file with said comptroller a state¬ 
ment in writing under oath as to any fact, matter or thing concern¬ 
ing the correctness of any account, claim or demand presented. 

30. Record-house of correction.] It shall be the duty 
of the comptroller to keep a record of the names of all persons 
committed to the house of correction, in a book or books to be 
provided for that purpose, showing the date of committal, days of 
imprisonment, amount of fine, etc. 


8 


GENERAL ORDINANCES. 


31. Leasing of city realty.] When provision for appraisers 
shall be made by a lease to which the corporation is a party, or in 
which it is interested, appraisers on behalf of the corporation to de¬ 
termine the rent on renewal of the lease, or the value of buildings to 
be paid for on the expiration thereof, shall be appointed. The ap¬ 
praiser or appraisers on the part of the corporation may be appointed 
by the mayor and the comptroller. 

32. Acceptance of streets.] The comptroller may accept the 
cession of streets or avenues, or parts thereof, not ceded or opened, 
on receiving a sufficient conveyance thereof to the corporation, with 
a map of the ceded premises annexed thereto, and a certificate of 
the counsel to the corporation, approving the same. But in all cases 
the expense of the cession must be paid by the party by whom it 
is made. 

33. Records.] Said comptroller shall open and keep, in a clear, 
methodical manner, a complete set of books, under the direction of the 
mayor and finance committee of the city council, wherein shall be 
stated, among other things, the appropriations of the year for each 
distinct object and branch of expenditure, and also the receipts from 
each and every source of revenue, so far as he can ascertain the 
same. Said books, and all papers, vouchers, contracts, bonds, receipts 
and other things kept in said office, shall be subject to the ex¬ 
amination of the mayor, the members of the city council, or any com¬ 
mittee or committees thereof. 

34. Officers to make statements to.] He shall require 
of all officers charged in any manner with the receipt, collection 
or disbursement of the city revenues, to make monthly statements in 
writing, under oath, showing in detail all such receipts, collections and 
disbursements, and file the same in the office of said comptroller. 

35. Power to enforce statements.] It shall be the duty of 
the comptroller, whenever any officer shall refuse or neglect to make 
such report, or adjust his accounts, whenever required so to do by 
the comptroller, and pay over to the proper officer any moneys in 
his possession belonging to the city, to cause a notice in writing 
to be served upon such officer and his sureties, demanding a settle¬ 
ment of his accounts forthwith; and in case of the refusal or neglect 
of such officer, for a period of five days after said notice, to make 
such settlement and pay over said moneys, said comptroller shall 
report such officer to the mayor, who shall immediately remove him 
from office; and proceedings for the recovery of any moneys due the 
city shall be at once instituted against such delinquent and his sureties. 

36. Unexpended appropriations.] It shall be the duty of the city 
comptroller, at the close of each fiscal year, to place to the credit of the 
general fund all unexpended appropriations for such year, but which 
shall not include contracts or liabilities entered into by virtue of au¬ 
thority of such appropriation, and which remain unpaid at the close 
of said fiscal year; Provided, that no such disposition shall be made 


FINANCE. 


9 


of any trust fund or funds or special assessments that by law are 
specific and under the direct control of officers specially appointed 
for their disbursement. 

37. To debit officers receiving money.] It shall be the duty of 
the comptroller,, as nearly as may be, to charge all officers in the 
receipt of revenues or moneys of the city, with the whole amount, from 
time to time, of such receipts. 

38. Annual statements—contents.] The comptroller shall make 
out an annual statement, for publication, on or before the ist day of 
March, in each year, giving a full and detailed statement of all the 
receipts and expenditures during the fiscal year ending December 
31 st. Said statement shall also detail the liabilities and resources of 
said city, the condition of all unexpended appropriations and con¬ 
tracts unfulfilled, and the balances of money then remaining in the 
treasury, with all sums due and outstanding; the names of all persons 
who may have become defaulters to the city, and the amount in their 
hands unaccounted for, and all other things necessary to exhibit 
the true financial condition of the city; which statement, when 
examined and approved by the finance committee, shall be published 
by him as aforesaid. 

39. Annual estimates—contents.] He shall also, on or before the 
first Monday of February in each year, before the annual appropria¬ 
tions are made by the city council, submit to the same a report of the 
estimates necessary, as nearly as may be, to defray the expenses of 
the city government during the current fiscal year, commencing on 
the first day of January; he shall, in said report, class the different 
objects and branches of said city expenditure, giving, as nearly as 
may be, the amount required for each; and for this purpose he is 
authorized to require of all city officers and heads of departments their 
statements of the condition and expense of their respective departments 
and offices, with any proposed improvement and the probable expense 
thereof; of contracts already made and unfinished, and the amount of 
any unexpended appropriations of the preceding year. He shall, also, 
in such report, show the aggregate income of the preceding fiscal 
year from all sources; the amount of liabilities outstanding upon 
which interest is to be paid, and of bonds and city debts payable 
during the year, when due and where payable, so that the city 
council may fully understand the money exigencies and demands of 
the city for the current year. 

40. Monthly statement.] In addition to the other duties of the 
comptroller of said city, it is hereby made his duty, on or before the 
tenth day of each and every month, to make out a monthly statement, 
giving a full and detailed statement of all the moneys received and 
from what sources, and on what account received, and of all moneys 
ordered to be paid, or drawn for by warrant, by him, and on what 
account the same have been paid, for the month preceding that in 
which such statement is made; and the said comptroller shall cause 


10 


GENERAL ORDINANCES. 


the said monthly statement to be delivered to the city council at 
its next regular meeting. 

41. Mayor and comptroller to sign warrants.] The mayor 
shall sign all warrants drawn upon the treasurer; and the same shall 
be countersigned by the comptroller, and shall state therein the 
particular fund or appropriation to which the same is chargeable 
and the person to whom payable; and no money shall be otherwise 
paid than upon such warrants so drawn. 

42. Annual settlements.] The comptroller and the finance com¬ 
mittee shall meet annually in the month of February, and compare 
all reports and statements made by the comptroller, treasurer and 
collector, and report thereon to the city council. 

43. Interest on judgments.] The comptroller shall, upon the 
demand of the legal owner of any final judgment heretofore rendered, 
or which may hereafter be rendered against the city of Chicago, pay 
the legal and statutory interest thereon semi-annually, in the months 
of January and July of each year until such judgment is paid, or until 
payment thereof is tendered by the city of Chicago to such owner. 

44. Publish pay-rolls.] It shall bethe duty of thecity comptroller 
to make a monthly report to the city council, that the same may be 
published in the printed proceedings thereof, of each and every pay-roll 
upon which he shall make payments to any employes of the city; such 
pay-roll to contain the name and place of residence of each employe, 
and shall indicate the services for which such employe is paid. 

45. Water fund—investment of.] It shall be the duty of the 
city comptroller, hereafter to invest the surplus money in the hands of 
the city treasurer, belonging to the water fund of the city of Chicago, 
in the manner following: Upon the refunding or the issuance for re¬ 
funding purposes by the city of any of its bonds, the comptroller shall 
invest so much of the surplus money which may be in the hands of the 
city treasurer to the credit of the water fund, and which shall be avail¬ 
able by the purchase of said bonds or securities, and said bonds shall be 
registered by the comptroller as being the property of the water fund, 
and shall not be negotiated or sold until so ordered by the city council; 
Provided, this section shall not apply to water fund bonds. 

46. Police and firemen’s relief fund.] One-fourth of all the 
fines collected by the city of Chicago for the violation of city or¬ 
dinances, and which are not by statute appropriated to other pur¬ 
poses, and one per centum of the net receipts from saloon licenses, 
shall be hereafter set aside and transferred by the city comptroller to 
the credit of the police and firemen’s relief fund, for the use and benefit 
of the same; Provided, that the amount received from this and other 
sources so appropriated, shall not exceed thirty thousand dollars per 
annum. And provided, further, that when at any time it shall be 
ascertained that the amount so received shall exceed the sum of thirty 
thousand dollars, the excess of that sum shall be returned to the 
general fund of the city. 


FINANCE. 


11 


47. Illinois Humane Society.] All fines, paid in money, imposed 
through the agency of the Illinois Humane Society, under the laws 
and ordinances of the city of Chicago, shall, when collected, be trans¬ 
ferred by the city comptroller to the credit of said society, to be applied 
to its support, and all fines imposed through the act, agency, or 
prosecution of any special policemen appointed on the application 
of said society, shall be regarded as imposed through the agency of 
the Illinois Humane Society. 

ARTICLE II. 

BONDS. 

48. To whom payable—endorsement.] By the endorsement 
of the comptroller upon any bonds of the city, payable to bearer, when 
presented for that purpose by the owner, such bonds shall become 
payable only to the party named in such endorsement, his assignees 
or legal representatives, anything on the face of such bond to the 
contrary notwithstanding. The affidavit of the party presenting any 
such bond, or his authorized agent or attorney, that he is the owner 
thereof, shall be sufficient evidence to the comptroller of such owner¬ 
ship. 

49. Form of endorsement.] The endorsement of the comp¬ 
troller may be in the following form: “By virtue of the Act of the 
general assembly of Illinois, the ordinances of the city of Chicago, 
and the consent of (A. B.) the owner of this bond, this bond is made 
payable only to said (A. B.) his assignees, or legal representatives, any¬ 
thing on the face thereof to the contrary notwithstanding. (C. D.) 
comptroller.” 

SPECIAL ASSESSMENT BONDS. 

50. Manner of execution.] Whenever the corporate authori¬ 
ties of the city of Chicago shall provide by ordinance to issue im¬ 
provement bonds for the purpose of anticipating the collection of 
the second and succeeding installments of special assessments here¬ 
tofore levied or hereafter to be levied, in pursuance of the provision of 
an act entitled, “An Act to authorize the division of special assess¬ 
ments in cities, towns and villages into installments and authorizing 
the issuing of bonds to anticipate the collection of deferred install¬ 
ments,” approved June 17, 1893, in force July 1st, 1893, such bonds 
shall be lithographed or steel-engraved on the best quality of heavy 
bond paper, of design to be approved by the mayor, and shall be 
signed by the mayor or bear his lithograph fac-simile, and also shall 
be signed by the commissioner of public works, countersigned by the 
city comptroller, and attested by the city clerk. 

51. Coupons—form.] Coupons shall be attached to said bonds 
which shall bear the fac simile signature of the city comptroller, and 
shall be in substantially the following form: 


12 


GENERAL ORDINANCES. 


Coupon No. . 

The city of Chicago, Illinois, promises to pay bearer at the office 

of the city treasurer, in said city, on the.day of. 

189.., the sum of.dollars, being the annual interest on im¬ 
provement bond No...., series No.. dated.. issued in 

anticipation of the collection of the.deferred installment of 

special assessment No...., named in said bond, said sum to be paid 
solely out of the fund levied for such purpose, when collected. 


City Comptroller. 

Such bond shall have its amount printed or lithographed across the 
face thereof in large figures. 

52. Custody — sale — proceeds.] In the event that said bonds 
are sold, the city comptroller shall have entire charge of the sale, and 
the proceeds derived from such sale shall be paid by the purchaser 
into the city treasury, and used for the sole purpose of paying for 
the improvement for which said bonds are issued. 

53. Anticipate installments.] In all cases where the city of 
Chicago has heretofore levied any special assessment payable in in¬ 
stallments pursuant to law, but on which the collection has not com¬ 
menced, improvement bonds of the city of Chicago shall be issued for 
the purpose of anticipating the collection of the second and succeed¬ 
ing installments, pursuant to and in accordance with the provisions 
of an act entitled “An Act to authorize the division of special assess¬ 
ment in cities, towns and villages into installments and authorizing 
the issue of bonds to anticipate the collection of deferred install¬ 
ments,” approved June 17th, 1893, and in force July 1st, 1893, and also 
in accordance with the foregoing provisions of this article. 

54. Series—division of.] The number of series into which the 
bonds issued on account of any special assessment shall be divided, 
shall correspond to the number of deferred installments as the same 
are fixed by the ordinances for the respective special assessments. 

ARTICLE III. 

CITY TREASURER. 

55. Bond.] The city treasurer, before entering upon the duties 
of his office, shall execute a bond, with sureties to be approved by the 
city council, in a sum not less than the amount of the estimated tax 
and special assessments for the current year. 

56. Appointment of assistants.] He shall appoint all assist¬ 
ants, clerks and subordinates employed in his office, and may remove 
them. 

57. Bonds of assistants.] It shall be the duty of said treasurer 
to require good and sufficient bonds to be given by all assistants and 
clerks in hi 9 office, who shall receive, or have the care, custody, 
or handling of any monevs or other valuable thing belonging to the 
city, which said bonds shall be approved by the mayor. 









FINANCE. 


13 


58. Duties.] He shall receive all moneys belonging to the cor¬ 
poration, and shall render at the end of each and every month, and 
oftener if required, a statement, under oath, to the city comptroller, 
showing the state of the treasury at the date of such account, and 
the balance of the money in the treasury. Said statement shall set 
forth all the moneys received by him, and from whom, and on what 
account they shall have been received; also, of all moneys paid out 
by him, and on what account they shall have been paid. 

59. Duties as to fines.] It shall be the duty of the treasurer to 
receive all fines of persons who may have been committed to the 
house of correction, and to make a duplicate receipt of the payment 
thereof to the comptroller; and when it shall appear by the "books 
of the comptroller that the term of imprisonment of any person is 
ended by virtue of such payment, or the expiration of his term of 
sentence, or both, the comptroller shall certify the fact to the superin¬ 
tendent of the house of correction, who shall carefully preserve said 
certificate and thereupon discharge the prisoner named. All fines 
received as aforesaid, shall belong to and be credited by said comp¬ 
troller to the house of correction fund. 

60. Report of defalcation.] He shall report to the comptroller 
any officer authorized to receive money, who may fail to make a return 
of the moneys received by him, at the time required by law, or by 
the ordinances of the city. 

61. Books of account.] Said treasurer shall cause to be kept 
books of account, in such manner as to show with entire accuracy, 
all moneys received by him, and from whom, and on what ac¬ 
count they shall have been received; and of all moneys paid out 
by him, and on what account they shall have been paid; and in 
such manner that said books may be readily understood and investi¬ 
gated; which books, and all papers and files of said office, shall be at 
all times open to the examination of the comptroller, the finance com¬ 
mittee, or any member of the city council. 

62. Banks for city deposit.] Said treasurer shall be required 
to deposit and keep all moneys in his hands belonging to the city 
of Chicago, in such banks as may be designated by the city council; 
and the mayor, comptroller and chairman of the committee on finance 
shall secure from time to time, as occasion may require, proposals from 
such banks as they shall recommend for the deposit therein by the 
city treasurer, of the moneys in his hands belonging to the city, and 
to submit such proposals to the city council for acceptance. 

ARTICLE IV. 

CITY COLLECTOR. 

63. Collector—office created—term.] There is hereby cre¬ 
ated the office of city collector, who shall hold his office for the term 
of two years, and until his successor shall be appointed and qualified. 


14 


GENERAL ORDINANCES. 


64. Appointment.] He shall be appointed by the mayor, by and 
with the advice and consent of the city council, on the first Monday in 
May, 1897, or as soon thereafter as may be, and biennially thereafter. 

65. Bond.] Said collector shall, before entering upon the duties 
of his office, execute a bond, with sureties, to be approved by the 
city council, in the sum of two hundred and fifty thousand dollars, 
conditioned for the faithful performance of the duties of his office. 

66. Clerks—appointment of.] The city collector, with the con¬ 
sent of the mayor, shall appoint such various assistants, clerks and 
subordinates in his office as the city council may authorize, and he 
shall be held responsible for the fidelity of the persons so appointed 
by him and may also remove them. 

67 . Duties.] He shall execute all special assessment and other 
warrants, which by law and the ordinances of said city may be executed 
by such collector, and shall perform such other duties as now are, 
or may hereafter be, imposed upon him by law or the ordinances of the 
city. 

68. Daily payment to treasurer.] He shall, each and every 
day, pay over to the city treasurer all moneys collected by him from 
any source whatsoever, taking such treasurer’s receipt therefor, which 
receipt he shall immediately file with the city comptroller, who shall, at 
the same time, or on demand, give such collector a copy of any such 
receipt so filed. 

69. Monthly statement.] He shall furnish and file with the 
comptroller a monthly statement of all moneys received by him, and 
from whom, and on what account they shall have been received. 

70 . Books of account.] It shall be the duty of the city collector, 
under and subject to the direction and supervision of the city comp¬ 
troller, to keep books and accounts, which shall show all receipts and 
moneys received by him, and other matters pertaining to his office; 
such books and accounts to be kept in a clear, intelligible, and method¬ 
ical manner. 

71 . Report of delinquent special assessments.] The time 

within which the city collector shall make his annual report to the 
treasurer and ex-officio county collector of Cook county, of the de¬ 
linquent special assessments, as required by section 39 of article 9 of 
chapter 24, Revised Statutes of Illinois, be and the same is hereby 
fixed as on or before the first day of April of each year. 

72 . Rebate, when.] Said collector shall allow a rebate of one 
per cent, upon the amount of all special assessments which shall 
hereafter be paid to him, prior to such special assessments being 
turned over as delinquent to the county collector of Cook county, 
and shall also, in giving the notice required by law of such special 
assessments being due and payable, add thereto a notice to the prop¬ 
erty owners that they will save said one per cent, and subsequent 
costs, by the payment of such special assessments before the same are 
turned over as delinquent to the county collector. 


CHAPTER V. 


LAW. 


ARTICLE I. 

CORPORATION COUNSEL. 

73. Department created.] Thereishereby established an execu¬ 
tive department of the municipal government of the city of Chicago, 
which shall be known as the department of law, and shall embrace 
the corporation counsel, the city attorney, the prosecuting attorney, 
and such number of assistants and clerks as the city council may, by 
ordinance, see fit to prescribe and establish. 

74. Term.] There is hereby created the office of corporation 
counsel, who shall be the head of the law department, and shall hold 
his office for the term of two years, and until his successor shall be ap¬ 
pointed and qualified. 

75. Appointment.] He shall be appointed by the mayor, by and 
with the advice and consent of the city council, on the first Monday 
in May, 1897, or as soon thereafter as may be, and biennially thereafter. 

76. Bond.] Said corporation counsel, before entering upon the 
duties of his office, shall execute a bond to the city of Chicago, in the 
sum of five thousand dollars, with such sureties as the city council 
shall approve, conditioned for the faithful performance of the duties 
of his office. 

77. Assistants—appointment and removal] He shall have the 
power of appointing and removing all assistants and clerks in his office. 

78. Superintendence of law matters.] He shall superintend, 
and, with the assistance of the city attorney and prosecuting attorney, 
conduct all the law business of the city. 

79. Drafts of ordinances.] He shall draw such ordinances as 
may be required of him by the city council, or by any committee 
thereof. 

80. Contracts, deeds, etc.] He shall draw the leases, deeds and 
other papers connected with the finance department, and all contracts 
for any of the other departments of the corporation, when so required 
by the head of the department. 

81. Legal opinions.] He shall, when required, furnish written 
opinions upon subjects submitted to him by the mayor or city council, 
or by any department of the municipal government. 

15 



Id 


GENERAL ORDINANCES. 


82. Term ended—delivery to successor.] Upon the expiration 
of his term of office, or his resignation thereof, or removal therefrom, 
the corporation counsel shall forthwith, on demand, deliver to his 
successor in office all deeds, leases, contracts, and other papers in 
his hands, belonging to the corporation, or delivered to him by the cor¬ 
poration or any of its officers, and all papers in actions prosecuted or 
defended by him, then pending and undetermined, together with his 
register thereof, and of the proceedings therein. 

83. Annual estimate.] He shall prepare and submit to the comp¬ 
troller, on or before the first day of February in every year, an estimate 
of the whole cost and expenses of providing for and maintaining said 
department during the current fiscal year, which estimate shall be in 
detail, and shall be laid by said comptroller before the city council, 
with his annual estimate. 


ARTICLE II. 

CITY ATTORNEY. 

84. Bond.] The city attorney shall, before entering upon the 
duties of his office, execute a bond to the corporation, with two 
sufficient sureties, to be approved by the city council and filed in the 
office of the comptroller, in the penal sum of five thousand dollars, 
conditioned for the faithful performance of the duties of his office. 

85. Drafts of ordinances.] He shall draw such ordinances as 
may be required of him by the city council, or by any committee 
thereof. 

86. Contracts, deeds, etc.] He shall draw the leases, deeds and 
other papers connected with the finance department, and all contracts 
for any of the other departments of the corporation, when so required 
by the head of the department. 

87. Docket of causes.] He shall keep in proper books to be 
provided for that purpose a register of all actions in courts of record, 
prosecuted or defended, in which the city may be a party, and all pro¬ 
ceedings had therein, and which shall at all times be open to the inspec¬ 
tion of the mayor, comptroller, or any committee of the city council. 

88. Term ended—delivery to successor.] Upon the expira¬ 
tion of his term of office, or his resignation thereof, or removal there¬ 
from, he shall, forthwith, on demand, deliver to his successor in office 
all deeds, leases, contracts, and other papers in his hands belonging 
to the corporation, or delivered to him by the corporation, or any 
of its officers, and all papers in actions prosecuted or defended by him, 
then pending and undetermined, together with his register thereof, and 
of the proceedings therein. 

89. Annual report.] He shall annually, on or before the first 
day of February in each year, report in writing to the city council a 
statement of all suits instituted and pending in courts of record in 


LAW. 


17 


which the city of Chicago is plaintiff or defendant, in which report 
shall be stated the names of all defendants and plaintiffs, the nature 
of the actions, the date of the commencement, and the several steps 
that may have been taken in court during his term of office to bring 
such suits to final issue, to be accompanied with such explanatory re¬ 
marks as said attorney may see fit to append—to the end that the coun¬ 
cil may be kept more fully advised as to the legal affairs of the city. He 
shall also attach to his said report a list of all such cases as may have 
• been disposed of during his term of office and subsequent to his last re¬ 
port, together with their results; said reports shall be made up to the 
first day of January in each year. 

90. Assistants—appointment and removal.] He shall have the 
power of appointing and removing all assistants and clerks in his 
office. 


ARTICLE III. 

PROSECUTING ATTORNEY. 

91. Office created.] There is hereby created the office of prose¬ 
cuting attorney, who shall hold his office for the term of two years, 
and until his successor shall be appointed and qualified. 

92. Appointment.] He shall be appointed by the mayor upon the 
recommendation of the corporation counsel and city attorney, and by 
and with the advice and consent of the city council, on the first Monday 
in May, 1897, or as soon thereafter as may be, and biennially there¬ 
after. 

93. Bond.] He shall, before entering upon the duties of his 
office, execute a bond to the city of Chicago, in the sum of five thou¬ 
sand dollars, with such sureties as the city council shall approve, con¬ 
ditioned for the faithful performance of the duties of his office. 

94. Duties.] The prosecuting attorney is charged with the prose¬ 
cution of all actions for violation of the ordinances of the city, and with 
the conduct of all proceedings before justices, or upon appeal to the 
criminal court. He shall institute an action in every case where there 
has been a violation of any city ordinance, when instructed to do so 
by the city council, or the chief officer of any department, or upon the 
complaint of any other person, when, in his judgment, the public 
interest requires that the same shall be prosecuted. 

95. Compromise actions.] He may, with the consent of the city 
attorney, compromise with the party complained of, either before or 
after an action shall have been brought for any violation of an ordi¬ 
nance of the city council, when the penalty does not exceed twenty-five 
dollars, and when, in his judgment, the public interest does not require 
that an action should be prosecuted therefor; and he shall have the 
power to discontinue any action upon such terms as to him may seem 
equitable. 

2 


18 


GENERAL ORDINANCES. 


96 . Appeal cases.] He shall not appeal any case in which 
judgment shall have been given against the city, except with the con¬ 
sent of the corporation counsel. 

97 . Report to corporation counsel.] He shall, on the thirty- 

first day of December in each year, report to the corporation counsel 
the transactions of his office during the year, and with such other 
information as he may deem necessary or proper. 

98 . Delivery of papers to successor.] Upon the expiration of 
his term of office, or his resignation thereof, or removal therefrom, 
the prosecuting attorney shall forthwith, on demand, deliver to his 
successor in office all papers in his hands belonging to, or delivered 
to him by the corporation or any of its officers, and all papers in 
actions prosecuted by him, and which are then pending and unde¬ 
termined, together with his register thereof, and of the proceedings 
therein. 


CHAPTER VI. 



AMUSEMENTS. 

99. Classification for license.] For the purpose of providing for 
the licensing and taxing of theatricals, shows, amusements- and all 
public exhibitions for gain, in a just and equitable manner, the same 
are hereby divided into five classes which shall be known as the first, 
second, third, fourth and fifth, as follows: 

1. All entertainments of a dramatic or operatic character, including 
lectures, public readings and recitations and exhibitions of paintings or 
statuary, shall belong to and be known as entertainments of the first 
class. 

2. Concerts or other musical entertainments, panoramas, perform¬ 
ances of any feats of jugglery, sleight-of-hand or necromancy and ex¬ 
hibitions of any natural or artificial curiosities, shall belong to and be 
known as entertainments of the second class. 

3. Circuses, menageries, caravans, exhibitions of monsters, freaks 
of nature, and revolving wheels carrying passengers, shall belong to 
and be known as entertainments of the third class. 

4. Side-shows, concerts, minstrels or musical entertainments given 
under a covering of canvas, variety and minstrel shows, athletic, ball 
and similar games of sport, and all other exhibitions, performances and 
entertainments not here enumerated, given in a building, hall or under 
canvas or other covering, within any enclosure or upon private proper¬ 
ty, shall belong to and be known as entertainments of the fourth 
class. 

5. All street shows, exhibitions and devices, such as bird shows, 
galvanic batteries, lifting machines, blowing and striking machines, 
and all other exhibitions and performances or devices for the trial of 
strength, given, performed or had upon or along the streets or public 
grounds of the city of Chicago, and all exhibitions or shows not in- • 
eluded in the four foregoing classes, shall belong to and be known 
as entertainments or exhibitions of the fifth class. 

100. Entertainments—license.] No person or persons shall give, 
within the limits of the city, any of the entertainments mentioned in 
this chapter, for gain, without a license for that purpose first had and 
obtained from the mayor, under the seal of the city, under a penalty of 
not less than fifty dollars and not exceeding two hundred dollars, for 
each and every violation of this section: Provided, that for musical 
parties or concerts, and exhibitions of paintings or statuary, given 
by citizens of this city, not engaged in the giving of such entertain¬ 
ments as a business, no license shall be required. 

101. License.] Each license shall express for what it is granted 
and the time it is to continue; and, the following tax, or license fee, 

19 


20 


GENERAL ORDINANCES. 


shall be imposed upon each license granted, as aforesaid, and paid 
to the city collector, on the granting of such license as follows, to-wit: 

1. For entertainments of the first class, ten dollars for every per¬ 
formance or exhibition. 

2. For entertainments of the second class, ten dollars for every 
performance or exhibition. 

3. For entertainments of the third and fourth classes, the following 
sums: For each circus, or circus and menagerie, three hundred dol¬ 
lars for each day; for each menagerie, two hundred dollars for each 
day; for each side show without any circus or menagerie, seventy-five 
dollars for each and every day of exhibition; for each concert, musical 
or minstrel entertainment given under a covering of canvas, ten dollars 
for each day; for each revolving wheel carrying passengers, fifty dol¬ 
lars for each day. 

4. For each variety and minstrel show, athletic, ball or similar 
games or sports, ten dollars for each day; and exhibitions of monsters 
or freaks of nature, and all other exhibitions, performances and en¬ 
tertainments not hereinbefore enumerated, given in a building, hall 
or under canvas, or other covering, or within any enclosure, the sum 
of twenty dollars for each week or part thereof; but if such exhibition 
or show shall continue for a whole month or more, then at the rate 
of fifty dollars per month. 

5. For each exhibition, show or device of the fifth class, or any 
entertainment or other exhibition not hereinbefore otherwise desig¬ 
nated, ten dollars for each and every month or part thereof. And no 
license shall be issued for any entertainment or amusement of the third 
class in or upon any building, lot, enclosure, ground or place, any / 
part of which is within fifteen hundred feet of any of the boundary 
lines of any of the public parks wholly or in part located within the 
city of Chicago. 

102. City clerk to issue.] Every license shall be issued by the 
city clerk, on notice to him from the city collector, that the license 
tax or fee has been paid, and shall be signed by the mayor. 

103. Mayor to [classify.] The mayor shall determine in every 
case, where application for a license under this chapter is made, the 
class to which the entertainment belongs, and the person or persons 
to whom the license may be granted shall pay the license tax or fee 
herein fixed for such license. 

104. Annual license—first class.] The owner or lessee of any 
hall or theater, in which the entertainments given are, as a rule, 
of a dramatic or operatic character, and the highest admission price 
exceeds fifty cents, shall, on the payment of three hundred dol¬ 
lars to the city collector, or if the highest admission price does not 
exceed fifty cents, then on the payment of two hundred dollars to the 
said collector, have the occupants of his or their hall or theater ex¬ 
empted from license for one year. 

105. Annual license—second class.] [.The owner or lessee of any 
hall, theater, museum, or other building, in which, as a rule, entertain- 



AMUSEMENTS. 


21 


ments of the second class are given, on the payment of two hundred 
dollars to the city collector, shall have the occupants of his hall, theater, 
museum, or other building, exempted from license for one year. 

106. Annual license—third class.] The owner or lessee of any 
hall, theater, museum, or other building, in which, as a rule, variety, 
minstrel, or other performances and exhibitions of the third class are 
given, on the payment of one hundred dollars, shall have the occupants 
of his or their hall, theater, museum, or other building, exempted from 
license for one year. 

107. Entertainment defined. | Th e word “entertainments” used 
herein, shall be taken to mean and include, theatricals and other exhi¬ 
bitions, shows and amusements, wherein or whereby, any person or 
persons shall act, play, or perform any play, opera, or other dramatic 
or musical composition, or give performances of any kind, or give any 
show or public exhibition for gain. 

108. License subject to ordinances.] Every license granted under 
the provisions hereof, shall at all times be subject to the ordinances of 
the city existing when the same shall be issued, or which shall there¬ 
after be passed, so far as the same shall apply. 

109. Prohibitions in licenses—revocation.] All licenses for en¬ 
tertainments, where a license is required, shall contain a proviso that 
no gaming, raffle, lottery or chance gift distribution of money or ar¬ 
ticles of value shall be connected therewith or allowed by the person 
obtaining said license, or in anywise permitted or held out as an induce¬ 
ment to visitors; such‘license shall also state the number of persons 
such licensed theater, hall or other building has accommodations for, 
and no more than that number shall be allowed to occupy such theater, 
hall or other building at any one time; and when any person or per¬ 
sons shall be charged by a credible person with having violated the 
provision of his or her license, as aforesaid, the mayor of the city is 
directed to give the parties accused reasonable notice thereof, and in¬ 
quire into the truth of said charge; and if the accusation be sustained to 
his satisfaction, he may revoke the license of any such person or per¬ 
sons, and every such person or persons so offending shall be subject to 
a penalty of not more than one hundred dollars. 

110. Concert in saloon—permit.] No person or persons shall be 
allowed to give any concert or entertainment for gain, in any licensed 
saloon or grocery, or in any place the entrance of which shall be 
through a saloon or grocery, within the city of Chicago, without a 
special permit from the mayor; and any person or persons violating the 
provisions of this section shall be fined in a sum not less than five dol¬ 
lars, nor exceeding fifty dollars, and shall have his or her license re¬ 
voked. in the discretion of the mayor. 

111. Fire marshal’s certificate.] The owner or lessee of every 
licensed theater, hall, or other building, shall post and maintain during 
the period of his license, in some conspicuous place near the main en¬ 
trance, a printed certificate, properly framed, showing the class of en¬ 
tertainments for which said theater or hall is licensed; its seating ca- 


22 


GENERAL ORDINANCES. 


pacity; the number of exits, and size of each; and the number of aisles 
in each circle, which said certificate shall be signed by the fire marshal; 
and shall also state, if such be the fact, that he has personally examined 
said building, and considers it safe. 

112. License—penalty for not taking out.] It shall be the duty 
of every proprietor or lessee of any theater, hall, or other building 
where public entertainments are given, before he permits any person or 
persons to use the same for the purpose of giving any entertainment 
therein for gain, to obtain from the mayor the license herein required, 
either in his own name, or in the name of the person proposing to give 
such entertainment, under a penalty of not more than fifty dollars for 
each and every violation of this section. 

113. Church festivals.] The mayor is hereby authorized to make 
and allow a rebate in the license fee of all such concert and other halls 
wherein are held and had church festivals and entertainments, society 
and social meetings and club parties, in such sum and in such manner 
as in his judgment is fair and just. 

114. Carousell—conditions.] No license shall be issued to any 
person, firm or corporation to conduct in any building which fronts on 
any street, a place of amusement wherein an apparatus commonly 
known as carousell, or merry-go-round is operated, unless the appli¬ 
cant for such license shall present to the city collector the written con¬ 
sent or petition favorable to the same from persons owning a majority 
of the frontage of lots on the same street or streets, within two hundred 
and fifty feet on each side of the lot or lots upon which such building 
is located, and like consent from the owners of a majority of the five 
hundred feet of frontage on the opposite side of the street or streets, 
constituted by measuring two hundred and fifty feet each way from 
a point opposite the middle of the frontage of the land upon which 
said building is located. 

115 . Mutilation of posters—penalty.] It shall not be lawful for 

any person or persons to destroy, tear, mutilate, cover over, or other¬ 
wise deface or injure, any bill or poster (posted in such places as may be 
permitted), descriptive of any performance or entertainment given in 
any licensed theater or hall, or in pursuance of a license given by the 
city; and any person or persons violating the provisions of this section, 
shall be subject to a penalty of not more than twenty-five dollars for 
each and every violation thereof. 

116 . Intoxicating liquors.] It shall not be lawful for any person 
or persons to sell or give away any spirituous, vinous, malt, or other 
intoxicating liquors, in any theater, hall, or other building in which 
public entertainments are given for gain, nor in any room or rooms 
connected with the same, without a special permit from the mayor, 
under a penalty of not more than one hundred dollars for each and 
every violation of this section. 

117 . Aisles obstructed—penalty.] No person shall be allowed 
to stand in or occupy any of the aisles or passage ways during any per- 


AMUSEMENTS. 


23 


formance, service, exhibition, lecture, concert, ball, or any public as¬ 
semblage, nor shall there be any chairs, settees, camp stools, or other 
obstructions of any kind in the lobby, aisles, or passage ways in any 
theater, hall, or other public building, when the same is occupied by 
the public, under a penalty of not more than one hundred dollars for 
each and every violation of this section. 

118. Police power.] It shall be the duty of all members of the po¬ 
lice force to see that the provisions in the preceding section are strictly 
observed, and in case of any violation thereof, forthwith to proceed to 
clear any obstructed aisle, passage-way, or lobby, and to arrest the 
offender or offenders. 

119. Doors to open outward.] All persons owning, leasing, man¬ 
aging, or having charge of any church, theater, opera house, public 
hall, or place of amusement in the city of Chicago, shall be required to 
have all doors leading to or from the same hung so as to open out 
therefrom. 

120. Programmes show diagram of exits.] It shall be the duty of 
the owner, lessee or manager of every building in which public exhi¬ 
bitions are given and where programmes are issued, to cause a dia¬ 
gram showing the exits of such building to be printed on such pro¬ 
gramme. All exit openings in such buildings shall have the word 
“Exit” in letters at least six inches high applied to the auditorium side 
and to the stage side of every such exit. There shall be kept in read¬ 
iness for use on the stage of every theater, hall, or building in which 
public entertainments of any character are given, at least four casks 
full of water and two buckets to each cask. Said casks and buckets 
shall be painted red and marked “Use for fire only.” There shall also 
be provided hand pumps or other portable fire-extinguishing apparatus 
and, at least, four axes, and two twenty-five feet hooks, and two fifteen 
feet hooks, and two ten feet hooks on the floor of the stage and on each 
tier or floor under or over the stage. 

121. Special police.] It shall be the duty of every owner or lessee 
of every licensed theater, hall, or other building, to keep and preserve 
good order in and about his premises, and to that end he shall hire, and 
keep at his own expense a sufficient number of special police patrol¬ 
men. 

122. Refusal to move when directed.] It shall not be lawful for 
any person or persons to stand in the lobby or outer entrance to any 
licensed theater, hall, or other public building, or on the sidewalk ad¬ 
jacent to, and within fifty feet of such entrance, after a request to move 
on, made by the owner, lessee, or any police officer, under a penalty of 
not more than twenty-five dollars for each and every such offense. 


CHAPTER VII. 


AUCTIONS AND AUCTIONEERS. 

123. License—fee—bond.] Any person may become an auc¬ 
tioneer and be licensed to sell real and personal property at public 
auction, at a place to be named in said license, upon paying to the 
city collector the sum of three hundred dollars, and executing a bond 
to the city, with two sureties, to be approved by the mayor, in the 
penal sum of one thousand dollars conditioned for the due observance 
of the ordinances of the city. 

124. Application—contents.] Every person who may wish to 
obtain a license, as above mentioned, shall apply in writing for the 
same to the mayor, setting forth therein his proposed place of business 
and the names of his sureties, and in no case shall such license be 
transferable, or the place of business changed, without the consent, in 
writing, of the mayor. 

125. Expiration—revocation.] All licenses to auctioneers shall 
be made to expire on the last day of April in each year, and shall be 
subject to revocation by the mayor, whenever it shall appear to his 
satisfaction that the party so licensed shall have violated any pro¬ 
vision of any ordinance of the city relating to auctions or auction 
sales, or any condition of the bond aforesaid. 

126. Penalty.] Any person or persons who shall sell, or at¬ 
tempt to sell at public auction, in this city, any goods, chattels, or 
personal property whatever, except under and by virtue of legal pro¬ 
cess, or under and by virtue of a mortgage, without first having ob¬ 
tained a license therefor, as above required, shall be subject to a fine 
of not more than the sum of fifty 1 dollars for each offense. 

127. Sales prohibited without license.] All sales of goods, 
wares and merchandise, or other personal property, at public auc¬ 
tion, within the city, except such as are made under and by virtue 
of legal process, shall be made by a person, his co-partner or clerks, 
who shall have first obtained a license for such purpose, as herein 
provided. 

128. Designate partners and clerks.] Every auctioneer, at the 
time of receiving his license, shall file with the city clerk a writing, 
signed by him, designating the co-partner and the clerks mentioned 
in the preceding section of this chapter, and upon any change of 
such co-partner or clerks shall file a like writing setting forth such 
change; and if any auctioneer shall permit any other person than 
such co-partner or clerks to sell any article at auction at the place 
designated in such license, he shall forfeit his license, and, on con- 


24 



AUCTIONS AND AUCTIONEERS. 


25 


viction thereof, shall be fined not to exceed fifty dollars for each of¬ 
fense. 

129. Chapter applies to clerks.] All the provisions of this 
chapter shall apply to such co-partner and clerks while acting as 
auctioneer, and such co-partner and clerks, so acting as auctioneer, 
shall be subject to all the penalties hereby imposed upon auctioneers 
for like offenses or violation of this ordinance. 

130. Sales elsewhere prohibited.] No auctioneer shall sell, or 
offer for sale, at public auction, any goods, wares, merchandise, or 
other personal property, in any place, house, store or other building, 
other than in the place, house, store or building where he is authorized 
to sell by his said license, without a special permit from the mayor; 
Provided, however, that no permit shall be granted without the per¬ 
son or persons asking or desiring such permit first paying therefor, 
to the city collector, twenty-five cents for each day such sale shall 
occupy, where such proposed auction sale shall be held in any private 
house or residence; and when such proposed auction sale shall be 
held in any other place, then upon payment of fifty cents for each 
dav such sale shall occupy. 

131. Sale of plate.] It shall be the duty of every auctioneer 
who shall offer for sale any watch, plate or jewelry of any kind, to 
announce to the persons present, in a loud voice, whether the same 
be gold, gold plate, silver, silver plate, or base metal, before pro¬ 
ceeding to sell the same. Every auctioneer who shall offer for sale 
any watch, plate or other jewelry, without first making such an¬ 
nouncement, shall, on conviction thereof, pay a fine of not more than 
fifty dollars nor less than ten dollars, for each offense. 

132. Right to return.] The purchaser at an auction sale of 
any watch, plate, or jewelry shall have the right to return it to the 
auctioneer at any time within five days from the day of sale, if the 
watch, plate or jewelry be not of the quality represented to him, 
and the auctioneer shall return to the purchaser the price of the 
article. Should he refuse to do so, he shall forfeit his license and be 
liable to a fine of not more than fifty dollars. And it is hereby pro¬ 
vided, that if it shall be made to appear, to the satisfaction of the 
mayor, that the place of sale, or the place of business, of any such 
auctioneer shall have been closed at any time during said five days, 
for the purpose of avoiding an offer to return any such article so 
sold, the mayor shall revoke the license of such auctioneer. 

133. Substitution.] Any auctioneer who shall exhibit and offer 
for sale at auction any article, and induce its purchase by any bidder, 
and who shall afterward substitute any article in lieu of that offered to 
and purchased by the bidder, shall forfeit his license and be liable to a 
fine of not more than fifty dollars. 

134. False representations.] Any auctioneer or person being 
present when any watch, plate or jewelry is offered for sale, who shall 
knowingly, with intent to induce any person or persons to purchase 


26 


GENERAL ORDINANCES. 


the same, or any part thereof, make any false representation or state¬ 
ment as to the ownership of, or the character or quality of, the article 
or articles so offered for sale, or as to the poverty or circumstances of 
the owner or pretended owner of such article or articles, shall, on con¬ 
viction thereof, be subject to a fine of not more than fifty dollars; and 
if such false representation is made by such auctioneer, or by any 
other person with such auctioneer’s knowledge and consent or con¬ 
nivance, the license of such auctioneer shall be revoked. 

135. Sales on sidewalk.] No auctioneer, his co-partner or 
clerks, shall, without special permit from the mayor as hereinafter 
provided, sell, or expose for sale, at public auction, any goods, wares, 
merchandise, or other personal property, to any person or persons, 
who, at the time of bidding for the same, or whilst examining the same, 
shall be on the sidewalk or carriage-way of any street in the city. 

136. Death of licensee.] In case of the death of any auctioneer 
before the time limited in his license shall have expired, his co-partner 
or co-partners, if he has any, or his personal representative, may con¬ 
tinue to act under the license for the unexpired time. 

137. Sale on street—permit.] No goods, wares, merchandise, 
or other thing whatever, shall be sold at auction, or exposed for sale, 
by any auctioneer, his co-partner or clerks, in any street, avenue, alley, 
or public place in the city of Chicago, unless a special permit in writing 
be first obtained from the mayor, who is hereby authorized to grant 
a permit to make such sales, when, in his opinion, such permission 
will not interfere with the free travel of any such street, avenue, alley, 
or public place, and will not be, in any respect, injurious to the city or 
inhabitants thereof. 

138. Noises prohibited.] No bellman or crier, nor any drum 
or fife, or other instrument of music, nor any show signal, or means 
of attracting the attention of passengers, other than a sign or flag, 
shall be employed, or suffered or permitted to be used, at or near any 
place of sale, or at or near any auction room, or near any auction 
whatsoever. 

139. Penalty.] Any person or persons violating any provision or 
provisions of this chapter, where no other penalty is imposed, shall be 
subject to a penalty of not less than twenty-five dollars, nor more 
than fifty dollars, for each and every offense. 


CHAPTER 


VIII. 

BATH HOUSES, MASSAGE, MANICURE, ETC. 

140. Application for license—contents.] Any person or persons 
desiring to keep any public bath house, room, place or establishment 
wherein the business of furnishing baths, massage treatment, move¬ 
ment cure or treatment, or any treatment of patrons by manipulation 
of the person, or manicure treatment or chiropody is carried on shall 
make a written application for a license therefor to the city collector, 
which application shall contain the name of the applicant and the loca¬ 
tion of the proposed room, place or establishment. 

141. License-fee—location.] Upon compliance with the foregoing 
section and payment to the city collector of an annual license-fee of 
five dollars, any such applicant shall be entitled to a license to carry 
on or engage in the aforesaid business. If after the issuance and 
delivery of a license hereunder any change be made in the location of 
the place of business covered thereby, notice thereof shall be immedi¬ 
ately given to the city clerk and city collector. 

142. Posting of license—limitation.] Every such license when 
granted shall be posted in a conspicuous place in each establishment 
having such license, and shall contain a description of the room or 
rooms or place or establishment where the business thereby licensed 
is to be carried on and shall be personal to the licensee and not trans¬ 
ferable, and shall be confined to the rooms specified therein. 

143. Revocation.] Any such license which may be granted under 
the provisions of this chapter shall be subject to revocation, at any 
time, by the mayor at his option. 

144. Bathhouses without license prohibited.] No person or per¬ 
sons shall keep any public bath house, room, place or establishment 
wherein the business of furnishing baths, massage treatment, move¬ 
ment cure or treatment, or any treatment of patrons by manipulation 
of the person, or manicure treatment or chiropody is carried on unless 
such person or persons shall have first procured a license therefor, as 
herein provided; Provided, however, that nothing herein contained 
shall apply to public bathing houses where baths are given or sold 
without any attendants; nor to baths attached to and forming part of 
any barber shop; nor to any person who is licensed under the laws of 
the state of Illinois to practice medicine and is engaged in the practice 
of such profession, nor to the office or rooms of such person, provided 
that such person authorized to practice medicine does not employ fe¬ 
male assistants for purposes of manipulation or operating upon male 
patients. 


27 


28 


GENERAL ORDINANCES. 


145. Police inspection.] Any room or rooms, place or establish¬ 
ment in which any business of the kind mentioned in this chapter is 
licensed shall, at any and all times, be open to inspection by the super¬ 
intendent of police or his authorized officers or subordinates. 

146. Treatment by female attendants prohibited.] It shall be 
unlawful for any proprietor, manager or employe of any room, estab¬ 
lishment or place wherein is carried on any of the kinds of business, 
treatment or operations mentioned in this chapter, to furnish, provide, 
permit or suffer female attendants to bathe, treat, manipulate, operate 
upon or attend male patrons, and it shall also be unlawful for any fe¬ 
male attendant, employe or inmate of any rooms, establishment or 
place wherein is carried on any of the kinds of business, treatment or 
operations mentioned in this chapter to bathe, treat, manipulate, op¬ 
erate upon or attend any male patrons thereof. 

147. Penalty.] Any person violating or refusing to comply with 
any of the provisions of this chapter, or conducting the business afore¬ 
said without a license shall, upon conviction thereof, be fined not less 
than fifty dollars nor more than one hundred dollars for each and every 
offense. 


CHAPTER IX. 


BICYCLES. 

148. Speed—rules of the road. | No velocipede, bicycle or tri¬ 
cycle shall be ridden upon or along the public streets, avenues, alleys 
or other public grounds or ways within the city of Chicago at a speed 
exceeding ten miles an hour. And no velocipedes, bicycles or tri¬ 
cycles shall be ridden more than two abreast. All velocipedes, bicycles 
or tricycles while in motion shall keep to the right. 

149. Lamps required at night.J Velocipedes, bicycles and tri¬ 
cycles must carry lamps and keep them lighted at night. 

150. Custody — release from — bicycle in charge of officer.] 
Any officer having arrested any person for any violation or alleged 
violation of this chapter shall at once release such person from custody 
if such person shall consent that the bicycle or tricycle which was then 
in the charge or use of such person may be taken in custody by such 
officer and held as security for the appearance in court of the person 
so offending, and for the payment of any fine or costs that may be ad¬ 
judged against him or her. The person owning or using such wheel, 
in order to secure immunity from being held under arrest, shall sign 
an agreement as follows: 

“This certifies that in consideration of being released from custody 
“for an alleged violation of an ordinance of the city of Chicago, requir¬ 
ing a lighted lamp on bicycles and tricycles used at night, I hereby 
“consent that the bicycle in my possession known as (here insert name, 
“number or descriptive marks of bicycle or tricycle) may be taken by 
“the police department of the city of Chicago, and held as security for 
“my appearance in court. 

“Signed. 

Thereupon, it shall be the duty of the officer to convey said bicycle 
to the nearest police station, where the same shall be safely and se¬ 
curely kept until the charge against such person so arrested has been 
tried or disposed of as hereinafter provided. 

151. Officer to give receipt.] The police officer receiving such 
bicycle shall give a receipt therefor to the alleged offender, substan¬ 
tially as follows: 

“Received of (here insert name) a certain bicycle designated as (here 
“insert name, number or descriptive marks of bicycle or tricycle), 

“which is to be taken by the police department to the.police 

“station to be held as security for the appearance of (lure insert name 
“of alleged offender), and to be returned to him upon payment of any 
“fine and costs that may be adjudged against him. 

“(Signature of officer). 

“Wearer of Police Star No.” 

29 






30 


GENERAL ORDINANCES. 


152. Offender booked.] The charge against such alleged offender 
shall be entered upon the books and records of the police court in ex¬ 
actly the same way as though said person had been brought in person¬ 
ally in charge of the officer, and a certain time, not less than three days 
thereafter, shall be designated for the trial of such alleged offense. 

153. Bicycle returned.] Any person against whom such charge 
has been made may at any time thereafter before the time designated 
for the hearing of said charge, appear at the police station and pay a 
fine of three dollars and costs, without any trial, and thereupon such 
person shall be discharged, and his or her bicycle or tricycle shall be at 
once restored to him or her, and said charge shall thereupon be at once 
disposed of without trial. 

154. Refusal to sign agreement.] Any person so arrested who 
shall neglect or refuse to sign such consent as above provided shall be 
taken to the police court or justice court and held to bail as in ordinary 
cases. 

155. Hearing.] Any person g who has surrendered his.or her wheel 
for security as herein provided, and who shall not desire to pay the sum 
of three dollars and costs in order to have such wheel released, shall 
have the right to have said cause heard at the appointed time, or at 
such time thereafter as the justice of the peace or police magistrate 
may designate in the usual and ordinary way. 

156. Consent—when not given.] No officer shall take any 
wheel except upon consent of the person in charge thereof, and except 
upon his giving a receipt therefor as is hereinbefore provided. 

157. Penalty.] Any person violating any of the provisions of this 
chapter shall upon conviction be fined not less than three nor more 
than ten dollars for each offense. 


CHAPTER X. 


/ 


BILLIARD AND POOL TABLES, PIN AND BALL ALLEYS, AND SHOOTING 

GALLERIES. 

158. License required—penalty.] No person shall have or keep 
for his or her profit, within the city of Chicago, any billiard or pool 
table, pin alley, ball alley or shooting gallery, without first obtaining 
a license therefor, as hereinafter provided, under a penalty of not less 
than five dollars nor more than one hundred dollars for each and 
every offense. 

159. Annual license.] The mayor is authorized to issue annual 
licenses to persons to keep and run for profit, billiard and pool tables, 
pin alley or alleys, ball alley or alleys, and shooting galleries, as here¬ 
inbefore mentioned, upon the payment therefor to the city collector at 
the rate of ten dollars for each billiard or pool table, pin alley, ball 
alley or shooting gallery aforesaid, and such licenses shall expire on 
the first day of May next after their issuance: Provided, nothing 
herein contained shall be construed as requiring a license from persons 
keeping or running billiard or pool tables without charge for the 
use of the same. 

160. Minors not to play—penalty.] No person or persons who 
keep or run pool tables, or who keep or run pool rooms wherein is 
kept or used any pool table of any kind whatsoever, shall permit or al¬ 
low any minor to play thereon, or use any such table, or be or remain 
in or frequent isaid room, under a penalty of not less than ten dollars 
nor more than twenty dollars for each and every offense, and shall 
further forfeit his license; and any such minor so found playing pool 
in any pool room in the city of Chicago, or frequenting the same, or 
being therein, shall be subject to a fine of not less than five dollars 
nor more than ten dollars for each and every offense. 

161. Revocation of license.] Whenever it shall come to the atten¬ 
tion of the mayor that any such billiard or pool room or alley or 
shooting gallery is the resort of thieves, or dissolute or dis¬ 
reputable persons, he may at once revoke the license for the same. 


31 


CHAPTER XI. 


BILL POSTERS AND POSTING. 


ARTICLE I. 

BILL POSTERS. 

162. License.] No person, firm or corporation, shall carry on 
the business of bill posting within the city of Chicago without first 
having obtained a license for such business, as hereinafter provided. 

163. Application.] Any person, firm or corporation desiring to 
carry on the business of bill posting or of a bill poster, shall file with 
the city collector an application in writing containing the full name 
of the person, or style of the firm or corporation, and the location of the 
place of business, for which such license is desired. 

164. Fee—exception.] Upon compliance with the foregoing sec¬ 
tion, and the payment to the city collector of an annual license 
fee of one hundred dollars, any such applicant shall be entitled to 
a license to carry on such business or vocation as aforesaid: Provided, 
however, that any person carrying on the business or vocation of bill 
posting, who does not use a horse and wagon, or a cart in his said 
business, shall be charged for such license only the sum of twenty-five 
dollars per annum. 

165. Change of location.] If after issuance and delivery of a li¬ 
cense hereunder, any change be made in the location of the place of 
business covered thereby, notice thereof shall be given to the city clerk 
and city collector. 

166. Penalty.] Any person, firm or corporation, violating any of 
the provisions of this article, shall be subject to a penalty of not less 
than one hundred dollars nor more than two hundred dollars. 


ARTICLE II. 

BILL POSTING. 

167. Where prohibited—penalty—prima facie evidence of viola¬ 
tion.] No persons shall paste, post, paint, print, nail, or otherwise 
fasten any hand bill, sign, poster, advertisement or notice of any kind 
whatsoever, or cause the same to be done, on any curbstone, flagstone, 
or any other portion or part of any sidewalk or street, or upon any 
tree, lamp post, hitching pest, telegraph pole, telephone pole, hydrant, 

32 



BILL POSTERS AND POSTING. 


33 


bridge, pier, or upon any structure, within the limits of any street 
in the city of Chicago, except such as may be required by the ordi¬ 
nances of the city of Chicago, without the express consent of the city 
council, and no person shall paste, post, paint, print, nail or otherwise 
fasten any hand bill, sign, poster, advertisement or notice of any 
kind, or cause the same to be done, upon any private wall, window, 
door, gate, fence, advertising board or sign, or upon any other private 
structure or building, unless he is the owner thereof, without the con¬ 
sent in writing of the owner* of such wall, window, door, fence, gate, 
advertising board or sign, or other private building or structure, under 
the penalty of not less than ten dollars nor more than one hundred 
dollars for each and every offense. And when any hand bill, sign, 
poster, advertisement or notice of any kind shall be found pasted, 
posted, painted, printed, nailed or otherwise fastened on any curb¬ 
stone, flagstone, or any other portion or part of any sidewalk, or 
upon any tree, lamp post, hitching post, telegraph pole, telephone 
pole, hydrant, bridge, pier, or upon any private wall, window, door, 
gate, fence, advertising board or sign, or other private building or 
structure, in any way advertising any person, firm or corporation, 
the finding of such hand bill, sign, poster, ad' rtisement or notice 
shall be prima facie evidence that it was pasted, posted, painted, printed, 
nailed or otherwise fastened, contrary to the provisions of this section, 
by the person, firm or corporation thereby advertised. 

168. Medical advertisements prohibited—penalty.] No person, 
firm or corporation shall post or cause to be posted on any advertising- 
wagons, or upon or in any place within the city of Chicago where the 
same can be seen from the streets, alleys or other public places of the 
city, any advertisement, hand bill or notice of any character what¬ 
soever, giving or purporting to give information from whom or 
where medicine or remedies of whatever kind may be obtained for the 
cure, prevention or treatment of uterine diseases, or diseases peculiar 
to females; venereal disease or diseases of the genital organs, or nerv¬ 
ous debility, impotence, sterility, or barrenness; gonorrhea, gleet, 
stricture, syphilis, affection of the prostate gland, abortion or miscar¬ 
riage, or articles or means of preventing conception, under a penalty 
of not less than twenty-five dollars nor more than fifty dollars for each 
and every violation of this section. 

169. Obscene or immoral pictures—penalty.] No person, firm 
or corporation, carrying on the business of bill posting, shall, within 
the limits of the city of Chicago, post or cause to be posted, so that the 
same can be seen from the streets, alleys or other public places of said 
city, any advertisement containing pictures or illustrations of an ob¬ 
scene or immoral character, under a penalty of not less than twenty- 
five dollars nor more than two hundred dollars for each and every of¬ 
fense. 

170. Revocation.] It shall be the duty of the mayor to revoke 
the license of any bill poster who may violate any of the provisions of 
this chapter, in addition to the penalties therein provided. 


CHAPTER XII. 


BLASTING. 

171. Blasting unlawful.] It shall be unlawful for any person or 
persons, corporation or corporations, to blast rock or stone within 
the corporate limits of the city of Chicago, except as herein provided. 

172. Permit required.] Any person or persons, corporation or 
corporations, desiring to prosecute the business of blasting rock or 
stone within the corporate limits of said city may apply to the mayor 
for permission to carry on said business, which permission shall be 
granted upon compliance by said person or persons with the provisions 
of this chapter. 

173. Bond.] Such person or persons, corporation or corporations, 
shall execute a bond to the city of Chicago, with good and sufficient 
sureties, to be approved by the mayor, in the penal sum of ten thou¬ 
sand dollars, conditioned to save the city harmless from any loss or 
damage which may accrue to any person by reason of such blasting 
of rock or stone; and further, that he, it, or they will fully and in all 
things comply with the requirements of this chapter, as well as of 
all ordinances which may hereafter be passed regulating or relating 
to said business. 

174. Covering ^blast.] ^ In all cases] J of blasting rock or 
stone within the city of Chicago, each blast, before firing it, shall be 
securely covered with chain aprons, brush, or other materials, to be 
placed over and around such charge, in such manner that all danger 
to persons and property shall be absolutely prevented. 

175. Notice of firing blast.] Three minutes’ notice before firing 
the blasts shall be given by displaying a red flag on a staff, not less 
than ten feet high, set in a conspicuous place within twenty-five feet 
of the point where the charge is placed, and also by calling out the 
words “a blast,” several times repeated, and loud enough to be dis¬ 
tinctly heard at a distance of two hundred feet from the point of dis¬ 
charge. 

176. Penalty.] Any person or persons who shall engage, aid, 
or assist in blasting any rock or stone within the corporate limits of 
said city, without having first given the security and gained the per¬ 
mission as in this chapter provided, or shall violate any of the pro¬ 
visions of this chapter, shall, upon conviction thereof, for each offense 
be fined in the sum of not more than one hundred dollars. 


CHAPTER XIII. 


BOATS. 


ARTICLE I. 

STEAM BOATS. 

177. License required.] No person, firm, or corporation shall 
use, keep, or let for hire, any steam vessel or steam pleasure boat, for 
the purpose of conveying or carrying passengers for hire in or about 
the harbor of the city of Chicago, without having first obtained a 
license for each and every such steam vessel or steam pleasure boat. 

178. License fee.] All applications for license shall be made to 
the mayor, and upon the payment of twenty-five dollars annually to 
the city collector, if the mayor shall consider such person or persons 
suitable and proper to be licensed, a license shall be issued by the city 
clerk; and the mayor may, for cause, revoke any or all such licenses. 

179. Penalty.] Every person, firm, or corporation who shall vio¬ 
late any of the provisions of this article shall be subject to a penalty 
of not less than ten dollars nor more than one hundred dollars for 
each and every offense. 


ARTICLE II. 

SAIL AND ROW BOATS. 

180. License required. J No person, firm, or corporation shallhire 
out, use, or keep for hire, or cause to be kept or used for hire, any 
sail or row boat within the limits of the city of Chicago without first 
having obtained a license for each and every such boat. 

181. License fee.] All applications for licenses shall be made to 
the mayor, and upon the payment to the city collector of five dollars 
for each sail boat and two dollars for each row boat, respectively, a 
license shall be issued by the city clerk, and the mayor may, for cause, 
revoke any or all of such licenses. 

182. Place of business.] All licenses so granted shall particu¬ 
larly designate the place where said boats shall be kept for hire, which 
place shall be fixed by the mayor, and no person or persons shall carry 
on said business at any other place than the one designated in such 
license. 


35 



36 


GENERAL ORDINANCES. 


183. Number on boats.] Every sail and row boat kept for hire 
shall have the number of the license of the owner thereof marked on 
the outer side of such boat, in plain, legible figures of not less than two 
inches in length and one-quarter inch in width. 

184. Minors.] No person within the city of Chicago, with or 
without license, shall let for hire, or loan, or allow any minor to use 
any sail boat or row boat upon Lake Michigan, without the written 
consent of the parent or guardian of said minor. 

185. Penalty.] Any person or persons who shall violate any of 
the provisions of this article shall be subject to a penalty of not less 
than ten dollars nor more than one hundred dollars for each and every 
offense. 





CHAPTER XIV. 


BREAD. 

186. Quality—weight.] All bread baked and offered or exposed 
for sale in the city of Chicago shall be made of good and wholesome 
flour or meal, and sold by avoirdupois weight under the supervision 
of the city sealer of the city of Chicago. 

187. Size of loaves—brand.] All bread shall be made into 
loaves weighing, on the first day on which they are exposed for sale, 
one or one and one-half pounds, two or two and one-half pounds, 
three or three and one-half pounds, four or four and one-half pounds, 
five or five and one-half pounds, or six pounds, avoirdupois weight, 
and to each such loaf shall be attached a label or tag plainly show¬ 
ing its weight and the firm name of the manufacturer thereof. 

188. Penalty.] If any baker or other person shall make for sale, 
offer or procure to be sold, any bread of any other than wholesome 
flour, or shall sell, or expose for sale, any bread contrary to the provis¬ 
ions of this chapter, such person shall be subject to a penalty of not 
more than ten dollars for each and every offense. 

189. Permit—register—penalty.] It shall not be lawful for any 
person to carry on the business or trade of a baker, or engage in 
making bread for others, either in person or by employing any other 
person to carry on said trade or business under his or her direction, or 
for his or her profit or benefit, within this city, without first having 
obtained from the mayor a permit for that purpose, and paying a fee 
of five dollars therefor, and having his, her or their name or names and 
place of business recorded in a book kept for that purpose in the city 
clerk’s office. Any violation of the provisions of this section shall be 
punished by a fine of not less than ten dollars, nor more than twenty- 
five dollars, and a further penalty of ten dollars for each and every 
day said violation shall continue. 

190. Entry to examine—seizure.] It shall be lawful for the 
superintendent of police, or any member of the department of police 
duly authorized by the superintendent, to enter, in the day time, into 
any house, store, shop, bake house, warehouse, or other building, 
where any bread is baked, stored or deposited, or offered for sale, and 
to search for, view, try and weigh all or any bread that shall be there 
found; and if, on any such search, there shall be found any bread 
made in violation of or contrary to any of the provisions of this chap¬ 
ter, any of the persons above named may seize such bread, and shall 
immediately enter complaint before some justice of the peace against 
the person or persons guilty of such violation. 

37 


GENERAL ORDINANCES. 


191. Bread seized—how disposed of.J Whenever any bread 
shall have been seized for a violation of any of the provisions of this 
article, the same shall be taken, immediately, to the office of the super¬ 
intendent of police, and there deposited and kept, to be used on the 
trial of the person or persons against whom complaint is made, and if 
he, she or they shall be convicted, such bread shall be delivered by said 
superintendent of police pro rata to the different charitable institutions 
of the city of Chicago, or to any organization created or formed for the 
relief of the poor in said city. 

192. Penalty for re-offer for sale.] Any person or persons to 
whom any such bread shall have been delivered up, or any other 
person who shall again offer or expose the same for sale, shall be 
subject to a penalty of not less than fifty dollars nor more than two 
hundred dollars. 

193. Biscuits, buns, etc.] The provisions of this chapter shall 
not apply to biscuits, buns, rolls, or fancy bread weighing less than a 
quarter of a pound. 


CHAPTER XV. 


BRIDGES. 

194. Driving 1 on after signal—penalty.] Any person or persons 
who shall drive or attempt to drive any team, wagon, dray or other car¬ 
riage, on or across the draw of any bridge in the city of Chicago, while 
the same is opening or shutting, or after the signal is given by the 
bridge-tender for the opening thereof and before the opening is begun, 
or who shall disobey or resist the tender thereof in his efforts to keep 
and promote order and equal convenience among those crossing the 
same, shall, for every offense, be fined in a sum not less than five dol¬ 
lars nor exceeding twenty-five dollars. 

195. Driving on faster than walk—penalty.] No person shall ride, 
lead, or drive any wagon, carriage, dray, cart, or other vehicle or con 
veyance, nor any horse, mare, ox, or other animal, on or across any 
of the bridges within the limits of Chicago at a faster gait or pace than 
a common walk; any person or persons who shall be guilty of a viola¬ 
tion of this section, shall, for each and every offense, forfeit and pay to 
said city a penalty of five dollars, to be recovered before any court hav¬ 
ing jurisdiction. 

196. Drove of cattle limited.] No person or persons shall drive or 
assist in driving on or across any of the bridges within the city, to ex¬ 
ceed eight head of cattle or horses, at any one time, in a drove; any 
person violating the provisions of this section shall forfeit and pay, for 
each offense, a penalty of not less than five dollars. 

197. Unnecessary delay.] If any person or persons shall un¬ 
necessarily or wilfully remain or stop with any team or teams, horses, 
oxen, wagon, sleigh, sled, or any other vehicle whatever, upon any 
of the bridges within the city of Chicago, in and upon the ap¬ 
proaches to any such bridge, such person or persons shall, on con¬ 
viction thereof, be fined in the sum of five dollars for each offense. 

198. Rule of the road.] It shall be the duty of all drivers or per¬ 
sons in charge of any wagon, dray, carriage, or vehicle of any kind 
to keep to the right when crossing the bridges upon the Chicago river 
and its branches. 

199. Order of crossing,] When a bridge has been opened and 
closed, the teams and vehicles shall cross in the following order, to-wit: 
Those occupying the street upon which the bridge is situated shall 
cross first; those occupying the cross streets, and upon the right hand 
side of the bridge, shall cross next, and those occupying the cross 
streets, and upon the left hand side of the bridge, shall cross next. 

200. Breaking line—penalty.] No person shall cross or attempt to 
cross, or break into, the line of teams or vehicles while crossing or 

39 


40 


GENERAL ORDINANCES. 


attempting to cross any bridge, nor shall any person disobey or resist 
any officer in charge of any bridge or crossing within said city; and 
whoever shall be guilty of violating any of the provisions of this, or 
either of the two foregoing sections, shall be liable to a penalty of not 
less than five nor more than twenty-five dollars. 

201. Obstruction—penalty.] No person or persons shall gather 
in assemblies or crowds on any of the bridges of this city, or the ap¬ 
proaches leading to the same, so as to obstruct in any manner the 
passage of foot passengers, teams, carriages, or persons across the 
same, or be and remain upon any of the sidewalks or main passages of 
any of the bridges of this city, nor upon the. railings of the said 
bridges, longer than will be necessary to pass over the same, under a 
penalty of five dollars for every such offense. 

202. Processions—break step.] No band of musicians shall play, 
or beat time, or keep step with each other, while they or any proces¬ 
sion, or body of persons marching with them, or any portion thereof, 
are upon or crossing any bridge in this city, nor shall any procession 
or body of persons keep step with each other while marching upon or 
crossing any such bridge, under a penalty, upon the leader or director 
of such band, and upon the leader or officers of such procession, of 
not less than five dollars nor more than twenty-five dollars. 

203. Fire apparatus crossing.] Whenever, at any alarm of fire, 
any fire engine, hose cart, or other fire apparatus shall approach any 
bridge, for the purpose of crossing the same toward such fire, the 
bridge-tender shall, if such bridge is open, close the same as soon as 
practicable; or if closed, and after the same is closed, keep it closed, 
until such engine, hose cart or other fire apparatus shall have had an 
opportunity to pass over said bridge, notwithstanding vessels may 
thereby be delayed, under a penalty for a failure to comply with this 
section of not less than ten dollars nor more than one hundred dollars. 

204. Vessel signals.] The commissioner of public works is hereby 
required to provide and maintain at the several bridges over the Chi¬ 
cago river and its branches, in the best and most practicable manner, 
vessel signals as required by this article. 

205. Signals prescribed.] Said signals shall be of material of a red 
color for use in the day time, and shall be of such size and so placed, 
when elevated, that they may be readily seen up and down the river. 
The signal for the night time shall be a red lantern of such size and so 
placed and arranged, when elevated, as to be easily seen up and down 
the river and the street. 

206. Duty of vessels.] It shall be unlawful for the owner or own¬ 
ers, officer or officers, or other person or persons in charge of any ves¬ 
sel or vessels navigating the Chicago river or its branches, or any part 
thereof, to attempt to pass any of the bridges over the said river or its 
branches while said signal or signals are up or elevated, or to approach 
nearer than the end of the bridge protection to any of said bridges, at 


BRIDGES. 


41 


such times, as that the same may be injured or damaged, or while the 
said bridges, or any of them, may be opening or closing. 

207. Bridge closed—hours.] No bridge within the city of Chi¬ 
cago, excepting on Sundays, shall be opened during the times herein 
specified: 

!• Across the main river and across the south branch of the Chicago 
river, from its junction with the main river and as far south as Twelfth 
street, including the latter, and across the north branch of the Chicago 
river at Kinzie street, between the hours of six and eight o’clock in the 
morning and five and seven o’clock in the evening. 

2. Across the north branch of the Chicago river, from Kinzie street, 
exclusive, to Halsted street, inclusive, and across the south branch of 
the Chicago river, from Twelfth street, exclusive, to Halsted street, 
inclusive, between the hours of six and seven o’clock in the morning 
and half-past five and half-past six in the evening. 

3. All other bridges between the hours of six and seven o’clock in 
the morning and six and seven o’clock in the evening. 

The provisions of this section are not to apply to “low bridges” or 
those under which tugs can not pass. 

208. Time to remain open.] During the hours between six o’clock 
in the morning and twelve o’clock midnight, it shall be unlawful to 
Keep open any bridge within the city of Chicago for the purpose of per¬ 
mitting vessels or other craft to pass through the same, for a longer 
period, at any one time, than ten minutes, at the expiration of which 
period it shall be the duty of the bridge-tender or other person in 
charge of the bridge to display the proper signal and immediately close 
the same, and keep it closed for fully ten minutes for such persons, 
teams, or vehicles as may be in waiting to pass over, if so much time 
shall be required, when the said bridge shall again be opened (if neces¬ 
sary for vessels to pass) for a like period, and so on alternately (if neces¬ 
sary) during the hours last aforesaid; and in every instance where any 
such bridge shall be opened for the passage of any vessel, vessels or 
other craft, and closed before the expiration of ten minutes from the 
time of opening, said bridge shall then, in every such case, remain 
closed for fully ten minutes, if necessary, in order to allow all persons, 
teams, and vehicles in waiting to pass over said bridge; Provided, this 
section shall not be construed as being in conflict with section 207 
hereof, nor as requiring the opening of the bridges during the time 
specified in said section for the same to remain closed; Provided, how¬ 
ever, that all vessels having passed through State street bridge going 
out previous to closing the bridges for two hours, morning and even¬ 
ing, be permitted to pass through Rush street bridge out to the lake. 

209. Open for vessels—ten minutes.] Bridge tenders or persons 
in charge of the bridges shall not close the same against vessels seeking 
to pass through until passengers, teams or vehicles have been delayed 
fully ten minutes by the bridge being open. 


42 


GENERAL ORDINANCES. 


210. Bridge-tender—penalty.) Any bridge-tender orother person 
or persons in charge of any bridge within the city, who shall violate 
any provision of this chapter, shall be subject to a penalty of not less 
than twenty-five dollars nor more than one hundred dollars, and on 
conviction shall be immediately removed from office. 

211. Penalty.) Any person or persons who shall violate any pro¬ 
vision of this chapter, where no other penalty is imposed, shall be sub¬ 
ject to the penalty of not less than ten dollars nor more than fifty dol¬ 
lars for each and every such violation. 

212. Harbor-master’s duty.] It shall be the duty of the harbor¬ 
master, so far as in his power, to see that the provisions of this chapter 
are fully and faithfully observed, and, when necessary, he shall call on 
the superintendent of police for aid to enable him to do so. 


CHAPTER XVI. 


BROKERS. 

213. License required—fee.) It shall be unlawful for any per¬ 
son, firm, corporation or association in the city of Chicago to engage 
in the business or act in the capacity of a broker, including real estate 
brokers and insurance brokers, without first obtaining a license there¬ 
for and paying a license fee in the sum of twenty-five dollars per an¬ 
num, the issuance of such license to be regulated by the general ordi¬ 
nances now or hereafter in force. 

214. Broker defined.] A broker is one who, for commission or 
other compensation, is engaged in selling or negotiating the sale of 
goods, w r ares, merchandise, produce or grain belonging to others. 

215. Real estate broker defined.] A real estate broker is one 
who, for commission, or other compensation, is engaged in the selling 
of, or who negotiates sales of, real estate belonging to others, or ob¬ 
tains or places loans for others on real estate. 

216. Insurance broker defined.] An insurance broker, within 
the meaning and intent of this chapter, shall include any and every 
person, firm, corporation or association engaged in soliciting, procur¬ 
ing or placing for a consideration received, or to be received, insurance 
on lives, or on buildings, vessels or other property, either directly or 
through any other broker or through any insurance agent, in or with 
any insurance company or association other than an insurance com¬ 
pany or association of which such person, firm, corporation or asso¬ 
ciation soliciting, procuring or placing the insurance in any case shall 
be the duly authorized agent. 

217. Penalty.] Any person, corporation or association violating 
any of the provisions of this chapter shall, upon conviction thereof, be 
fined not less than twenty-five dollars nor more than two hundred dol¬ 
lars for each offense. 


43 


CHAPTER XVII. 


BUILDINGS. 

218. Department created.] There is hereby established an ex¬ 
ecutive department of the municipal government of the city of Chi¬ 
cago, which shall be known as the department of buildings, and shall 
embrace a commissioner of buildings, a deputy commissioner of build¬ 
ings, a secretary to the commissioner, also such inspectors of elevators, 
inspectors of fire escapes, and inspectors of buildings and such other 
assistants and employes as the city council may, by ordinance, pre¬ 
scribe and establish. 

219. Commissioner of buildings.] There is hereby created the 
office of commissioner of buildings who shall be the head of said de¬ 
partment of buildings, and shall be an experienced architect, civil en¬ 
gineer, or builder, and who shall not be engaged in any other business 
while acting as such commissioner. He shall hold his office for the 
term of two years and until his successor shall be appointed and quali¬ 
fied. He shall be appointed by the mayor, by and with the advice and 
consent of the city council, on the first Monday in May, 1897, or a* 
soon thereafter as may be, and biennially thereafter. 

220. Bond—approval of.] Said commissioner, before entering 
upon the duties of his office, shall execute a bond to the city of Chi¬ 
cago, in the sum of twenty-five thousand dollars ($25,000), with such 
sureties as the city council shall approve, conditioned for the faithful 
performance of the duties of his office. 

221. Powers—subordinate officers—bonds.] He shall have 
the management and control of all matters and things pertaining to the 
department of buildings, and shall appoint, by and with the consent of 
the mayor, all subordinate officers and assistants named in the first sec¬ 
tion of this chapter, and may remove them for inefficiency or neglect 
of duty. All subordinate officers, assistants, clerks and employes in 
said departments shall be subject to such rules and regulations as shall 
be prescribed, from time to time, by said commissioner. Said com¬ 
missioner shall require good and sufficient bonds to be given by all 
subordinate officers and employes in said department who shall receive, 
or have the care, custody or handling of any money belonging to the 
city of Chicago, and said bonds shall be approved by the mayor and 
comptroller. 

222. Commissioner’s duty.] Said commissioner shall enforce all 
ordinances relating to the erection, construction, alteration, repair, re¬ 
moval or the safety of buildings. 

223. Fire—prevention .] It shall be the duty of said commis¬ 
sioner, when any citizen represents that ashes or combustible materials 


44 


BUILDINGS. 


45 


are kept in any place in the city in an insecure manner, or that the 
doors or stairways in any factory or workshop or other place of em¬ 
ployment are insufficient for the escape of employes in case of fire, 
panic or accident, or that the funnels, flues, fire boxes or heating ap¬ 
paratus in any building in the city are insecure or dangerous, or that 
any part of any building in the city of Chicago is in an unsafe or dan¬ 
gerous condition, or in any wise in contravention of this chapter, to 
make an examination of such place or building and, if such representa¬ 
tion is found to be true, said commissioner shall give notice in writing 
to the owner or lessee of such place or building to make such changes, 
alterations or repairs as public safety or the ordinances of the city of 
Chicago may require; and it shall be unlawful to continue the use of 
such building until the changes, alterations or repairs, found neces¬ 
sary by the commissioner of buildings to make said building or part 
thereof safe, or to bring it into compliance with the provisions of this 
, chapter, shall have been made. 

224. Removal of combustible materials.] He shall inquire 
and examine into all buildings and other places where ashes, shavings 
or other combustible materials may be stored, collected or deposited, 
and cause the prompt removal of the same, whenever, in his opinion, 
the same, if not removed or otherwise disposed of, will expose the city 
to danger of fires. And in every such case the commissioner shall di¬ 
rect the tenant or occupant of the building or place to remove or oth¬ 
erwise safely dispose of such ashes, shavings or other combustible ma¬ 
terials; and in case such tenant or occupant shall refuse so to do, the 
said commissioner shall cause the same to be removed at the expense 
of said tenant or occupant. 

225. Inspection’of buildings.] C_He shall inspect or cause to be 
inspected all public school buildings, public halls, churches, theaters 
and all buildings used either for manufacturing or commercial pur¬ 
poses, also all hotels, apartment houses and other buildings occupied 
by large numbers of people, for the purpose of determining the safety 
of such buildings, or any parts or appliances or equipment thereof, the 
sufficiency of their doors, passage ways, aisles and stairways, and 
generally their facilities for egress in case of fire or other accident; 
the strength of their floors, their safeguards connected with the stor¬ 
age of combustibles, their appliances for extinguishing fires and for 
resisting the spread of fire, and shall make returns of all violations 
of the several provisions of this chapter to the law department for 
prosecution. 

226. Eminent domain — plat — building permit.] Hereafter, 
upon the passage of an ordinance providing for the taking of any pri¬ 
vate property for public use, the commissioner of public works shall, 
at once, cause a plat of the property proposed to be taken to be made 
and file the same in the office of the commissioner of buildings. The 
commissioner of buildings is hereby instructed not to issue any permit 
for the erection or improvement of any building or buildings in or 


46 


GENERAL ORDINANCES. 


upon any of the property proposed to be taken by any ordinance as 
aforesaid, until such ordinance shall have been repealed. 

227. Jurisdiction.] Said commissioner shall have full power to 
pass upon any question arising under the provisions of this chapter re¬ 
lating to the manner of construction, subject to the conditions, modi¬ 
fications and limitations contained in this chapter. 

228 . Elevator—hoistway. J He shall have power to prohibit 
and stop the use of any passenger or freight elevator when the inspec¬ 
tor of elevators shall report to him that the elevator or the hoistway 
in which it is used is in a dangerous or unsafe condition. And such 
prohibition of use shall continue in force until such hoistway or ele¬ 
vator, or both, shall have been put in safe condition and certified to 
be safe, after a proper inspection thereof by the inspector of elevators. 

229 . Precautionary measures—tearing down.] He shall have 
authority, if he finds any building or part thereof in such condition as 
to endanger life and finds that such danger may be averted by the im¬ 
mediate application of precautionary measures, to cause such precau¬ 
tionary measures to be taken and to do all work necessary to render 
said building or any part thereof safe, having first served writ¬ 
ten notice upon the owner, lessee, occupant or agent of said building 
personally. He shall, also, have authority to direct the fire depart¬ 
ment, after written notice has been served upon the owner, lessee, oc¬ 
cupant or agent personally, to tear down any defective or dangerous 
wall, or any building, or any part thereof, which may be constructed 
in violation of the terms of this chapter. 

230. Rules and regulations for building.] He shall institute such 
measures and prescribe such rules and regulations as shall secure the 
careful erection and inspection of all buildings while in process of con¬ 
struction, alteration, repair or removal, and the strict enforcement of 
the several provisions of this chapter. 

231. Stop construction, when—notices, fees, record.] Said com¬ 
missioner shall have power to stop the construction of any building 
or the making of any alterations or repairs of any building within 
said city when the same is being done in a reckless or careless manner, 
or in violation of any ordinance of said city, and to order, in writ¬ 
ing or by parol, any and all persons in any way or manner whatever 
engaged in so constructing, altering or repairing any such building, 
to stop and desist therefrom. He shall sign all certificates and notices 
required to be issued from said department, and keep a record of the 
same, and issue all permits and collect all fees authorized herein to be 
collected by said department. 

232. Record of transactions—inspection of.] Said commis¬ 
sioner shall keep in proper books for that purpose a register of all 
transactions of the department of buildings, which said books shall be 
open to the inspection of the mayor, comptroller, superintendent of 
police, fire marshal and members of the city council at all times. 

233. Fees, account of.] Said commissioner shall keep, in proper 


BUILDINGS. 


47 


books for that purpose, an accurate account of all fees paid, giving the 
name of the party, date and amount of such fee or fees. 

234. Monthly report.] He shall on the first day of each month 
render a report, under oath, to the city comptroller, of the number of 
building permits issued, with the amounts collected for the same, num¬ 
ber of elevator certificates issued, with the amounts collected for the 
same, and with said report shall file a duplicate receipt from the city 
collector of the moneys thus collected. 

235. Annual reports.] He shall annually, on or before the first 
day of February, in each year, prepare and present to the city coun¬ 
cil a report showing the receipts and expenditures and entire work 
of his department during the previous fiscal year, and he shall, at the 
same time, send to the comptroller a full and comprehensive state¬ 
ment of all matters pertaining to his department, together with an 
estimate in detail of the appropriations required by the department 
during the next municipal year. 

236. Salary.] The salary of the commissioner of buildingsshall 
be five thousand dollars per year. 

237. Deputy commissioner—qualification—duty.] The deputy 

commissioner of buildings to be designated by the commissioner shall 
be a competent civil engineer, a graduate of a school of civil engineer¬ 
ing, and of at least four years’ experience in architectural work, who 
shall pass upon all questions relating to the strength and stability of 
buildings, and who shall act as commissioner of buildings, in case of 
the absence of the commissioner from his office, and, while so acting, 
shall discharge all the duties and possess all the powers invested in or 
imposed upon the commissioner of buildings. 

238. Salary.] The salary of the deputy commissioner of build¬ 
ings shall be three thousand dollars per annum. 

239. Secretary.] The commissioner of buildings shall appoint 
a secretary whose duty it shall be to preserve and keep all books, rec¬ 
ords and papers belonging to said office, or which are required by law 
to be filed therein. The secretary shall deliver to the city council and to 
the respective departments all communications from said commissioner 
in writing and shall attend in the office of said department during the 
usual business hours, and do and perform such of the services as may 
be required by said commissioner. 

240. Inspectors of buildings—qualifications.] The inspectors of 
buildings shall be competent men, either architects, civil or mechanical 
engineers, masons, iron workers, carpenters, bricklayers, or stone cut¬ 
ters, who have served at least five years as such, not including the term 
of their apprenticeship. They shall be men of good character, able to 
make out with clearness written reports, and no person shall be ap¬ 
pointed as inspector of buildings who is deficient in these qualifica¬ 
tions. Before their appointment to office they shall pass an ex¬ 
amination as to their ability and fitness before a committee of five 
examiners to be appointed, one by the Builders and Traders Ex¬ 
change, one by the Building Trades Council, one by the Under- 


48 


GENERAL ORDINANCES. 


writers Association, one by the Illinois Chapter of the American In¬ 
stitute of Architects, and the commissioner of buildings shall be 
chairman of such examining committee. A majority of said com¬ 
mittee shall sign a certificate as to the applicant’s competency to per¬ 
form all the duties of the office, and, if appointed, he shall not be en¬ 
gaged in any other business or vocation but that of inspector of build¬ 
ings. 

241. Inspectors’ duty.] The said inspectors shall, under the di¬ 
rection of the commissioner of buildings, examine all buildings in the 
course of erection, alteration, repair or removal throughout the city, at 
least once a week, or as often as required for securing efficient super¬ 
vision, and shall make written reports to said commissioner of all vio¬ 
lations of any ordinance or ordinances of the city, which the depart¬ 
ment of buildings is required to enforce, together with the street and 
number where such violations are found, the names of the owner, 
agent, lessee, occupants, architect, contractors and master mechan¬ 
ics, and of all other matters relative thereto, as far as they can ascer¬ 
tain the same. 

242. Daily report.] The inspectors of buildings shall file daily 
reports of their work of inspection, which shall be entered in books 
to be kept for that purpose and which shall be open to official in¬ 
spection at all times. 

243. Building damaged or dangerous.] The said inspectors shall 
examine all buildings and walls reported dangerous or damaged by fire 
or accident, and make a record of such examination, with the name of 
the street and number of the building and of the names of the owner, 
agents, lessees and occupants thereof. 

244. Building, raising^or altering.] Said inspectors shall ex¬ 
amine all buildings for which an application to raise, enlarge or alter 
has been made, and shall make a written report upon the condition of 
the same to the commissioner of buildings. 

245. General duties.] Said inspectors shall perform such other 
duties as may be required of them by said commissioner of buildings, 
the rules and regulations of the department of buildings or the ordin¬ 
ances of the city. 

246. Inspectors of elevators.] The inspectors of elevators shall 
be experienced architects, engineers, builders or mechanics, and shall, 
before appointment, pass examination the same as the building in¬ 
spectors, and shall not be employed or engaged in any other business 
or vocation. 

247. Duties.] They shall, as often as once in six months, carefully 
examine and inspect each hoistway, in which an elevator is used or 
operated, and the doors and shafts in connection therewith; and, also, 
examine and inspect all passenger and freight elevators, cars or plat¬ 
forms used and operated in any building in the city of Chicago, except¬ 
ing only buildings of Class III, hereinafter referred to, and shall re¬ 
port, in writing, to the commissioner of buildings the condition of each 


BUILDINGS. 


49 


hoistway and elevator, and shall enter such reports in books kept for 
that purpose which shall be open to official inspection 

248. Elevator inspection fee.] The owners, agents or occupants 
of all buildings in which elevators are used shall pay to the commis¬ 
sioner of buildings, before a certificate of inspection is issued to him or 
them, a fee of two dollars for each inspection of each elevator made in 
pursuance of this chapter. 

249. Inspection certificate.] When an inspector finds a hoist- 
door, shaft and elevator in a perfectly safe condition he shall make 
and deliver to the owner, or to his or her agents, a certificate signed by 
the commissioner, which shall contain the date of inspection, the 
condition of the elevator at that date, the weight it may safely carry, 
and that the shaft and doors are constructed in a safe and proper 
manner, or are constructed in accordance with the provisions of this 
chapter, which certificate shall be, by the owner of the elevator, framed 
and put up in some conspicuous place in such elevator, for examination 
by the public: Provided, that the words “safe condition” in this sec¬ 
tion shall mean that it is safe for any load up to its original safe 
capacity. 

250. General duties.] m The inspector of elevators shall perform 
such other duties as may be required of him by the commissioner of 
buildings, the rules and regulations of the department of buildings, and 
the ordinances of the city. 

251. Power of entry.] The commissioner and deputy commis¬ 
sioners of buildings, as well as the inspectors of buildings and of ele¬ 
vators, are empowered to enter any building, whether completed or in 
process of erection, for the purpose of determining whether the same 
has been or is being constructed in accordance with the provisions of 
this chapter, and it shall not be lawful to exclude them from such build¬ 
ings. This is not, however, intended to give them access to any part 
of any building of Class III. 

252. Discretionaryj t powers—arbitration.] In cases where dis¬ 
cretionary power to estimate damage to frame buildings and their roofs 
is given the commissioner of buildings, and in questions relating to 
the security or insecurity of buildings or parts thereof, and in all other 
cases where discretionary powers are, by this chapter, given to the 
commissioner of buildings, an appeal to arbitration shall be allowed 
to parties believing themselves injured or wronged by the decision of 
the commissioner of buildings, as follows, to wit: The persons wish¬ 
ing to make such appeal shall do so within three days after written 
notice of the decision or order of the commissioner of buildings has 
been given them. An appeal made later than three days after serving 
of the notice of the commissioner of buildings shall not entitle the 
appellant to an arbitration. The request for arbitration shall be in 
writing and shall state the object of the proposed arbitration and the 
name of the person who is to represent the appellant as arbitrator. 
The commissioner of buildings shall thereupon state to the appellant 

4 


50 


GENERAL ORDINANCES. 


the cost of such arbitration and such appellant shall, within twenty- 
four hours from the time of filing the original request for arbitration, 
deposit with the commissioner of buildings the sum of money required 
for defraying the expenses of the same, which sum shall in each case 
be fixed by said commissioner in proportion to the difficulty and im¬ 
portance of the case, but shall, in no case, be more than the cost of 
similar service in the course of ordinary business of private individuals 
or corporations. As soon as such sum of money shall have been de¬ 
posited with him, the commissioner of buildings shall appoint an arbi¬ 
trator, to represent the city, and the two arbitrators thus appointed 
shall, if they can not agree, select a third arbitrator, and these arbitra¬ 
tors shall, after investigating the matter in question, make a decision 
with regard to the same, which shall be final and binding upon the ap¬ 
pellant as well as upon the city. The arbitrators shall themselves, be¬ 
fore entering upon the discharge of their duties, be placed under oath 
to the effect that they are unprejudiced as to the matter in question and 
that they will faithfully discharge the duties of their position. They 
shall have the power to call witnesses and place them under oath, and 
their decision or award shall be rendered in writing, both to the com¬ 
missioner of buildings and to the appellant. The fee deposited by the 
appellant with the commissioner of buildings shall be paid by said 
commissioner to the arbitrators upon rendering their report, and shall 
be in full of all costs incident to the arbitration, but, should the 
decision of said board of arbitration be rendered against the com¬ 
missioner of buildings, then the money deposited by the appellant 
shall be returned to him and the entire costs of said arbitration shall be 
paid by the city of Chicago. Whenever the decision of the commis¬ 
sioner of buildings upon the safety of any building, or any part thereof, 
is made in a case so urgent that failure to promptly carry out his orders 
to demolish or strengthen such building, or part thereof, may endanger 
life and limb, the decision and order of the commissioner of buildings 
shall be absolute and final: Provided, if in the opinion of the commis¬ 
sioner of buildings it becomes necessary to demolish any building or 
part thereof, said commissioner of buildings shall call to his aid the 
president of the Illinois Chapter of the American Institute of Archi¬ 
tects and the president of the Builders and Traders Exchange of Chi¬ 
cago, or their appointees, who, with the commissioner of buildings, 
shall form a board of arbitration, and the decision of a majority of 
said board shall be absolute and final. Said board of arbitration shall 
serve without pay and must report within forty-eight hours after their 
appointment; it is expressly provided, however, that said board of arbi¬ 
tration shall not have authority or power in cases of walls or buildings 
destroyed by fire, explosion or similar causes, and that the decision 
of the commissioner of buildings in such cases shall be absolute and 
final. 


BUILDINGS. 


51 


PERMITS AND PRIVILEGES. 

253. Building permits.] Before proceeding with the erection, en¬ 
largement, alteration, repair or removal of any building in the city of 
Chicago, a permit for such erection, enlargement, alteration, repair or 
removal shall first be obtained by the owner or his agent, from 
the commissioner of buildings, and it shall be unlawful to proceed with 
the erection, enlargement, alteration, repair or removal of buildings 
or of any structural part thereof, or of any structure which is to be used 
for the support, shelter or enclosure of persons, animals or chattels 
within the city of Chicago, unless such permit shall first have been ob¬ 
tained from the commissioner of buildings. If, after a permit for the 
erection, enlargement, alteration, repair or removal of a building shall 
have been granted, the operations called for by the said permit shall 
not be begun within six months of the date thereof, or if such opera¬ 
tions are not completed within the time fixed in said permit for the 
duration thereof, then said permit shall be void, and, before such oper¬ 
ations can be begun or completed, a new permit shall be taken out by 
the owner or his agent, and fees, as herein fixed for the original per¬ 
mit, shall be paid therefor. 

254. Permit, application for—mode of issue.] Applications for 
permits shall be made in writing by the owner or his agent and shall 
state clearly and fully the work contemplated to be done, and shall be 
made upon forms or blanks to be issued for that purpose by the com¬ 
missioner of buildings, and such applications shall remain on file with 
the department of buildings. In all cases drawings and specifica¬ 
tions sufficient to enable the commissioner of buildings to obtain full 
and complete information as to the extent and character of the work to 
be done, and the time to be occupied in doing it, shall be presented 
with such application. If the matters mentioned in any application for 
a permit, or if the plans and specifications accompanying and illus¬ 
trating the same, indicate to the commissioner of buildings that the 
work to be done is not, in all respects, in accordance with the pro¬ 
visions of this chapter, he shall refuse to issue a permit until such ap¬ 
plication, plans and specifications shall have been made to conform in 
every respect to the provisions hereof, and, when such application, 
plans and specifications conform to the provisions of this chapter, the 
commissioner of buildings shall issue a permit, file said application and 
apply to such plans and specifications an official stamp stating that the 
drawings and specifications to which the same have been applied, com¬ 
ply with the provisions of this chapter. The plans and specifications 
so stamped shall then be returned to such applicant. True copies of so 
much of said plans and specifications as may be required, in the opin¬ 
ion of the commissioner of buildings, to illustrate the features of con¬ 
struction and equipment of the building shall be filed with the com¬ 
missioner and shall remain on file in his office until the completion or 
occupation of said building, after which said drawings and specifica¬ 
tions shall be returned by the commissioner to the parties by whom 


52 


GENERAL ORDINANCES 


they were deposited, upon the demand of said person or persons. It 
shall not be obligatory upon the commissioner of buildings to retain 
such drawings in his custody for more than three months after the 
completion or occupation of the building. 

255. Deviation from plans approved.] It shall be unlawful to 
erase, alter or modify any lines, figures or coloring contained upon 
such drawings or specifications so stamped by the commissioner of 
buildings or filed with him for reference. If, during the progress of 
the execution of such work, it is desired to deviate in any manner 
affecting the construction or other essential of the building from the 
terms of the application, drawing or specification, notice of such inten¬ 
tion to alter or deviate shall be given in writing to the commissioner 
of buildings and his written assent must first be obtained before such 
alteration or deviation shall be made. Alterations in buildings, which 
do not involve any change in their structural parts or of their stair¬ 
ways, elevators, fire escapes or other means of communication, or in¬ 
gress or egress, may be made without the permission of the commis¬ 
sioner of buildings. 

256. Permit, prerequisites of issue.] Before the commissioner 
of buildings shall issue a permit, as aforesaid, he shall first satisfy him¬ 
self that the applicant for such permit has made payment to the water 
department of the city of Chicago for the water to be used in such 
building, or for the water meter for measuring all the water to be used 
in the construction of such building, according to the regulations 
of the water department. He shall, also, before issuing such permit, 
satisfy himself that the applicant for the same has filed with and had 
approved by the commissioner of public works of the city, an indem¬ 
nifying bond protecting the city against any and all damage that may 
be done to the streets or alleys upon which such building is situated, 
and also to life and limb of passers by, in consequence of the proposed 
operations to be covered by said permit. 

257. Permit fees.] The fees to be paid for permits for the erec¬ 
tion of buildings shall be as follows, to wit: 

For the water to be used in connection therewith at the rate of five 
cents for every one thousand bricks, wall measure, used in the con¬ 
struction of the building; also, 

At the rate of six cents for every one hundred cubic feet of rubble 
stone used in connection therewith; also, 

At the rate of eight cents for every one hundred cubic feet of con¬ 
crete used in connection therewith; also, 

At the rate of fifteen cents for every one hundred yards of plastering 
used in connection therewith; and 

At the rate of five cents for every one hundred cubic feet of hollow 
tile arch, partition or fireproof covering used in any building. 

Permits for the obstruction of streets shall be paid for, in pro¬ 
portion to the street frontage occupied, at the rate of three dollars 
per month for each twenty-five feet of frontage so occupied. 


BUILDINGS. 


53 


258. Building permits proper—fees.] The fees to be paid for 
building permits proper shall be as follows: 

For raising and repairing buildings, one dollar. 

For sheds not exceeding two hundred and fifty-six square feet in 
area, one dollar. 

For open shelter sheds at the rate of fifty cents for each one thou¬ 
sand cubic feet or part thereof. 

For buildings one story in height and not exceeding 25x40 feet in 
area, one dollar and fifty cents. 

For buildings more than one story in height or larger in area than 
25x40 feet, the fee for the permit shall be at the rate of ten cents for 
every one thousand cubic feet or fractional part thereof contained in 
said structure, the cubic contents being measured to include every part 
of the building from the basement floor to the highest point of roof, 
and all bay windows and other projections. 

259. Street occupation.] The extent of occupation of sidewalk 
and street, to be covered by the terms of a permit for street ob¬ 
struction or building, shall be as follows: Such permit shall not author¬ 
ize the occupation of any sidewalk or street or part thereof other than 
that immediately in front of the premises of the building upon which 
said permit is issued. During the progress of building operations, at 
least one-third of the sidewalk in front of the premises of the building 
for which such permit is granted, shall, at all times, be kept free and 
unobstructed, for the purposes of passage, and clear of rubbish, dirt 
and snow. Such sidewalks must, if there are excavations on either 
side of the same, be protected by substantial railings which shall be 
built and maintained thereon so long as such excavations continue to 
exist. It is not intended hereby to prohibit the maintenance of a 
driveway for the delivery of material across such sidewalk from the 
curb line to the building site. 

260. Elevated sidewalks—storage of material.] Temporary 
sidewalks may be elevated, not to exceed four feet above the curb 
level of the street, for the purpose of delivering materials in the base¬ 
ments of buildings, and, when so elevated, shall be provided with good 
and substantial steps, on both ends of the same, and shall have railings 
as before specified on both sides thereof. If the building to be erected 
is more than four stories in height, and is set at or near the street line, 
there shall be built over such sidewalk a roof having a framework and 
covering, composed of supports and stringers of 3x12 timbers not 
more than eight feet from centers, covered by two layers of two-inch 
plank. Said roof shall be maintained as long as material is being 
used or handled on said street front and above the level of such side¬ 
walk. In all cases, such temporary sidewalks and their railings and 
approaches and the roofs over the same shall be made, as regards ease 
of approach, strength and safety, to the satisfaction of the commissioner 
of buildings. The occupation of the street for the storage of building 
materials shall never exceed, in front of any one building, one-quarter 


54 


GENERAL ORDINANCES. 


of the width of the roadway of the same, and in streets containing rail¬ 
road tracks, such occupation shall not exceed one-half the distance from 
the curb stone to such railroad track. Earth taken from excavations 
and rubbish taken from buildings must not be stored either upon side¬ 
walk or roadways of streets and must be removed, from day to day, as 
rapidly as produced. Where dry rubbish is apt to produce dust, it 
must be kept wet, so as to prevent it from being blown by the wind. 

261. Derrick on sidewalk.] Materials for buildings more than 
four stories in height shall be hoisted entirely within the enclosing 
walls thereof. Derricks used for such purposes shall not be set upon 
the sidewalk. 

262 . Roadway occupation.] If the written consent and waiver of 

claims for damages against the city of Chicago is first obtained from 
the owners of properties abutting upon the site of any proposed build¬ 
ing, and is filed with the commissioner of buildings, the permission to 
occupy the roadway and the sidewalk may be extended beyond the 
limits of such building upon the same terms and conditions as those 
herein fixed for the occupation of the sidewalk and street in front of the 
premises of such building. 

263. Unlawful occupation of street.] The permission to occupy 
streets and sidewalks for purposes of building is intended only for 
use in connection with the actual erection, repair, alteration or re¬ 
moval of buildings, and must terminate with the completion of such 
operation. It shall be unlawful to occupy any sidewalk or street after 
the completion of the operation for which a permit has been issued by 
the department of buildings. It shall, also, be unlawful to occupy a 
sidewalk or street, under authority of- such permit, for the storage of 
articles not intended for immediate use in connection with the opera¬ 
tions for which such permit has been issued. 

264. Danger—warning of.] Red lanterns shall be displayed and 
maintained during the whole of every night at each end of every pile of 
material in any street or alley and at each end of every excavation. 

LOCATION OF HOSPITALS, LIVERY STABLES, ETC. 

265. Hospital—consent of residents—location of.] It shall be 
unlawful to erect, establish, build, construct or maintain any hospital 
for the treatment and nursing of any person or persons, affected with 
any disease whatever, on any residence street or avenue in the city of 
Chicago until there be first obtained the written consent of the owner 
or owners of at lease three hundred feet of frontage, on the opposite 
avenue, on each side of and adjoining such hospital or hospital site. 
Nor shall it be lawful for such person, firm, company or corporation to 
erect, establish, build, construct or maintain any hospital for the treat¬ 
ment or nursing of any person or persons, affected with any con¬ 
tagious disease, on any street or avenue until there be first obtained the 
written consent of the owner or owners of at least one hundred and 


BUILDINGS. 


55 


fifty feet of frontage on such street or avenue, on each side of and ad¬ 
joining and nearest to such hospital or hospital site, and of the owner 
or owners of at least three hundred feet of frontage, on the opposite 
side of said street or avenue and nearest opposite said hospital. Such 
written consent shall be filed with the commissioner of buildings be¬ 
fore any permit shall be granted for the construction or erection of any 
building for such hospital. 

266. Stable—gas house or reservoir—paint, oil or varnish 
works.] It shall not be lawful for any person to locate, build, 
construct or keep in any block of any street, in which block two-thirds 
of the buildings, on both sides of the street, are devoted to exclusive 
residence purposes, a livery, boarding or sale stable, gas house, gas 
reservoir, paint, oil or varnish works within two hundred feet of 
such residence, on either side of the street, unless the owners of 
a majority of the lots in such block, fronting or abutting on the 
street, consent in writing to the location or construction of such 
livery stable, gas house, gas reservoir, paint, oil, or varnish works 
therein. Such written consent of the property owners shall be filed 
with the commissioner of buildings before a permit ishall be granted 
for the construction or keeping of such livery stable, gas house, gas 
reservoir, paint or varnish works. 

267. Residences only—exceptions.] If all the buildings on both 
sides of the street in any particular block are calculated to be and are 
used exclusively for residence purposes, and more than one-half of the 
frontage on both sides of the street in such block is thus improved, it 
shall not be lawful for any person to construct in such block, on either 
side of the street, any building intended or calculated to be used for any 
other than residence purposes only; and the commissioner of buildings 
shall not grant a permit for any building in such block for other than 
residence purposes only, unless the owners of the majority of the front¬ 
age upon which buildings have been erected in such block and, also, 
the owners of the majority of the vacant lots fronting or abutting on 
both sides of the street in such block, give their consent in writing to 
the construction of such building. 

ALTERATION AND REMOVAL OF BUILDINGS. 

268. Wooden buildings—alteration.] Permits to alter or raise 
wooden buildings may be issued, provided they do not involve an 
enlargement or raising of such buildings beyond the limits of di¬ 
mensions herein prescribed for frame buildings, and the strains upon 
the material thereof are kept within the maximum strains hereby fixed 
for the same; and provided further, said wooden building has not been 
damaged to any extent greater than fifty per cent, of its original value 
by fire, wear and tear, action of the elements or otherwise. 

269. Wooden building—removal.] Permits to move wooden 
buildings, provided they have not been damaged to an extent greater 
than fifty per cent, of their original value by fire, wear and tear, action 


56 


GENERAL ORDINANCES. 


of the elements or otherwise, may be issued upon compliance with the 
following conditions: Any person desiring to move a wooden building 
shall first obtain the written consent of the owner or owners of a ma¬ 
jority of the frontage of lots on the same side of the street of the block 
in which it is proposed to locate such removed building and, also, a 
majority of persons owning the frontage opposite the proposed location 
and within one hundred and fifty feet of the same. And such person 
shall, also, file an affidavit, subscribed and sworn to by one or more 
persons in the following form, as near as may be, viz.: 

State of Illinois, ) 

County of Cook. J 

.and.each being duly sworn on oath, deposes and says, each 

for himself, that he was present and saw the persons whose names are 
subscribed to the above petition, sign the same and that each and every 
one of said persons claimed, at the time of said signature, that they 
were the owners of the property placed opposite their respective names 
in the above petition, or the attorneys or agents of the owners, with full 
authority to sign and act for them. Subscribed and sworn to before 
me this .day of.A. D. 18.... 

This section shall not apply to the case of any person removing a 
building upon his own premises and not going upon the premises of 
any other person, or upon any street, alley or other public place, in 
making such removal. 

270. Buildings, removal of—house mover’s license.] No person 
except a licensed house mover, shall remove any building within the 
limits of the city; and every such person shall, annually, before en¬ 
gaging in said occupation, obtain a license therefor from the mayor, 
and no such license shall be granted until the party applying therefor 
shall have given a bond in the sum of five thousand dollars, with good 
and sufficient sureties, to be approved by the commissioner of public 
works, conditioned among other things, that said party will pay any 
and all damages which may happen to any pavement, street or side¬ 
walk, or to any telegraph pole or wire belonging to the city of Chicago, 
or to any tree or trees, whether said damage or injury shall be inflicted 
by said party or his agents, employes or workmen, and conditioned, 
also, that said party will save and indemnify and keep harmless the city 
of Chicago against all liabilities, judgments, costs and expenses, which 
may in any wise accrue against said city in consequence of the grant¬ 
ing of such permit or license, and will, in all things, strictly comply 
with the conditions of his permit. Upon the execution of said bond 
and its acceptance by said commissioner, a license shall be issued, 
and the said licensed person shall, in each and every instance, before 
removing any building, obtain a permit to do so from the commis¬ 
sioner of public works, and shall pay to said commissioner a fee of 
five dollars, whereupon said commissioner shall issue a permit, stating 
specifically all the conditions, describing the route to be taken, and lim- 






BUILDINGS. 


57 


iting the time for removal. The fee for a permit to remove a building 
from one part of a lot to another part of the same lot, or from one 
lot to another, when the same is owned by the same person and where 
said’ building or buildings are to be removed without crossing any 
street or alley, or the property of any person or persons, other than 
the owner of the lot from which the building is to be removed, shall 
be one dollar. 

271. Revocation of permit.] If work upon any building shall 
be conducted in violation of any of the provisions of this chapter, 
either as to occupation of sidewalk or street, or the use or application 
of material or workmanship, it shall be the duty of the commissioner 
of buildings to revoke the permit for the building operations in con¬ 
nection with which such violation shall have taken place. And it shall 
be unlawful, after the revocation of such permit, to proceed with such 
building operations, unless such permit shall first have been rein¬ 
stated or reissued by said commissioner. Before a permit, revoked 
for the cause or causes before mentioned, can be lawfully reissued or 
reinstated, the entire building and building site must be first put into 
condition corresponding with the provisions of this chapter, and any 
work or material applied to the same in violation of the provisions 
of this chapter shall be first removed from said building. 

FRAME BUILDINGS. 

272. Fire limits.] The fire limits of the city of Chicago shall be 
as defined by existing ordinances. No wall, structure, building, or 
part thereof shall hereafter be built, constructed, altered or repaired 
within the fire limits of the city of Chicago except in conformity with 
the provisions of this chapter. No building already erected or here¬ 
after to be built within said fire limits shall be raised, altered or built 
upon in such manner that, were said building wholly rebuilt or con¬ 
structed after the passage of this chapter, it would be in violation of 
any of its provisions. The provisions of this chapter as to the strength 
and stability of timber constructions shall also apply to the construc¬ 
tion of frame buildings outside of the fire limits. 

273. Frame buildings beyond fire limits.] Outside of said fire 
limits it shall be lawful to erect frame buildings not exceeding forty 
feet in height from the sidewalk to the highest point of the roof. If 
such frame buildings have a basement story of brick their height above 
the sidewalk may be made forty-five feet. 

274. Frame building, raising of.] Permission may be granted, by 
the commissioner of buildings, for the raising of existing frame build¬ 
ings, whether within or without the fire limits, to the limits of height 
hereinbefore fixed for new frame buildings and no more. Said com¬ 
missioner is also authorized to issue permits for changing gable or 
hip roofs of existing frame buildings to flat roofs, and for the raising 
of walls incident to such change. But, if such hip or gable roof is 
changed to a flat roof and the walls raised in connection with such 


58 


GENERAL ORDINANCES. 


change, the total cubic contents included by the walls so raised and 
the roofs so altered shall not exceed the cubic contents originally in¬ 
cluded in such gable or hip roofs. 

275. Frame building, repair or removal prohibited.] It shall not 
be lawful to repair, reconstruct or remove any frame building which 
has been injured more than fifty per cent, of its original value by wear 
and tear, by the effects of the elements or by fire. 

276. Combustible roof—repair prohibited, when.] No roof cov¬ 
ered with shingle or other combustible material, which shall have been 
damaged from any cause whatsoever, more than fifty per cent, of its 
value, shall be repaired, but such roof may be replaced by a roof of in¬ 
combustible material. 

277. Frame building, building lines, etc.] Frame buildings shall 
not be built nearer than one foot to any line of the lot upon which 
they are built, street and alley lines excepted. It shall not be lawful to 
erect a frame building wider than forty feet nor deeper than seventy 
feet. If more than one frame building is built in the direction of the 
depth of any one lot, such buildings shall not be built with a less dis¬ 
tance than ten feet between them. 

278. Frame building, chimneys.] Chimneys in frame buildings 
shall be built of brick, or of hollow tile. Where hollow tile is used 
they shall have socket joints and a double tile wall around the smoke 
duct. All joints, whether in tile or in brick chimneys, shall be well 
filled with mortar and neatly pointed on the outside. Brick chimneys 
shall be plastered smooth on the inside. Foundations for chimneys 
must be carried to solid ground and below the reach of frost. The 
wood framing of frame buildings shall be trimmed around chimneys in 
such manner as not to come in contact with the same. 

Metal smoke pipes or tile flues of single thickness shall not extend 
through the floors, or through the ceiling or roof of any building; and 
where such smoke pipes or tile flues pass through partitions the wood¬ 
work of such partitions shall be protected either by a course of brick 
built all around such smoke pipes or tile flue$, or by a thimble made of 
bright tin, the two rings thereof being at least three inches apart, with 
proper ventilating holes provided in the outer covering of the same on 
both sides of the partitions. 

279. Frame buildings, uniformity of height.] Frame buildings, 
the different parts of which are of different heights, may be carried 
up to a uniform height, provided the aggregate height thereof does 
not exceed the limits of height prescribed for frame buildings. 

280. Frame buildings, raising.] A frame building may be raised, 
for the purpose of erecting a basement story under the same, but the 
principal floor of such frame building shall not be raised to a higher 
level than eight feet above the sidewalk grade for two story buildings 
or twelve feet high above the sidewalk grade for one story frame build¬ 
ings. 1 he walls enclosing such basement shall be of masonry, and if 
the frame building is one story high, such walls shall not be less than 





BUILDINGS. 


59 


eight inches thick, or if such frame building is two stories high, the 
basement walls shall not be less than twelve inches thick. The founda¬ 
tions of such walls are to be constructed as elsewhere herein stated 
under the head of foundations. It is provided, however, that no frame 
building shall be raised, for the purpose of constructing a basement 
under the same, to a greater height to the top of its roof than that else¬ 
where herein given as the maximum height above grade for frame 
buildings. It is, also, provided that after there has been a basement * 
story constructed under any frame building, such frame building shall 
not be raised again for any purpose whatsoever. 

BUILDING WITHIN FIRE LIMITS. 

281. Building within fire limits.] All buildings hereafter con¬ 
structed, altered or enlarged, within the fire limits of the city of Chi¬ 
cago, shall comply with the following: 

282. Sheds—size—location—use.] Sheds not exceeding four¬ 
teen feet height from the ground at the highest part thereof, and not 
exceeding two hundred and fifty-six feet in area, with an incombustible 
roof, may be constructed of wood; such sheds shall not be located on 
the front part of any lot, nor shall they be used as a dwelling, or an ad¬ 
dition to a dwelling house, or for any business purposes whatever, nor 
shall more than one shed be erected on any one building lot of twenty- 
five feet. 

283. Open shelter sheds.] Open shelter sheds may be con¬ 
structed, provided they have incombustible roofing, not over twenty 
feet high from the ground to the highest point of the roof, and the 
roof supported on sufficient posts or piers. Such sheds shall have no 
enclosing walls or wooden floors. No fence shall be used for the back 
or side of such shed. If it is intended to enclose an open shelter shed, 
the enclosing walls must be made of brick or of hollow tile. Such en¬ 
closing walls must have foundations extending to solid ground and at 
least four feet below the surface of the ground. 

Provided, that coal sheds erected upon docks or navigable waters 
within said city may be constructed not over thirty-five feet high from 
the ground to the highest point of the roof, and when such shed shall 
be enclosed, the enclosing walls shall be made of fire-proof material. 

284. Classification of buildings.] As a means of reference in 
this ordinance, buildings erected within the fire limits (sheds and shel¬ 
ter sheds as before described being excepted) shall be divided into 
classes as follows: 

Class I.—This class shall include all stables and all buildings de¬ 
voted to the sale, storage or manufacture of merchandise. 

Class II.—This class shall include all buildings used as residences 
for three or more families, all hotels, all boarding or lodging houses oc¬ 
cupied by twenty-five or more persons, and all office buildings. 

Class III.—This class shall include all buildings used as residences 
for one or two families or for less than twenty-five persons. 


60 


GENERAL ORDINANCES. 


Class IV.—This class shall include all buildings used as assembly 
halls for large gatherings of people, whether for purposes of worship, 
instruction or entertainment. 

If buildings, the uses of which bring them within any of the said 
classes, are to be used for the purposes of any other class for which a 
better system of construction is called for by this chapter, the con¬ 
struction and equipment of such building must first be made to con¬ 
form to the requirements of this chapter as specified for such intended 
use. And it shall be unlawful to apply such building to a new or differ¬ 
ent use than that to which its structure and equipment adapts it under 
this chapter, unless the requirements of this chapter, for such new or 
different use, shall first have been complied with and a permit for such 
alteration of use shall have been first obtained from the commissioner 
of buildings. 

285. Definitions.] In describing the construction of the build¬ 
ings belonging to the various classes above enumerated, the following 
definitions of terms shall apply throughout this chapter: 

The term “fire proof construction’’ shall apply to all buildings in 
which all parts that carry weights or resist strains and, also, all stairs 
and all elevator enclosures and their contents, are made entirely of in¬ 
combustible material, and in which all metallic structural members are 
protected against the effects of fire by coverings of a material which 
must be entirely incombustible and a slow heat conductor. The ma¬ 
terials which shall be considered as fulfilling the conditions of fire proof 
covering are: First, brick; second, hollow tiles of burnt clay applied 
to the metal in a bed of mortar and constructed in such manner that 
there shall be two air spaces of at least three-fourths of an inch each 
by the width of the metal surface to be covered, within the said clay 
covering; third, porous terra cotta which shall be at least two inches 
thick and shall also be applied direct to the metal in a bed of mortar; 
fourth, two layers of plasteringv on metal lath. In buildings of this 
type all door or window mullions, whether vertical or horizontal, shall 
be faced with cast iron, terra cotta or other incombustible material of 
equal fire-resisting values. 

The term “skeleton construction” shall apply to all buildings where¬ 
in all external and internal loads and strains are transmitted from the 
top of the building to the foundations by a skeleton or frame work of 
metal. In such metal frame work the beams and girders shall be riv¬ 
eted to each other at their respective junction points. If pillars made 
of rolled iron or steel are used, their different parts shall be riveted to 
each other, and the beams and girders resting upon them shall have 
riveted connections to unite them with the pillars. If cast iron pillars 
are used, each successive pillar shall be bolted to the one below it by at 
least three bolts not less than five-eighths inch in diameter, and the 
beams and girders shall be bolted to the pillars. At each line of floor 
or roof beams, lateral connection between the ends of the beams and 
girders shall be made by passing wrought iron or steel straps across or 


BUILDINGS. 


61 


through the cast iron column, in such manner as to rigidly connect the 
beams and girders with each other in the direction of their length. 
These straps shall be made of wrought iron or steel and shall be riveted 
to the flanges or to the webs of the beams and girders. If buildings 
are made fire proof entirely and have skeleton construction so de¬ 
signed that their enclosing walls do not carry the weight of floors or 
roof, then their walls may be reduced in thickness one-third from the 
thickness hereinafter provided for walls of buildings of the different 
classes, excepting, only, that no wall shall be less than twelve inches in 
thickness; and provided, also, that such walls shall be thoroughly 
anchored to the iron skeleton; and provided, also, that wherever the 
weight of such walls rests upon beams or pillars, such beams or pillars 
must be made strong enough in each story to carry the weight of wall 
resting upon them without reliance upon the walls below them. But, 
if walls of hollow tiles are used as filling between the members of the 
skeleton construction, they shall be of the full thickness specified for 
non-skeleton buildings. 

The term “slow burning construction” shall apply to all buildings in 
which the structural members which carry the loads and strains which 
come upon the floors and roof thereof are made wholly or in part of 
combustible material, but throughout which the combustible as well as 
the incombustible materials shall be protected against injury from fire, 
by coverings of incombustible non heat conducting materials similar to 
those described under the head of “skeleton construction,” except that 
a single covering of plastering on metal lath and metal furring shall be 
considered sufficient protection for the underside of joists, and that a 
deafening of mortar, mineral wool, or their equivalent, applied at least 
one and one-half inches thick, shall be used to cover all floor and roof 
surfaces above the joists of the same. Where oak posts of greater sec¬ 
tional area than one hundred square inches are used, they need not 
have special fire proof covering. All partitions and all elevator 
enclosures in buildings of this type shall be made entirely of incom¬ 
bustible material. The use of wood furring or of stud partitions shall 
not be allowed in buildings of this class. 

The term “mill construction” shall apply to all buildings in which 
all the girders and joists supporting floors and roof have a sectional 
area of not less than seventy-two square inches, and above the joists 
of which there is laid a solid timber floor not less than three and three- 
fourths inches thick. Wooden posts used in buildings of this class shall 
not be of smaller sectional area than one hundred square inches. Par¬ 
titions and elevator enclosures in buildings of this class shall be made 
entirely of incombustible material. If iron pillars, girders or beams 
are used in buildings of this class, they shall be protected as provided 
for fire proof buildings; but the wooden posts, girders and joists need 
not be protected by fire proof covering. The use of wood furring, 
wood lathis or steel partitions shall not be permitted in buildings of 
this class. 


62 


GENERAL ORDINANCES. 


By the term “ordinary construction/’ as used in this ordinance, is 
meant the ordinary system of construction in which timber and iron 
structural parts are not protected with fire resisting coverings. 

MATERIALS AND CONSTRUCTION. 

286. Materials for use.] Materials used in the construction 
of buildings of all classes shall conform to the following specifica¬ 
tions: 

287. Foundations, materials for.] Foundations shall be pro¬ 
portioned to the actual average loads they will have to carry in the 
completed and occupied building, and not to theoretical or occasional 
loads. Exterior foundations shall be proportioned to carry at least 
eighty per cent, of the floor load elsewhere herein provided. Founda¬ 
tions shall be constructed of either of the following: cement, concrete, 
dimension or rubble stones, sewer or paving bricks. If iron or steel 
is used, filling and coating of same shall be of Portland cement, timber 
piles covered with grillage of oak timber, or a grillage of oak timber 
may be used. It being provided, however, that timber shall not 
be used in connection with any foundation at a level higher than 
city datum. 

288. Cellar and foundation wall.] Cellar and foundation walls 

shall, where possible, be rendered impervious to dampness, and 
asphaltum or coal tar pitch, in addition to hydraulic cement, 
shall be used for that purpose. 

289. Pile foundations.] Where pile foundations are used, borings 
of the soil shall first be made to determine the position of the under¬ 
lying stratum of hard clay or rock, and the piles shall be made long 
enough to reach hard clay or rock, and they shall be driven down to 
reach the same, and such piles shall not be loaded more than twenty- 
five tons to each pile. The heads of the piles are to be protected 
against splitting while they are being driven and, after having been 
driven, the piles are to be sawed off to uniform level and covered 
with an oak timber grillage, so proportioned that in the transmission 
of strains from pile to pile the extreme fiber strain in the timbers com¬ 
posing the grillage shall not be more than twelve hundred pounds to 
the square inch. 

290. Foundations other than pile.] If foundations are made of 
materials other than piles, they shall be so proportioned that the loads 
upon the soil shall not exceed the following limits, to wit: 

291. Soil, pure clay, burden on.] If the soil is a layer of pure 
clay at least fifteen feet thick, without admixture of any foreign sub¬ 
stance excepting gravel, it shall not be loaded more than at the rate 
of thirty-five hundred pounds per square foot. If the soil is a layer 
of pure clay, being hard, dry and compressed, it shall not be loaded 

more than at the rate of four thousand five hundred pounds per square 
foot. 




BUILDINGS. 


63 


292. Soil, dry sand, burden on. ] If the soil is a layer of dry sand 
fifteen feet or more in thickness and without admixture of clay, loam 
or other foreign substance, it shall not be loaded more than at the rate 
of four thousand pounds per square foot. 

293. Soil mixed, clay and sand, burden on.] If the soil is a 
mixture of clay and sand, it shall not be loaded more than at the rate 
of three thousand pounds per square foot. 

294. Soil wet, unlawful construction.] In all cases where founda¬ 
tions are built in wet soil it shall be unlawful to build the same unless 
the trenches in which the work is being executed are kept free from 
water by bailing, pumping or otherwise, until after the completion of 
work upon the foundations. 

295. Filled or made ground.] Foundations shall not be laid on 
filled or made ground, or on loam, or on any soil containing admixture 
of organic matter. 

296. Foundations, depth of, etc.] Foundations must in all cases 
extend at least four feet below the surface of the ground upon which 
they are built, and, in the case of buildings forty feet or more in 
height, foundations shall extend at least to the depth drained by the 
street sewer in the neighboring streets or alleys, but if such sewers are 
at a greater depth than ten feet below the sidewalk grade, such founda¬ 
tions need not extend to a greater depth than ten feet; Provided, that, 
sound, hard soil is found at that depth. In all cases a connection with 
the street sewer shall be established before beginning the work of 
laying foundations. Provided, however, that all buildings not ex¬ 
ceeding one story in height and eighteen feet in height from top of 
sills to highest point of roof, and sidewalls not exceeding twelve feet 
in height, and floor area not exceeding twelve hundred feet in super¬ 
ficial area, may have brick walls not less than eight inches in thick¬ 
ness, erected on wooden sills, the sills supported on vertical posts, or 
piers, sunk four feet below the surface of the ground. The founda¬ 
tions under such posts or piers shall be of wood or stone, each cover¬ 
ing not less than five square feet of area to safely support the weight 
that may rest upon them; sills to be placed not higher than one foot 
above the established grade on the street fronting the lot upon which 
the building is erected, where grades are established, and not exceed¬ 
ing six feet above the ground where grades are not established, the sills 
and space from sills to the ground to be protected by fire proof 
material. 

297. Stone for concrete--cement—sand.] Broken stone used 
for concrete in making foundations must be clean and free from dirt 
and dust. All sand must be free from admixture of loam and must be 
otherwise clean and sharp. Cement must have been kept dry and 
must be used fresh from the package; cement which has been permitted 
to become wet, hard or lumpy before it is mixed into the mortar or 
concrete shall not be used. Cement mortar for concrete shall be made 
in the proportion of one part of cement (quality equal to that before de¬ 
scribed) to three parts of sand, mixed dry, and then tempered with 


64 


GENERAL ORDINANCES. 


water. Enough of this mortar shall be used to completely fill the in¬ 
terstices between the stones. If the cement is not equal in fineness or 
strength to the standard given above, a correspondingly greater quan¬ 
tity of cement shall be used. The use of concrete or mortar, of all 
kinds, the ingredients of which are not thoroughly and completely 
mixed and which are not free from lumps, or other unmixed por¬ 
tions of any of the ingredients, is prohibited. The use of cement 
mortar which has become partly or wholly set before use is also pro¬ 
hibited. Concrete foundations, wherever used, must have boxes of 
plank all around them, and the concrete must be well rammed in 
individual layers not more than six inches each in thickness. The 
ramming must be continued until the water stands on the top of the 
mass of concrete. 

298. Steel or iron in foundations.] If steel or iron rails or 
beams are used, as parts of foundations, they must be thoroughly im¬ 
bedded in a concrete, the ingredients of which must be such that, after 
proper ramming, the interior of the mass will be free from cavities. 
The beams or rails must be entirely enveloped in concrete and, around 
the exposed external surfaces of such concrete foundations, there must 
be a coating of any cement (established as a standard cement by the 
society of civil engineers of the northwest) mortar not less than one 
inch thick. 

299. Concrete foundations.] If concrete foundations are used 
by themselves, and without the insertion of iron or steel beams or 
rails, the offsets on top of same shall not be more than one-half the 
height of the respective courses, and such concrete foundations must 
not be loaded more than eight thousand pounds per square foot. If 
reinforced by iron or steel beams or rails, the loads and offsets in the 
same must be so adjusted that the fiber strain upon the metal, if iron, 
shall not exceed twelve thousand pounds per square inch, or, if steel, 
that the fiber strain shall not exceed sixteen thousand pounds per 
square inch. 

300. Dimension stones.] Dimension stones must have uniform 
beds and the offsets in the same, where two or more layers are used, 
must not be more than three-quarters of the height of the individual 
stones. They must be set with full beds of cement mortar under 
their entire area, and in such manner that they will not rock after being 
set. Dimension stone in foundations shall not be subjected to a load 
of more than ten thousand pounds per square foot in piers. If the 
beds of the stones are dressed and leveled off to uniform surface and 
the stones are set in any cement (established as a standard cement by 
the society of civil engineers of the northwest) mortar this strain may 
be increased to four thousand pounds per square foot. 

301. Rubble foundation and walls.] Rubble foundations and 
rubble walls must be built of approximately square and flat bedded 
stones, well and thoroughly bonded in both directions of the walls, each 
stone thoroughly bedded in mortar under its entire area, in such man¬ 
ner that it will not rock, and all interspaces between individual stones 


BUILDINGS. • 


65 


must be thoroughly filled with mortar and, if the spaces should be 
large, pieces of broken stone must be driven into the mortar. Wher¬ 
ever walls, of any kind, are used as curb walls, their exterior surfaces 
must be rendered approximately water tight, by a coating of any 
cement (established as a standard cement by the society of civil engi¬ 
neers of the northwest) mortar, or its equivalent. 

302. Soft bricks—brick work.] The use of soft bricks is pro¬ 
hibited in all parts of buildings exposed to the weather and in internal 
or external piers. The bond of brick work shall be formed by laying 
one course of headers for every five courses of stretchers. All joints, 
longitudinal as well as transverse, shall be thoroughly filled with mor¬ 
tar and each brick shall be bedded in mortar under its entire surface. 
Brick work in walls laid in any cement (established as a standard 
cement by the society of civil engineers of the northwest) mortar shall 
not be loaded more than twenty-five thousand pounds per square foot. 
Brick work laid in ordinary cement mortar shall not be loaded more 
than eighteen thousand pounds per square foot. Brick work in walls 
laid in lime mortar shall not be loaded more than thirteen thousand 
pounds per square foot. 

303. Joists.] Whenever walls sixteen inches orless in thickness 
shall be used for the support of ordinary joists in buildings of Class I, 
ledges four inches wide shall be formed for the support of such joists. 
Wherever in buildings of Class II joists rest upon walls twelve inches 
or less in thickness, ledges four inches wide shall be formed for the 
support of such joists. Wherever in buildings of Class III joists rest 
upon inclosing or upon party walls eight inches thick there shall be 
ledges projecting four inches from such walls. In buildings of all 
classes where furring strips, whether combustible or incombustible, 
are used on brick walls there shall be ledges equal to the thickness of 
such furring strips upon such walls, and, in all cases where ledges 
are built, they must be carried up to and leveled off on the line of the 
tops of the joists. 

304. Pressed brick facings, etc.] If pressed brick^facings are 
used, they must be bonded into their backing every seventh course. 
Bond shall be established by solid headers, or by blind headers, or by 
means of metallic anchors. In the case of piers faced with pressed 
brick, only solid headers shall be used, but bond stones or iron bond 
plates may be substituted for such headers. Pressed brick in all cases 
must be so laid as to have full bearing of mortar under its entire sur¬ 
face. The laying of pressed brick merely with a joint all around the 
outer edges of the brick is prohibited. 

305. Brick piers.] In building brick piers, there shall be pro¬ 
vided at every offset in each pier, or at every point where such brick 
pier receives the load, a bond stone at least eight inches thick, and 
at the top of each pier a cap stone at least ten inches thick, or in all 
such cases a bond plate of cast or rolled iron, which stones or plates, 
if at the top of such piers, shall cover the entire surface of such pier, 
and shall in all cases be adapted to receive the load to be imposed and 


66 


GENERAL ORDINANCES. 


shall be made of a strength which will keep the fiber strain upon the 
material used within the limits elsewhere herein stated. If the height 
of the piers is four times their smallest dimensions, there shall be a 
bond stone or bond plate as above described inserted in the middle of 
such pier. For all piers higher than the above, there shall be a bond 
stone or bond plate for each distance in height equal to double the 
smallest dimension of such pier. 

306. Hollow walls.] WhereJiollow walls are A used, their solid 
parts shall be bonded together, either with solid brick headers or with 
metallic bond plates or anchors, once in every foot of length of such 
wall in every seventh course. If one or both of the solid parts of such 
wall are less than eight inches thick, such walls shall not be used as 
supports for any part of the structure of such buildings; but if both 
the solid parts of such hollow wall are eight inches or more in thick¬ 
ness, such walls may be used as bearing walls and, in all cases, where 
the load is imposed upon such hollow walls or any part thereof, 
there shall be bond stones, or iron bond plates, covering the whole of 
the solid parts of such wall, and so proportioned as not to strain either 
the material of the wall, or of such bond stones, or bond plates, more 
than to the extent of the limits elsewhere herein given for the ultimate 
strains of such materials. 

307. Hollow tile—porous terra cotta.] Hollow tile and porous 
terra cotta may be used in the form of flat arches for the support of 
floors and roofs; such floor arches having a height of at least one and 
one-quarter inches for each foot of span. The arches must be so con¬ 
structed that the joints of the same point to a common center; the butts 
of the arches shall be carefully fitted to the beams supporting them and 
there shall be a cross rib for every six inches or fractional part thereof 
in height; and, in addition to these there shall also be diagonal ribs in 
the butts. Floor arches made in the form of a segment of a circle or an 
ellipsis must be constructed upon the same principles, but, in such 
cases, the individual voussoirs forming the arch shall not be less in 
height than one-thirtieth of the span of the arch. Such arches, 
whether flat or curved, shall have their beds well filled with mortar 
and the centers shall not be struck until the mortar has been set. 
Where hollow tile blocks are used for building partitions or for en¬ 
closing walls, the joints shall be well filled with mortar and the 
effective bearing parts of the tiles shall not be loaded more than eighty 
pounds to the square inch for hard fire clay tiles, nor more than sixty 
pounds per square inch for hard ordinary clay tiles, nor more than 
forty pounds per square inch for porous tiles. 

308. Stone, quality of.] The use of stone for walls, facing, piers, 
arches and other structural purposes shall be confined to such kinds 
of stone as have been tested for strength and ability to resist the 
effects of the weather by experts, who shall be either officers of the 
engineering corps of the United States, or state geologists, or the en¬ 
gineering faculties of universities and technical schools, to be desig- 





BUILDINGS. 


67 


natecl for this purpose from year to year by the commissioner of build¬ 
ings. Before any variety of stone may be used in connection with any 
building in the city of Chicago the persons desiring such use shall file 
with the commissioner of buildings a copy of a statement, certified to 
under oath, showing the result of tests as to strength and ability to 
resist the effects of weather of such stone, made by one or more of the 
experts before mentioned. The statements of such tests, if verified 
by the commissioner of buildings, shall be inserted in a book kept for 
said purpose by said commissioner, which book shall at all times be 
open to the inspection of the public. 

309. Stone, limits of stress—cement—mortar.] The limits of 
stress to which the various kinds of stone used in buildings may be 
subjected shall be one-thirtieth of the ultimate strength developed by 
the tests before mentioned. If, however, the beds of the stones used 
are not dressed to uniform bearing over their entire surface, then the 
ultimate load to which they may be subjected shall not exceed one- 
fiftieth of the ultimate strength of the stone as indicated by the said 
tests. Stones shall be fully bedded in mortar over their entire surface, 
and for all stress exceeding one-seventieth of the ultimate strength of 
the stone, if the beds are undressed, or exceeding one-fortieth of the 
ultimate strength, if the beds are dressed. Any cement (established 
as a standard cement by the society of civil engineers of the northwest) 
mortar shall be used for such bedding. It shall be permitted to leave 
a space of one inch all around the outer edge of stones without mortar 
bedding. 

310. Stone facing for brick walls.] Stone may be used as facing 
for brick walls under the following conditions: If the facing is ashlar 
without bond courses, and the individual courses thereof measure in 
height between bond stones more than six times the thickness of the 
ashlar, then each piece of ashlar facing shall be united to the brick 
work with iron anchors at least two to each piece and reaching at least 
eight inches over the brick wall, and hooked into the stone facing as 
well as the brick backing. Wherever ashlar, as before described, is 
used, it shall not be counted as forming part of the bearing surface 
of the wall, and the brick backing shall be of the thickness of wall 
herein specified for the different kinds of building. If stone facing 
is used with bond courses at a distance apart not more than six times 
the thickness of the ashlar, and where the width of bearing of the bond 
courses upon the backing of such ashlar is at least twice the thickness 
of the ashlar, and in no case less than eight inches, then such ashlar 
facing shall be counted as forming part of the wall, and the total thick¬ 
ness of wall and facing shall not be required to be more than herein 
specified for walls of the different classes of buildings. 

311. Cast iron crushing stress.] Where cast iron is subjected to 
crushing stress only, as in plates, it may be loaded to the extent of 
fifteen thousand pounds per square inch. 

312. Formula.] In all of the following formulae “ S ” represents 
the maximum load permitted for the kind of construction to which the 
formulae apply. 


68 


GENERAL ORDINANCES. 


313. Cast iron pillars. J Cast iron used for pillars shall be propor¬ 
tioned in accordance with the following formulae: 

For round cast iron columns— 

! / 2 ) /=length of column in inches. 

1_]-l dC=diameter of column in inches. 

6oo*/ 2 ) *z=sectional area of column in square inches. 

For rectangular cast iron columns— 

) / 2 1 l and a as before. 

i ~)-> ^/=the side of square column, or the least 

8 ood 2 ) horizontal dimension of other columns. 


Cast iron used in the shape of lintels, brackets or corbels shall be so 
proportioned that the compression stress upon the same shall not ex¬ 
ceed thirteen thousand five hundred pounds per square inch, and that 
the tensile stress shall not exceed three thousand pounds per square 
inch. 

314. Riveted columns.] The maximum loads allowed upon riv¬ 
eted columns shall not exceed those determined by the following 
formulae, to wit: 

For riveted or other forms of wrought iron columns— 

( / 2 i l and a as before. 

< 5 == 12000*z-7- ■< i+-- > r=least radius of gyration of columns in 

( 36ooor 2 ) inches. 


For riveted or other steel columns less than 6or in length— 

' 6o/ ; 

l and r as before. 


£=17000— 


For riveted and other steel columns more than 6or in length— 
£=13500*2= a as before. 

315. Steel girders, bea’ms, etc.] All girders, beams, corbels, 
brackets and trusses, if made of steel, shall be so proportioned that 
the maximum fiber stress will not exceed sixteen thousand pounds per 
square inch; or, if made of iron, the maximum fiber stress shall not 
exceed twelve thousand pounds per square inch. 

316. Plate girders, rivets.] Plate girders shall be designed and 
constructed of strengths at least equal to those developed by the fol¬ 
lowing formulae: 

For plate girders— 

FI™™ ^ m _M aximum bending moment in foot pounds. 

6 CD 


-^—Distance between centers of gravity of flanges in feet, 
j 13,500 for steel ) 

| 10,000 for iron ] 

Maximum shear. 


Web area=- 


C 


j 10,000 for steel ) 
( 6,000 for iron ) 










BUILDINGS. 


69 


Maximum stress per square inch of rivet area (single shear) shall not 
exceed: 


For shop driven rivets 
For field driven rivets. 


STEEL. 

IRON. 

9,000 pds 
7,500 pds 

7,500 pds 
6,000 pds 


With regard to connections of rolled beams with each other and with girders, 
work upon buildings in the city of Chicago shall hereafter be in conformity with 
the practice of the Carnegie, Trenton, Phenix, Pencoyd or other first class rolling 
mills, as published in their standard books and sheets and approved by the com¬ 
missioner of buildings. 

317. Wooden pillars.] Where wooden pillars are used, the maxi¬ 
mum loads to which they are to be subjected shall not exceed those 
determined by the following formula, “S” representing the maximum 
loads as intended to be fixed by this ordinance: 

! /2 ) tf=sectional area of the post in square inches. 

i-j-> ^/=side of square post or least side of rectangu- 

250 d 2 ) lar post in inches. 

/=length of post in inches. 

} 6oo for white or Norway pine. 

800 for oak. 

900 for long leaf yellow pine. 

318. Timber girder.] The ultimate load to which timber used for 
girder may be subjected shall not exceed those determined by the fol¬ 
lowing formula, to wit: 

cbd 2 ( ^=breadth of beam in inches. 

S— - \ c/=depth of beam in inches. 

I I /=length of beam in feet. 

! i 6 o for long leaf yellow pine. 

120 for oak. 

100 for white or Norway pine. 

The constants given in all of the foregoing formulae are based upon 
the use of material and workmanship the best of their respective kinds. 

319. Formulae explained. All formulae herein given for deter¬ 
mining the load permitted upon girders of any kind are for girders sup¬ 
ported at both ends and uniformly loaded over their entire length. 
The formulae for column loads are for columns concentrically loaded. 
The calculations for the allowances which must be made for other 
methods of loading shall be based upon the above formulae and con¬ 
stants and the rules of the best engineering practice. 

320. Fire proofing of steel and iron structural parts.] Fire 
proofing of the steel and iron structural parts of buildings shall, for the 
purposes of this ordinance, be defined as follows: All iron or steel used 
as a supporting member of the external construction of any building, 
exceeding ninety feet in height, shall be protected against the effects 
of external changes of temperature and of fire, by a covering of brick, 













70 


GENERAL ORDINANCES. 


terra cotta or fire clay tile, completely enveloping said structural mem¬ 
bers of iron and steel. If of brick, it shall be not less than eight inches 
thick. If of hollow tile, it shall be not less than six inches thick, and* 
there shall be at least two sets of air spaces between the iron and steel 
members and the outside of the hollow tile covering. In all cases the 
brick or hollow tile shall be bedded in mortar close up to the iron or 
steel members and all joints shall be made full and solid. Where skel¬ 
eton construction is used for the whole or part of a building these en¬ 
veloping materials shall be independently supported on the skeleton 
frame for each individual story. 

321. Iron or steel plates, fiber strain.] If iron or steel plates are 
used in each story for the support of such covering within the said 
story, such plates must be of sufficient strength to carry, within the 
limits of fiber strain for iron and steel elsewhere specified in this chap¬ 
ter, the enveloping material for the said story, and such plates may 
extend to within two inches of the exterior of said covering. 

322. Terra cotta—backing of.] If terra cotta is used as part 
of such fire proof enclosure it shall be backed up with brick or hollow 
tile, of such dimensions, and laid up in such manner, that the backing 
will be built into the cavities of the terra cotta so as to secure perfect 
bond between the terra cotta facing and its backing. 

323. Hollow tile fire proofing.] If hollow tile alone is used for 
such enclosure, the thickness of the same shall be made in at least 
two courses, breaking joints with and bonded into each other. 

324. Horizontal filling between iron and steel vertical mem¬ 
bers.] The horizontal filling between the iron and steel vertical mem¬ 
bers of skeleton constructions shall be of brick, terra cotta or hol¬ 
low tile, and in no case of less thickness than twelve inches, subject to 
the same conditions as to bond and courses as specified for the en¬ 
veloping materials of structural members, and these horizontal fillings 
shall be bonded into the enclosures of the vertical members. 

325. Walls—tops of and upper surfaces of breaks.] The 
upper surfaces of all breaks or offsets in external coverings and fillings 
and walls, as well as the tops of walls, shall be covered with stone, terra 
cotta or fire clay copings, set in cement mortar, and having lapped 
joints pointed with cement. 

326. Internal structural parts—fire proofing of.] The in¬ 
ternal structural parts of buildings of the skeleton construction 
shall be fire proofed by coverings of brick, hollow tile, porous terra 
cotta or plastering on metal lath and metal furring. 

327. Coverings for columns.] In buildings of Class I the 
coverings for columns shall be, if of brick, not less than eight inches 
thick, if of hollow tile, they shall be in two consecutive layers, each not 
less than two and one-half inches thick. If the fire proof covering is 
made of porous terra cotta, it shall consist of at least two layers, each 
to be not less than two inches thick. Whether hollow tile or porous 
terra cotta is used, the two consecutive layers shall be so applied that 
neither the vertical nor the horizontal joints in the same shall be oppo- 


BUILDINGS. 


71 


site each other, and each course shall be so anchored and bonded 
within itself as to form an independent and stable structure. In all 
cases there shall be on the outside of the tiles a covering of plastering 
with any cement (established as a standard cement by the society of 
civil engineers of the northwest) or of other mortar of equal hardness 
and efficiency when set. 

328. Column covering.] In places where there is trucking or 
wheeling or other handling of packages of any kind, the lower five feet 
of the fire proofing of such pillars shall be encased in a protective cov¬ 
ering either of sheet iron or oak plank, which covering shall be kept 
continually in good repair. 

329. Plastering on metallic lath.] If plastering on metallic 
lath is used for fire proofing of columns, it shall be in two layers. The 
metallic lath shall in each case be fastened to metallic furrings and the 
plastering upon the same shall be made with cement. Protection for 
the lower five feet shall be required in this case the same as where 
porous terra cotta or hollow tile covering is used. 

330. Internal columns—fire proof covering.] In buildings be¬ 
longing to Class II the fire proof covering for internal columns shall 
be made the same as specified for buildings of Classes I and IV, ex¬ 
cepting that only one covering of hollow tile or porous terra cotta, 
and only two layers of covering made of plastering on metallic lath, 
shall be used. 

331. Iron or steel beams, etc., covering.] The fire proof cov¬ 
ering of iron or steel beams and girders in buildings of Classes I and 
IV shall be effected with either of the materials before specified. If 
hollow tiles are used, the tiles shall be set close to the metal to be pro¬ 
tected, and there shall be two air spaces within the tile of at least three- 
fourths of an inch each. If porous terra cotta is used, it shall be at 
least two inches thick. If plastering on metal lath is used, the furring 
shall also be metal. There shall be two thicknesses of such plastering 
on metallic lath. 

332. Air space.] For buildings of Class II only one air space 
will be required in the fire protection covering. 

333. Structural iron or steel-fire proofing of.] If buildings 
of Class II are partly used for the purposes of Classes I and IV, the 
method of fire proofing the structural iron or steel in the whole of any 
story any part of which is so used, and in the whole of the story above 
and below the same, shall be as called for in buildings of Classes I 

and IV. . 

334. Beams— covering of.] In all cases the covering of beams, 

if of hollow tile or porous terra cotta, shall be so applied as to be sup¬ 
ported entirely by the beams or girders protected, and shall be held in 
place entirely by the support of the flanges of such beams or girders 
and by the mortar used in setting. Wire binding and anchors shall 
not be used for fastenings of such fire proof covering. 

335. Iron or steel floor supports—filling between.] The 
filling between the individual iron or steel beams supporting the floors 


72 


GENERAL ORDINANCES. 


of fire proof buildings shall be made of brick arches, concrete arches, 
hollow tile arches or Spanish tile arches. Brick arches shall not be 
less than four inches thick and shall have a rise of at least one and one- 
quarter inches to each foot of span between the beams. If the span of 
such arches is more than five feet, the thickness of the same shall not 
be less than eight inches. If hollow tile arches having a straight 
soffit are used, the thickness of such arches shall not be less than at 
the rate of one and one-quarter inches per foot of span. If Spanish tile 
arches are used, they shall be made according to the published for¬ 
mulae of the Guastavino Construction Company, subject to the verifi¬ 
cation and approval of the commissioner of buildings. If concrete 
arches are used, the concrete in the same shall not be strained more 
than one hundred pounds per square inch, if the concrete is made of 
crushed stone, nor more than fifty pounds per square inch if the con¬ 
crete is made of cinders. In all cases, no matter what the material or 
form of the arches used, the protection of the bottom flanges of the 
beams and so much of the web of the same as is not covered by the 
arches shall be made as before specified for the covering of beams and 
girders. 

336. Walls—thickness.] The thickness of walls hereinafter spe¬ 
cified and set forth in the tables for the various classes of buildings 
shall be, for each class of buildings, intended to apply to all external 
enclosing walls and also to such internal walls as may be required 
under the specifications of the different classes of buildings for the 
support of floors and roofs. 

337. Bay windows and light shafts.] The enclosing walls of bay 
windows and of light shafts shall in all cases be built entirely of in¬ 
combustible material, excepting that in buildings of Class I, Class II 
and Class III, there may be bay windows and light shafts not to exceed 
ten feet in width at the wall line, and not over three feet projection, 
and not to exceed three stories in height above the first or main story, 
made of combustible material: Provided, that the outside of such bay 
windows and light shafts shall be covered with sheet metal, or other 
incombustible material, and provided, further, that windows of such 
construction shall not be allowed on buildings exceeding four stories 
in height: Provided, that bay windows may be constructed as pre¬ 
scribed on the three upper stories of buildings not exceeding the 
height permitted in four story buildings. 

338. Bay windows, etc.] In all cases where the weight of floors 
within bay windows or abutting upon light shafts is carried on a fram¬ 
ing independent of the enclosing walls of such bay windows or light 
shafts, the thickness of such walls enclosing bav windows or light 
shafts may be reduced, but in no case shall the thickness of such walls 
be less than eight inches, nor shall any part thereof be so reduced 
m area that the load upon the same will be more than the maximum 

load hereinafter prescribed for the materials of which such walls are 
budt. 

339. Light shafts hollow tile.] Hollow tile may be used for walls 


BUILDINGS. 


73 


enclosing light shafts, but isuch enclosing walls shall be firmly anchored 
to the framing of each successive floor. 

340. Bay windows, etc.—walls.] If the walls of bay windows or of 
light shafts begin at any point above the foundations of the building, 
their means of support shall consist entirely of incombustible ma¬ 
terial. 

341. Buildings—mode of construction—limit of height.] Build¬ 
ings of Class I which are one hundred feet or more in height shall be 
made entirely of fire proof construction. 

Buildings of Class I less than one hundred feet and more than sixty 
feet in height shall be built entirely of slow burning or of mill con¬ 
struction. 

Buildings of Class I less than sixty feet in height may be built of or¬ 
dinary construction. 

Buildings of Class II which are one hundred feet or more in height 
shall be built entirely of fire proof construction. If less than one hun¬ 
dred feet and more than sixty feet in height, their construction shall 
be slow burning or mill construction. If they are less than sixty feet 
in height their construction may be ordinary construction. 

Buildings of Class III may be built of ordinary construction, but if 
they are sixty feet or more in height they shall conform to the limita¬ 
tions fixed for buildings of Class II. 

The limits of the height of buildings hereinbefore given for non fire 
proof buildings shall be from the sidewalk level to the highest point 
of roof thereof. 

No building shall be erected in the city of Chicago of greater height 
than one hundred and fifty-five feet from the sidewalk level to the 
highest point of external bearing walls. And the height of no building 
of skeleton construction shall be more than three times its least hori¬ 
zontal dimension. And no isolated building of masonry construction 
shall be more than four times as high as its least horizontal dimen¬ 
sion. 

342. Wind pressure.] In all buildings, the height of which is 
more than one and one-half times their least horizontal dimension, 
allowance shall be made for wind pressure, which shall not be fig¬ 
ured at less than thirty pounds for each square foot of exposed sur¬ 
face. The precautions against the effects of wind pressure may take 
the form of any one or more or all of the following factors of resist¬ 
ance to wind pressure: 

First. Dead weight of structure, especially in its lower parts. 

Second. Diagonal braces. 

Third. Rigidity of connections between vertical and horizontal 
members. 

Fourth. By constructing iron or steel pillars in such planner as to 
pass through two stories with joints breaking in alternate stories. 

343. “ Basement ” defined.] Wherever in this chapter the word 
“basement” story is used, it is intended to mean that the floor of 
such story is at a distance of two feet, or more, below the level 


74 


GENERAL ORDINANCES. 


of the sidewalk, and that its height does not exceed eleven feet in the 
clear. If the floor of such story is nearer than two feet to the side¬ 
walk grade or if its height in the clear is more than eleven feet, it shall 
be counted as the first story of the building in which it occurs. 

344 . “Stories” defined.] Wherever the thickness of walls, or 
the character or dimensions of other parts of buildings, are herein des¬ 
ignated or described by stories, it is understood that it refers to stories 
of the following heights, to wit: The first story not exceeding 
eighteen feet in the clear, the second story not exceeding fifteen feet 
in the clear, the third story not exceeding thirteen and one-half feet 
in the clear, and all other stories not exceeding twelve feet in the clear, 
excepting the top story, the average height of which, as referred to 
in this chapter, shall not be more than fourteen feet in the clear. If, 
however, it is desired to increase the height of any story or stories 
above the maximum heights herein given, this may be done; Pro¬ 
vided the walls of the same are increased four inches in thickness 
above the dimensions prescribed by this chapter, and the walls below 
the story so increased in thickness are made sufficiently strong to 
carry such increased weight within the limitations of strain prescribed 
in this chapter, and provided, also, that in no case shall the wall in 
an upper story be thicker than the wall in a lower story, except only 
in buildings of skeleton construction. 

345. Roofs, erections on.l It shall be permitted to erect on the 
roofs of all buildings, skylights, enclosures for water tanks and en¬ 
closures for elevator machinery, the construction of all of which en¬ 
closures shall be, if sixty feet or more above the sidewalk level, entirely 
of incombustible material. The erection of parapet walls or of balus¬ 
trades constructed entirely of incombustible material is permitted 
above the roof level of buildings of all classes, and in addition to the 
heights herein fixed for the same. 

346 . Firewalls.] Fire walls of brick, not less than twelve inches 
thick, shall be built extending above the roofs of all buildings if such 
roofs are flat, and also above the roofs of all buildings where the same 
abut against another building, or where the same stand upon any line 
of any lot, excepting street or alley lines. Such fire walls, where they 
stand upon lot lines or where they are over the dividing walls between 
buildings or over the dividing walls in the interiors of buildings, where 
such are called for by this chapter by reason of the great area of such 
building, shall extend at least three feet above the roofs of such build¬ 
ings. Fire walls upon street and alley lines shall extend not less than 
eighteen inches above the roof of such buildings. Fire walls may be 
dispensed with on street and alley lines if the tops of the roof boards 
and roof joists are protected against fire for a distance of at least five 
feet from such street or alley lines by a coating of deafening mortar on 
hollow tile or porous tile at least two inches thick. Fire walls at street 
and alley lines may also be dispensed with in all cases where the entire 
framing and material of the roof shall be made strictly fire proof. Walls 
facing upon courts and light shafts shall be treated’ in the same cate- 


BUILDINGS. 


75 


gory with walls facing upon streets and alleys. Fire walls must be cov¬ 
ered with a weather proof coping of incombustible material. 

347. Window and door sills.] Window and door sills shall be 
made of incombustible material. Oak timber used for door sills and 
not less than eight inches thick by the full width of the wall in which 
such sills occur shall, for the purpose of this chapter, be considered 
incombustible, but no other form or use of wood construction shall be 
considered incombustible. 

348. Store fronts, pillars and lintels.] The pillars and lintels 
supporting store fronts shall not be made of wood in buildings more 
than twenty-five feet above the sidewalk grade. The use of plank or 
board partitions of greater area than three hundred and fifty square feet 
in any one story of any building is prohibited. 

349. Roofs.] The use of shingle roofs and of other forms of com¬ 
bustible roof covering, upon buildings erected or altered within the 
fire limits, is prohibited. Roofs whose slope is not more than three 
inches per foot horizontal and the covering of which is made with at 
least four thicknesses of No. 2 roofing felt well cemented together, then 
covered with distilled composition and clean screened lake gravel, this 
then swept off, and the entire surface of the roof recoated with distilled 
composition and gravel, shall be considered incombustible under the 
provisions of this chapter and may be used upon buildings of all 
classes. The use of felt or tar roofs not covered with crushed stone or 
gravel as hereinbefore provided is hereby prohibited. In the case of 
all buildings less than sixty feet in height, roofs having a slope of more 
than that specified for composition roofs and less than thirty degrees 
with the horizon, may be made of timber and board construction and 
shall be covered with slate or glazed tile. Roofs upon buildings less 
than sixty feet in height and of greater slope with the horizon than 
thirty degrees and less than sixty-five degrees, or the roofs upon build¬ 
ings sixty or more feet and less than ninety feet high and of greater 
slope than three inches to the foot and less slope than thirty degrees 
with the horizon, shall, if made of timber construction, have a fire proof 
covering upon the roof boards or between the rafters which shall be 
made either of mortar or porous terra cotta or plaster boards and which 
shall be at least two inches thick. If this covering is made upon the 
roof boards, wooden strips shall be inserted and securely fastened to 
the wooden substructure at regular intervals between the fire proof 
covering and a weather proof covering of sheet metal, slate or glazed 
tile shall be securely fastened thereto. The roofs of buildings sixty 
feet or less in height, if of greater slope with the horizon than sixty-five 
degrees, and the roofs of buildings more than sixty feet in height if of 
greater slope than thirty degrees with the horizon, shall be made as re¬ 
gards construction and covering entirely of fire proof material. In 
the case of buildings which are entirely fire proof in their construction 
and of which the roof is also entirely of fire proof construction the roof 
may rise above the limit of height of wall fixed, by this chapter, for 


76 


GENERAL ORDINANCES. 


such buildings at a slope not to exceed thirty degrees with the horizon, 
and to a height not exceeding ten feet above limitation of height of 
such wall. The space enclosed by such roof above the legal limitation 
of the height of such wall may be used as an enclosure for pipes, venti¬ 
lating or elevator machinery, of for ventilating ducts, but it shall not be 
lawful to use said attic space for purposes of storage, business or resi- . 
dence. 

350. Roof, carrying water from.l The water from all roofs 
shall be carried to street sewers in metal conductor pipes, which must 
be continually maintained in such condition that leaks therein will not 
cause the water to soak into the walls or any other part of any building. 

351. Sheet metal cornices—gutters.] Where sheet metal cor¬ 
nices or external sheet metal gutters are used, their entire frame work 
and covering shall be of metal, and the walls shall extend behind all 
such cornices or gutters along their entire height, and a water tight 
junction shall be made at the line of the wall, between the roofing ma¬ 
terial and the sheet metal covering of such cornices, or the sheet metal 
forming such gutters. All metal work in and about any cornice, gut¬ 
ter, eave or parapet, or in or about any bay, or oriel window, shall be 
riveted together with rivets not more than three inches apart, and shall 
be supported by iron brackets of ^xij (or heavier) iron, placed not 
more than four feet apart, and firmly secured to the wall. All dentils, 
brackets, medallions or rosettes shall be flanged and securely riveted 
to main cornice, bay or oriel window. Wood shall not be used as the 
support of any gutter or cornice other than for such gutters as are on 
the inside of fire walls, for buildings of Class I, one hundred feet or less 
in height, or for Classes II, III and IV, ninety feet or less in height. 

352. Towers, domes, spires.] Towers, domes and spires may 
be built on top of the roofs of buildings of Classes I, II and III, but 
shall not occupy more than one-quarter of the street frontage of any 
building, and none shall in any case have a base area of more than 
one thousand six hundred square feet. And such towers, domes or 
spires, if any part thereof is built to a height of more than sixty feet 
and less than ninety feet, shall be of slow burning construction, and if 
of greater height than ninety feet above the sidewalk shall be of 
fire proof construction, and in all cases where the area of such spire, 
dome or tower exceeds one hundred square feet, its supports shall be 
carried down to the ground, and shall be, if the construction supported 
is more than sixty feet and less than ninety feet high, of slow burning 
construction, and if more than ninety feet 'high, of fire proof con¬ 
struction. 

353. Skylights.] Skylights made at the foot of light wells or 
light courts shall be made either of prismatic lights set in cast iron 
frames, or of glass at least five-eighths inch thick set in metallic 
frames; and h the latter are used, they shall be protected against in¬ 
jury from falling bodies by wire nettings placed at least six inches 
above the glass of such skylight and firmly and rigidly supported on 


BUILDINGS. 


77 


iron stanchions and frame work; such netting to be made of wire not 
lighter than No. 8 and mesh not coarser than ijxij inches. All other 
skylights shall have metallic frame, sash and curbs, glazed with glass not 
less than one-quarter inch thick, except in the case of skylights which 
occur in courts or in other places below the roofs of buildings to which 
they belong; such skylights shall be glazed with glass not less than 
one-eighth inch thick, t his glass shall be protected against breakage 
by wire netting placed at least six inches above the glass of such sky¬ 
light and firmly and rigidly supported on iron stanchions and frame 
work, such netting to be made of wire not lighter than No. io and the 
mesh not coarser than i^xi£ inches. 

354. Bay and oriel windows, walls of.] The walls of all bay 
and oriel windows shall be constructed entirely of incombustible mate¬ 
rials. The limitations of the dimensions of bay windows and the 
position of bay windows projecting over the street line of any building 
shall be as follows: 

First—No such bay or oriel window shall be at a less distance than 
twelve feet from the sidewalk grade. 

Second—No such bay or oriel window shall project more than three 
feet over the street line of any building. 

Third—No such bay or oriel window shall have a greater street 
frontage than fifteen feet. 

Fourth—There shall not be more than one bay or oriel window for 
any twenty-five feet of frontage, and no two bay windows shall be 
built nearer to each other than five feet. 

Nothing herein contained shall, however, limit the number or size of 
bay and oriel windows Which are built in such manner as not to project 
over the street line of the buildings of which they form part, but the 
structural parts of such bay or oriel windows shall also be made of 
incombustible material. 

355. Cornice, belt course, balcony—projection of.] No cor¬ 
nice, belt course, or balcony shall project more than three feet over 
the street line of any building, and no cornice, balcony, string course, 
portico or veranda, if projecting over the street line of any building, 
shall be built in its entirety of other than incombustible material. It 
shall, however, be permitted to build verandas, porticos and balconies 
upon buildings less than sixty feet in height of combustible material, 
provided that no part thereof project over the street line of the build¬ 
ings of which they form part. 

356. Veranda—portico.] If verandas or porticos are to be en¬ 
closed the filling or enclosing walls must be made of incombustible 
material, the only exception being in case such porticos or verandas 
are to be made part of a storm house or of a storm door enclosure, 
which, however, shall in no case be more than twelve feet high, nor 
shall it occupy a greater frontage than two feet more than the width of 
the inner doors for which the storm doors are made. 

357. Sidewalk space, prohibited use.] The use of any part of 
the sidewalks for steps or for open areas is prohibited, but porticos 


78 


GENERAL ORDINANCES. 


or other entrance features, if not more than thirty? feet in height, may 
be made to project upon the sidewalk eighteen inches, but no more. 
The foregoing prohibition for the use of sidewalk space for steps or 
areas shall not apply to existing buildings, but if material alterations in 
or additions to existing buildings are to be made, then such steps and 
open areas shall be made to conform to the provisions of this chapter. 

358. Space under sidewalk, covering of same.] In all cases 
where the space under sidewalks is connected with the basement 
of any building, the covering of the same and all the supports of such 
covering shall be made entirely of incombustible material. 

359. Chimneys.] No chimney shall be built with walls less than 
four inches thick, nor shall the top of any chimney be lower than five 
feet above the top of the roof of the building of which it is part, if 
such roof is a flat roof; if the roof be a pitched roof, the chimney tops 
shall extend at least two feet above the same. Joists or timbers of 
any kind are not to rest upon the walls surrounding any chimney, 
and are, in all cases, to be kept at least two inches distant from the 
outer face of the same, and such timbers shall also be kept at least 
eight inches distant from the interior of the flues. Chimneys having 
four inch walls shall have safeguards against the spread of fire to adja¬ 
cent wood work as follows: If the interior of such flues is lined 
throughout their entire length with terra cotta flue liners, no further 
protection shall be necessary. If, however, there are no flue liners, 
then the inside of such chimney shall be plastered with mortar and the 
outside shall be first covered with metallic lath and shall be plastered 
after the application of such lath. Flues of greater area than one 
hundred and fifty square inches and smaller than five hundred square 
inches shall be surrounded with walls not less than eight inches thick 
and shall be otherwise treated the same as specified for flues having 
walls four inches thick, and the tops of such chimney shall extend at 
least five feet above the highest part of any roof within fifty feet of 
such chimney. Flues of greater area than five hundred and less than 
one thousand six hundred square inches shall have hollow walls, in 
which there shall be at least sixteen inches thickness of brick work 
and four inches hollow space all around such flues. From a distance 
of two feet below the smoke inlet and for a height of twenty feet above 
the same, such chimneys shall be lined with fire bricks laid in fire clay. 
At a height of fifty feet above the smoke inlet the thickness of sur¬ 
rounding brick walls of such flues may be reduced to* twelve inches, 
but in all cases the surrounding walls of chimneys of this or any other 
size shall be so proportioned that the brick work in the same will not 
be subjected to stress greater than the maximum stress for brick 
work elsewhere fixed in this chapter. The tops of such chimneys shall 
extend to a height of not less than twelve feet above any roof within 
a radius of sixty feet thereof. For chimneys of greater area than one 
thousand six hundred square inches, the thickness of walls shall be in¬ 
creased, above the thickness specified in the preceding paragraph, four 
inches for each increase in area of one thousand square inches or 


BUILDINGS. 


79 


fractional part thereof, and the internal fire brick lining shall be made 
at least thirty feet high above the smoke inlet. If an internal smoke 
pipe of cast iron or steel is used so much of the brick work as is 
inside of the insulating cavity of the stack may be omitted. Wrougut 
iron or steel smoke stacks shall, however, be lined with fire bricks for 
the first thirty feet of their height. The foregoing applies only to 
chimneys which are enclosed by or form part of the interior of any 
building. 

360. Chimneys outside of building.] Chimneys may be built 
outside of the walls of existing buildings (but not in such manner as 
to encroach upon any street or alley) and shall be built as follows: If 
at least one side of such chimney abuts entirely upon the wall of an 
existing building, and the chimney is throughout its entire length 
securely and firmly anchored to the walls of said existing building, the 
walls of such chimney may be built of hollow tiles, in which case, how¬ 
ever, it shall have a cast iron base lined with fire brick and extending 
to a height of at least ten feet above the street or alley grade. Such 
external chimney may, also, be built of rolled steel or iron not less 
than one-quarter inch thick and lined with fire bricks, laid in fire clay, 
for at least forty feet above street or alley grade, or it may be built 
throughout its entire height of cast iron, in which case the first ten 
feet above street or alley grade shall be lined with fire brick, laid in 
fire clay. In all cases the height of such chimneys shall follow the 
regulations hereinbefore given as to relations between top of chimney 
and roofs of buildings. If isolated chimneys are built, they shall also 
hare hollow walls and shall be so designed and constructed that the 
stress upon any part thereof, due from the weight of the stack itself 
and from wind pressure, shall never exceed the limits elsewhere in this 
chapter fixed as the maximum stress for brick masonry. The founda¬ 
tions of smoke stacks, whether inside or outside of buildings or whether 
connected with the same or isolated, shall be designed and built in 
conformity with the provisions relating to foundations of buildings 
hereinbefore given. 

361. Metallic chimneys or smoke pipes.] Metallic chim¬ 
neys or smoke pipes shall not be used inside of any building in such 
manner as to pass through the floors or roofs of the same, unless such 
metallic smoke pipes or chimneys are enclosed in brick or tile walls 
with an air space between the enclosing walls and the smoke pipe 
from bottom to top. 

362. Smoke pipes through partition—protection.] Where 
smoke pipes of diameter twelve inches or less pass through a wood 
or a plastered stud partition, they shall be surrounded either by a body 
of brick, hollow tile, porous terra cotta or other substance, measur¬ 
ing at least four inches all around such smoke pipe. Or they shall be 
surrounded by a sheet metal thimble made of two concentric rings 
of sheet metal, at least four inches apart, and the entire thimble so 
constructed that there will be a free circulation between the two 
rings forming the same. Smoke flues of less diameter than twelve 


80 


GENERAL ORDINANCES. 


inches shall be kept at least twelve inches distant from any wood 
work, and such wood work immediately over and for a distance of 
two feet on each side of such smoke pipe must be covered with sheet 
metal or with porous terra cotta or hollow tile or with plaster. 
Smoke pipes of greater diameter than twelve inches and less area 
than six square feet must be kept at least twenty inches away from 
any wood work, and such wood work must be protected as before 
specified for the smaller smoke pipes to a distance of four feet on 
each side of such smoke pipe. Wherever smoke pipes of larger 
area than six square feet are used, they shall be kept at least three 
feet distant from any wood work, and such wood work for a distance 
of at least six feet on each side of said smoke pipe shall be protected 
as before specified for smaller pipes. 

363. Structures in which fires are maintained.] Wherever 
steam boilers or furnaces or ovens, coffee roasters or other structures 
in which fires are maintained, are set inside of a building or in a 
room with wooden floor or ceiling construction, the floor of the same 
shall be protected by a covering of brick or concrete not less than 
five inches thick set in mortar upon a continuous sheet metal bearing 
plate not less than three-sixteenths of an inch thick, all the joints 
of which shall be securely riveted and the edges of which shall be 
turned up five inches all around. This foundation of sheet metal 
and brick and concrete shall extend under the whole of the fire box 
and ash pit of such steam boiler or furnace or other structure, and 
to a distance of not less than ten feet in front and at least four feet on 
the other three sides of the same. The space between the tops of such 
steam boilers or furnaces and any wood ceiling construction shall in 
no case be less than three feet, and the underside of such wood 
ceiling construction shall in all cases be protected either by two con¬ 
secutive coatings of plastering on metallic lath, which shall be kept 
at least two inches distant from each other, and which metallic lath 
shall be applied by means of metal furring strips, or this protection 
of the wood work snail be made by a covering of at least two inches 
of porous terra cotta plastered on the underside, or by a covering of 
hollow tile with two air spaces at least half an inch each between 
the wood and the under surface thereof, which under surface shall 
also be covered with a heavy coat of plastering. 

364. Cupola of foundry.] Cupolas of foundries shall extend 
at least ten feet above the highest point of any roof within a radius 
of forty feet of such cupola and shall be covered on top with a wire 
netting. 

365. Hot air pipes.] Where pipes are used for the distribution 
of hot air in buildings, such pipes must be made of metal and double. 
The space between the two metal pipes shall be at least half an inch 
and the two pipes shall be kept apart from each other by the insertion 
of metallic separators extending all around such pipes at distances of 
three feet apart, and the interior of the main pipe shall be provided 
with braces, one for every three feet in length of the pipe. Such pipes 


BUILDINGS. 


8! 


shall be made with air tight joints and be securely fastened to the par¬ 
titions through which they pass. 

366. Hot air registers—floor openings.] The openings in the 
floors for hot air registers shall be surrounded with borders of in¬ 
combustible material not less than two inches wide, and firmlv and 
securely set in place, and bedded in plaster of paris. The register 
boxes shall be double, the distance between the two thicknesses of tin 
being at least one inch. Where the air conveyed through pipes is 
heated in an ordinary hot air furnace, or in any other apparatus by 
direct contact of the air with a fire box, the material used for these 
double ducts, pipes and register boxes shall be bright tin, and the 
joints shall be double seamed, but not soldered. Where the air is 
heated by contact with hot water or steam pipes, any other sheet 
metal may be used for the pipes, and the use of double pipes shall 
not be obligatory. 

367. Stoves and ranges—floor beneath.] The floors under 
all stoves and ranges shall be protected by a covering of incom¬ 
bustible material, which covering shall extend at least two feet in 
front and one foot on each side of such stove or range. Stoves shall 
be kept at least two feet distant from any wood work, and such wood 
work shall be covered either with tile, plastering or sheet metal. 

368. Surrounding walls—thickness.] The following regu¬ 
lations shall govern the construction of buildings belonging to Class 
I: The thickness of their surrounding walls and of all dividing 
walls in the same, carrying the load of floors or roof, shall be made 
as indicated by the following table, to wit: 



Base¬ 

ment. 

Stories. 

1st. 

2nd. 

3rd. 

4th. 

5th. 

6th. 

7 th. 

8th. 

9th. 

10th. 

nth. 

12th. 


12 

16 

16 

20 

24 

24 

24 

24 

28 

28 

28 

32 

12 

12 

16 

20 

20 

20 

20 

24 

24 

28 

28 

28 













12 

12 

16 

20 

20 

20 

24 

24 

28 

28 

28 











I wo-siory. 

12 

16 

16 

20 

20 

20 

24 

24 

24 

28 










l nree-siory. 

12 

16 

16 

20 

20 

20 

24 

24 

24 









r our-siory. 

Five-story. 

Six-story. 

Seven-story. 

Eight-story. 

Nine-story. 

Ten-story. 

Eleven-story. 

Twelve-story- 

16 

16 

16 

20 

20 

24 

24 

24 








16 

16 

16 

20 

20 

20 

24 

16 

16 

16 

20 

20 

20 

i6 

16 

20 

20 

20 

i6 

16 

16 

20 

16 

16 

16 

16 

16 

• • • p 

16 


369. Stairs, elevator shafts, shaving pits, walls of.] The 
walls surrounding stairs, and also the walls of elevator shafts and shav¬ 
ing pits, shall not be less than eight inches thick, and their thickness 
shall be increased with increase of height to a sufficient extent to keep 

6 


























































82 


GENERAL ORDINANCES. 


the load on the brick work within the maximum load elsewhere herein 
specified. No eight inch wall shall be more than two stories high, nor 
more than twelve feet high between lateral supports. Walls sur¬ 
rounding ventilating ducts, and rubbish and ash chutes shall be con¬ 
structed in accordance with the regulations governing the construction 
of smoke flues elsewhere herein contained. 

370. Walls, thickness reduced, when.] If buildings of Class 
I are erected of less depth than one hundred feet from front to rear or 
between cross walls, or if the walls supporting their floors and roof are 
less than twenty-five feet apart, the thickness of walls given in the 
aforesaid table may be reduced by four inches, provided that no wall 
in such buildings shall be less than twelve inches thick. 

371. Ice storage house.] Houses to be used exclusively for 
the storage of ice may be constructed of wood with incombustible roof¬ 
ing, the walls to be enclosed with an envelope of incombustible ma¬ 
terial; eight inch brick walls with proper foundations of masonry may 
be used for such envelopes; iron or slate may be used, but no coat¬ 
ing of mineral substance, or “fire proof paint,” so called, shall be con¬ 
sidered as incombustible, and such houses shall be used for no other 
purpose than the storage of ice. 

372. Workshops, salesrooms—stair cases.] In buildings of 
Class I, which are used as workshops or in which, if they are used as 
salesrooms, there is an occupation of the same at any time by one 
hundred or more persons, there shall be at least two stair cases, each 
not less than three feet wide. If the number of persons occupying such 
buildings exceeds three hundred, then the width of the stairs in the 
same shall be increased to five feet. If the number of persons occupy¬ 
ing such premises exceeds eight hundred, three stairways five feet in 
width shall be constructed. And, if the number of persons occupying 
such premises exceeds twelve hundred, they shall be governed as re¬ 
gards the number, size and construction of stairways, by the regula¬ 
tions laid down for buildings of Class IV. In all cases the stairs shall 
be located at as great a distance as practicable from each other. The 
foregoing specifications as to stairs apply to non fire proof buildings 
only. For fire proof buildings one less flight of stairs than above 
called for shall be required in each case. 

373. Stairs and fire escapes, obstruction of.] It shall be 
unlawful, under any circumstances, to close up or obstruct the stairs, 
fire escapes or the approaches leading thereto of any building during 
its occupation for business purposes, and no change in the position or 
construction of either of them shall be made, unless permission so to do 
shall first be obtained from the commissioner of buildings. 

374. Door openings at street level.] The aggregate width 
of door openings at the street level in buildings of Class I shall be 
equal to the aggregate width of stairways hereinbefore specified, and 
such doors shall not be locked during business hours or while such 
buildings are occupied by large numbers of people. 

375. Increase of height, rules to govern.] In all cases 





BUILDINGS. 


83 


where buildings of Class I, already built, of ordinary construction, are 
to be increased in height above the height of sixty feet or above the 
height of one hundred feet, the additional parts of such buildings shall 
be constructed as herein provided for buildings over sixty feet high or 
over one hundred feet high, respectively, and shall be made to con¬ 
form in all respects and throughout their entire extent to the re¬ 
quirements of buildings of this class more than sixty feet or one hun¬ 
dred feet high, respectively, before it shall be lawful to occupy them. 

376. Ceiling and roof, space between.] In buildings of 
Class I, if the enclosed space between the ceiling and the roof is of less 
average height than six feet, then the ceiling and the roof and all the 
structural parts of the same shall be made either of “mill construction*’ 
or “slow burning construction;” and in all cases, means of access satis¬ 
factory to the fire marshal shall be given to this space between ceiling 
and roof. 

377. Iron shutters, when.] Whenever the distance between 
doors and windows of buildings on opposite sides of alleys or courts 
shall be thirty feet or less, such door or window openings shall be pro¬ 
vided with iron shutters. 

378. Dividing walls.] Dividing walls shall be required in 
buildings of Class I as follows: In buildings of ordinary construction 
if their floor area exceeds nine thousand square feet; in buildings of 
slow burning Or mill construction if their area exceeds twelve thousand 
square feet; in fire proof buildings if their area exceeds fifteen thousand 
square feet. In each of the above mentioned cases such buildings shall 
be subdivided by brick walls built of the thickness given in the table for 
the thickness of enclosing walls, and all doors and other openings in 
such walls shall have iron doors or shutters on each side of same. And 
the buildings so subdivided shall be treated as regards stairs and fire 
escapes the same as two or more separate buildings. 

379. Dividing walls—openings.] If openings are to be in¬ 
serted in' dividing walls, as above described, or in dividing walls be¬ 
tween non fire proof and fire proof buildings or parts of buildings, 
they shall be made as follows: They shall have doors placed on each 
side of each opening in such walls, which doors shall be made of No. 
12 plate iron with a continuous 2x2xJ inch angle iron frame extending 
all around the same and the plate riveted thereto with half inch rivets, 
placed four inches between centers. If such doors are made double 
they must have cross bars, levers and hooks so arranged that when 
the doors are closed, they will be of strength equal to that of a single 
door. All doors must be hung on frames made of jx 4 inch iron stif¬ 
fened with an angle iron extending all around the same and fitting up 
snug to the wall. The frames must be fastened to each 
other by bolts extending through the wall, such bolts being not more 
than two feet apart, and such doors must swing on three hinges 
and must be made to fit closely to the frame all around. The sills 
between the doors must be of brick, iron, stone or concrete, and must 
rise at least two inches above the floor on each side of each opening. 


84 


GENERAL ORDINANCES. 


The lintel over the door must be made of brick, iron or stone, and 
the wall between the two door frames must be covered with a coat 

of plaster at least half an inch thick. ..... 

380. Buildings for storage of grain.] Elevator buildings 
(which term shall be interpreted as including all buildings intended 
solely for the receipt, storage and delivery of grain in bulk) may be 
constructed with bin walls, both externally and internally, made 
gjjtirely of wood, provided such walls are made solid and without 
cellular open spaces within them. The external bin walls shall have 
a covering of brick or hollow tile not less than twelve inches thick, 
which shall be united to the bin walls by anchors, in the construction 
and arrangement of which due allowance shall be made for the 
variations of shrinkage of the enclosing wall and of the wooden bin 
wall. If the weight of the bins is independently carried on a skele¬ 
ton construction of timber, steel or iron, the first story walls shall 
be of brick, not less than twenty inches thick. If the outer walls 
of the outside bins and their facing are not carried on a skeleton 
construction, then the first story walls shall be not less than twenty- 
eight inches thick, and as much thicker as may be required to keep 
the load upon the brick work within the limits of stress elsewhere 
specified in this chapter. The cupola or enclosure walls of elevator 
buildings shall be made of hollow tile not less than six inches thick, 
which shall be anchored to the frame work as above specified. The 
outside openings in elevator buildings shall have protections of wire 
netting made of No. 14 wire with meshes not over JxJ inch. All 
openings in the body of first story of elevator buildings, all openings 
in the engine and boiler houses of the same, and all openings between 
the latter buildings and the main buildings shall have iron doors. 

381. Buildings, Class II, enclosing walls.] Buildings of Class II 
shall conform to the following requirements. The thickness of en¬ 
closing walls of buildings of this class shall be made in accordance 
with the following table, to wit: 



Base¬ 

ment. 

STORIES. 

1st. 

2nd. 

3rd. 

4th. 

5th. 

6th. 

7 th. 

8th. 

8th. 

10 th. 

11 th. 

12 th. 

Basement and... . 

12 

8 



I 








Two-story. 

12 

12 

8 











Three-story. 

16 

12 

12 

8 










Four-story*. 

20 

16 

16 

12 

12 









Five-story. 

20 

16 

16 

16 

12 

12 








Six-story. 

20 

20 

16 

16 

16 

12 

12 







Seven-story. 

24 

24 

20 

20 

16 

16 

12 

12 






Eight-story. 

24 

24 

24 

20 

20 

16 

16 

12 

12 





Nine-story . 

28 

24 

24 

20 

20 

20 

16 

16 

12 

12 




Ten-story. 

28 

24 

24 

24 

20 

20 

20 

16 

16 

12 

12 



Eleven-story. 

28 

28 

24 

24 

24 

20 

20 

20 

16 

16 

12 

12 


Twelve-story . 

32 

28 

28 

24 

24 

24 

20 

20 

20 

16 

16 

12 

12 

























































BUILDINGS. 


85 


382. Stairs and elevators, walls of.] If the walls enclosing 
stairs or elevators are made of brick, they shall be not less than eight 
inches thick, and no such eight inch wall shall be more than twenty- 
four feet in height. Twelve inch walls used for enclosing stairs or 
elevators shall be not more than forty feet high; and in no case shall 
the load on any such wall or part thereof exceed the limits elsewhere 
herein specified for the maximum stress on brick masonry. 

383. Enclosing walls, joist supports.] If in buildings of Class 
II the distance between enclosing walls is more than twenty-four 
feet in the clear, there shall be intermediate supports for the joists, 
which supports shall be either brick walls or iron or steel columns 
and beams. If brick walls are used for this purpose they may, in 
all cases where the thickness of walls is given in the table as sixteen 
inches or more, be made four inches less in thickness than the dimen¬ 
sions stated in the table. 

384. Apartment houses, hotel, lodging houses—dividing 
walls.] In all apartment houses, the dividing walls or partitions 
between the apartments provided for each family shall be made en¬ 
tirely of incombustible material, or of stud partitions filled the full 
thickness and height with mineral wool and plastered on metal lath. 
In the absence of definite subdivisions between the apartments of 
different families, eight rooms shall be counted as the equivalent of 
one apartment. In boarding houses, lodging houses, and hotels, 
sixty feet or less in height, there shall be, for every eight rooms in 
any one story, dividing walls or partitions of incombustible material 
separating these eight rooms from the contiguous spaces. 

385. Hotels, lodging and boarding houses—fire stop.] In 
hotels, lodging houses and boarding houses ninety feet or less in 
height, there shall be a fire stop of brick, concrete or tile between the 
ceiling and floor in each floor of joists for each twenty-five feet or frac¬ 
tional part thereof measured in the direction of the length of joists. 

386. Stairs.] Stairs in buildings of Class II shall be adapted, 
in number and width, to the area, height and to the uses to be made 
of the building in which they occur: For office buildings, by which 
shall be understood buildings divided into apartments intended for 
business uses only, and in which there shall be no sleeping apartments 
whatever, there shall be in buildings of ordinary construction and of 
less ground area than two thousand square feet, one flight of stairs not 
less than five feet wide, or two flights not less than three feet wdde each; 
and for office buildings of ordinary construction and of greater ground 
area than two thousand square feet, there shall be an additional flight of 
stairs for each additional two thousand square feet of ground area or 
for any fractional part thereof. For office buildings of slow burning or 
mill construction there shall be at least one flight of stairs not less than 
five feet wide or two flights not less than three feet wide for the first 
three thousand square feet of ground area, and an additional flight of 
stairs shall be required for each additional three thousand square feet of 
ground area or fractional part thereof. For fire proof office buildings 


86 


GENERAL ORDINANCES. 


there shall be one flight of stairs not less than five feet wide for the first 
five thousand square feet of ground area and an additional flight or 
each additional five thousand square feet of ground area or fractional 


part thereof. ^ , ..... c 

387. Building, Class II— stairs.] For all other buildings of 

Class II, there shall beJ for each building at least two flights of stairs 
which, for buildings of two thousand square feet or less in ground area 
shall be at least three feet wide each with an increase of six inches in 
width for each addition of five hundred square feet to the ground area 
of the building up to a ground area of three thousand square feet, and 
after that there shall be an additional flight of stairs not less than three 
feet wide for each additional two thousand square feet of floor area or 
fractional part thereof. In all cases where buildings of Class II a re 
built entirely of fire proof construction the number of stairs herein 
provided may be reduced by one flight from the number herein speci¬ 
fied for non fire proof buildings. 

388. Windows.] In buildings of Class II no room shall be con¬ 
sidered habitable or used as a habitation unless it has at least one win¬ 
dow of an area equal to one-tenth of the superficial area of such room, 
opening into the external air. 

389. Air space.] No space of less area than forty square feet 
for each three story building, or less area than fifty square feet for each 
four story building, and so on, increasing ten square feet for each addi¬ 
tional story in height, shall be considered as affording means of com¬ 
munication with the outer air, and such open spaces or light shafts, if 
covered with a skylight or roof of any kind, shall not be considered as 
fulfilling the provisions of this chapter. 

390. Building, Class I—floor strength.] No building of 
Class I shall be built with a strength of floor construction in any part 
thereof less than sufficient to carry, within the limits of stress for the 
different materials elsewhere herein specified, a load of one hundred 
and fifty pounds for each square foot of floor surface; and the strength 
of such buildings shall be increased above the capacity to carry one 
hundred and fifty pounds per square foot of floor surface, if the uses 
to which such building or part thereof is to be applied involve greater 
stress. 


391. Notice of floor strength.] It shall be the duty of the 
owner of every building of Class I already constructed or hereafter to 
be constructed, or of his agent or of the occupant of the same, to affix 
and display conspicuously on each floor of such building a placard stat¬ 
ing the load per square foot of floor surface which may with safety be 
applied to that particular floor, or if the strength of different parts of 
any floor varies, then there shall be such placards for each varying part 
of such floor. It shall be unlawful to load any such floors or any 
part thereof to a greater extent than the load indicated upon such pla¬ 
cards. It shall be the duty of occupants of buildings to maintain such 
placards during their occupation of the premises, and the owners of 
buildings or their agents to cause the same to be properly affixed with 


I 


BUILDINGS. 


87 


each change of occupation. It shall be part of the duty of the architects 
of all buildings to calculate the figures for such placard, which are to be 
verified and approved by the commissioner of buildings before they 
are affixed upon the respective floors of the different buildings. 

392. Buildings generally—floors.] For buildings of Classes 
II, III and IV, including frame buildings outside of the fire limits, 
the floors shall be designed and constructed in such a manner as to be 
capable of bearing in oil their parts, in addition to the weight of par¬ 
titions and permanent fixtures and mechanisms that may be set upon 
the same, a live load of seventy pounds for every square foot of surface 
in such floors. In determining the strength of posts and the area of 
foundation for many storied buildings in buildings of Classes II, III 
and IV, allowances are to be made for the fact that the before men¬ 
tioned live load of seventy pounds per square foot is but an occasional 
load, which rarely occurs simultaneously upon corresponding parts 
of many floors, and if so, for a very brief period only. 

393. Roofs of buildings of all kinds—bearing power.] The 
roofs of all buildings of every kind and class, including frame buildings 
outside of the fire limits, shall be designed and constructed in such 
manner that they will bear a load, in addition to their structure and 
covering, of at least forty pounds for each square foot of horizontal 
surface, without straining the materials of construction beyond a point 
twenty per cent, less than the limits elsewhere fixed in this chapter. 

394. Alteration not required—if made must conform hereto.] 
Excepting in cases where the immediate safety of the occupants of 
buildings is concerned, nothing in this chapter shall be considered as 
requiring alteration in the construction or equipment of buildings ex¬ 
isting at the time of the passage of this ordinance, and which, when 
built, complied with the ordinance then in force. If, however, it is de¬ 
sired to enlarge or in any manner materially modify the construction of 
any existing building, or to make any change in its use or occupation 
which will transfer it from one class, as provided by this chapter, to 
another, then before such enlargement or structural change or modifi¬ 
cation of the building is made, or before such change in its use or oc¬ 
cupation may be made, the entire building shall be reconstructed or 
modified in such manner as to bring the same, when enlarged or 
altered, or when occupied for its new and different purposes, in ac¬ 
cordance with the provisions of this chapter. 

395. Alteration—increasing thickness of wall.] If the walls 
of such building are not of sufficient thickness to comply with the 
requirements of this chapter for the enlarged or modified building, 
then the thickness of the existing walls shall be increased by building 
alongside of them a new wall, which shall not, however, be less in any 
part thereof than twelve inches thick, and which shall be increased 
in thickness by four inches for at least every forty feet in height of 
such wall. Such new wall must be laid in cement mortar, and must 
be anchored to the old wall; and, if an increase in the height of the 
building is contemplated, the wall from the top of the old wall shall be 


88 


GENERAL ORDINANCES. 


built jointly upon the new and old walls. If solid masonry buttresses 
are introduced in connection with such thickening and strengthening 
of existing walls, the intervening wall may be reduced to eight inches 
in thickness, provided such buttresses are sufficient in number and in 
area to make the resultant structure of equal strength with the solid 
wall already specified. 

396. Hollow tile wall in lieu of brick.] If a steel or iron 
skeleton construction is used for the support of the interior of the 
building to be added to or modified as before stated, then if the pillars 
of said skeleton are fire proofed all around the same, and if the skeleton 
construction is itself fire proofed, a hollow tile wall not less than ten 
inches in thickness made up of three thicknesses of three inch hollow 
tile, bonded in such manner as to break joints, may be substituted for 
the brick wall before specified. 

397. Party wall.] The foregoing shall also apply to all cases 
where existing party walls are to be joined to for the erection of new 
buildings. But, in the case of party walls which at the time of their 
erection were built in accordance with the terms of the building ordi¬ 
nance then in force, such walls, if sound and in good condition, may be 
used without increase of thickness for any building not higher than, 
and of the same class as, the building for which the original wall was 
built. 

398. Increase of walls—foundation.] In all cases where there 
is such increase of -walls, a new foundation shall be built in such 
manner as to carry jointly both the new and old walls, and the soil 
under such foundation shall not be loaded beyond the limits elsewhere 
herein specified. 

399. Buildings, Class III—walls, stairs.] Buildings of Class 
III shall h'-ve walls not less in thickness than those given in the table 
of thicknesses of walls for buildings of Class II. Buildings of Class 
III may be built of ordinary construction. Stairs in the same shall not 
be less than three feet wide, and if any building of Class III is more 
than two stories high above the basement story it shall not have less • 
than two flights of stairs. 

400. Buildings, Class IV — subdivision—walls.] Buildings of 

Class IV shall be divided into two special classes: Class IVa shall 
embrace all buildings of Class IV in which no movable scenery is 
used upon the stage thereof. 

Class IVb shall embrace all buildings of Class IV in which mova¬ 
ble scenery is used. The outside walls of all buildings of Class IV, the 
roofs or ceilings of which are carried on trusses or girders of a span 
of fifty feet or more, shall have walls as follows: 

If the walls are less than twenty-five feet high, they shall be not less 
than twenty inches thick. 

If more than twenty-five feet and less than forty-five feet high, not 
less than twenty-four inches thick. 

If more than forty-five feet and less than sixty feet high, not less than 
twenty-eight inches thick. 


BUILDINGS. 


89 


If the walls are over sixty feet and less than seventy-five feet high, 
not less than thirty-two inches thick. 

If more tnan seventy-five feet and less than ninety feet high, not less 
than thirty-six inches thick. 

An increase of four inches in thickness of walls shall be made in all 
cases where walls are over one hundred feet long without cross walls 
of equal height. 

For rooms less than fifty feet wide, the thickness of walls before 
given may be reduced by four inches. 

401. Upper stories—wall.] In case there shall be one or 
more stories built above the room devoted to the uses of Class IV, such 
stories being carried on trusses or girders, the thickness of walls shall 
be increased by four inches for each two stories or part thereof above 
every such room. If solid masonry buttresses are employed and 
placed sixteen feet or less apart, and extended to the foot of the 
trusses or girders carrying the ceiling, or if iron or steel pillars are in¬ 
serted in such walls for the support of the superstructure and at dis¬ 
tances not more than eighteen feet between centers, such pillars 
extending to and carrying the superimposed trusses or girders, the 
thickness of such walls may be reduced in proportion to the increase 
of strength afforded by such buttresses or pillars, but in no case shall 
any such wall be less than twelve inches thick in the top story, four 
inches being added, going downward, for each story or for each gal¬ 
lery, or for each twenty-five feet in height of blank wall. 

402. Iron or steel pillars.] If iron or steel pillars are introduced 
in said walls, the brick work around the same shall be bonded into 
that of the connecting walls, and each of such pillars shall have not 
less than eight inches of brick wall around it, the brick being meas¬ 
ured from the extreme outer dimensions of such iron or steel pillars. 

403. Building with seats for 800—two frontages.] Buildings 
of Class IVa, with seats for eight hundred persons or less, shall have 
a frontage upon two public spaces, of which at least one shall be a 
street and of which the other, if it is not a street, shall be a public or 
private alley not less than ten feet wide. 

404. Seating capacity over 800—three frontages.] Build¬ 
ings of Class IVa, of greater seating capacity than eight hundred, and 
all buildings of Class IVb, shall face upon three open spaces, of 
which at least one shall be a public street, while the two others, if not 
streets, must be public or private alleys of a width of not less than 
ten feet each. 

405. Seating capacity not over 600.] Buildings of Class 
IVa, containing not more than six hundred seats, may be built of 
ordinary construction. If they contain more than six hundred and 
less than fifteen hundred seats, they shall be built of slow burning 
or of mill construction. If they contain more than fifteen hundred 
seats, thev shall be built of entirely fire proof construction. 

406. Seating capacity less than 1,000—Class IVb.] Buildings 
of Class IVb, containing less than one thousand seats, shall be of slow 


90 


GENERAL ORDINANCES. 


burning - construction, or of mill construction, and if they contain one 
thousand or more seats, they shall be built entirely of fire proof con¬ 
struction. . 7r 

407. Buildings, Class IV, with uses as of other classes.] It 
buildings of Class IVa or IVb are built in conjunction with or as part 
of buildings devoted to the uses of Class I, II or III, then such build¬ 
ings of Class I, M or III shall be built of fire proof construction, if the 
connected building of Class IVa contains more than fifteen hundred 
seats, or if the connected building of Class IVb contains more than 
one thousand seats. 

408. Building over sixty feet high connected with one of Class 
IV.] Any building higher than sixty feet and connected with or 
made part of any building of Class I\ a or IVb shall be entirely of 
fire proof construction. Any building less than sixty feet in height 
and connected with or made part of any structure of Class IVa or 
IVb shall, if its case is not already covered by other provisions of 
this chapter, be made of slow burning or mill construction. 

409. Such buildings connected—iron doors.] In all cases 
where fire proof construction is not used for the whole of such con¬ 
nected buildings, there shall be at each connecting opening double 
iron doors between such building of Class IVa or IVb and the build¬ 
ing connected therewith. 

410. Spires, cupolas, domes.] Spires, cupolas or domes of non¬ 
fire proof material may be erected as part of any house of public wor¬ 
ship or instruction, if the same is used for these purposes only, and if 
such house of public worship or instruction is so built that it is no¬ 
where nearer than twenty feet to any line of the lot upon which it 
stands, street and alley lines excepted, and such non-fire proof spires 
or domes may be maintained only while this intervening space of 
twenty feet is made and maintained as part of the grounds of the 
owners of such house of public worship or instruction. In case the 
above is complied with, such spire or dome may be built with a 
frame work of combustible material which shall, however, be covered 
on the outside with porous terra cotta, hollow tile or mortar, and 
upon this, with a weather proof covering of sheet metal, slate or 
glazed tile, the same as elsewhere herein specified for roofs of the 
same type of construction. 

411. Spires, etc., when removed—roofs.] If the twenty feet 
of vacant ground, above mentioned as one of the conditions upon 
which the building of spires and domes having a combustible frame 
work is permitted, shall at any time be built upon, then such spire 
or dome shall be taken down. The roofs of isolated buildings of 
Class IVa shall be constructed in the same manner as those herein 
provided for spires, domes and cupolas. 

412. Existing buildings, Class IV—alterations, etc.—floor 
level.] The following limitations of floor levels in buildings of Class 
IV shall be observed in all cases of new construction or reconstruc¬ 
tion, alteration or improvement of existing buildings: The floor 


BUILDINGS. 


91 


level of the auditorium of buildings of Class IVb shall be maintained 
within the limits of the first story thereof, and, in all cases where 
such floors are banked or stepped up, the floor of the lowest banks 
shall not be above the sidewalk level. If the floor of the first story 
is level it shall not be higher than three feet above the sidewalk level. 
The only exception to the foregoing shall be the case of rooms of 
Class IV b containing less than five hundred seats, which, n: fire proof 
buildings, may be located in any story thereof, but in such case there 
shall be at least two fliglVs of stairs from the floor, on wnich such 
auditorium of Class IVb is located, to the ground, and the width of 
such stairs shall be not less than four feet in the clear for each. 

413. Floor levels.] In buildings of Class IV no auditorium 
containing more than one thousand seats shall have the highest part 
of its main floor at a greater elevation than eight feet above the 
adjacent sidewalk grades. No room of Class IVa containing more 
than five hundred seats shall be at a greater distance from the side¬ 
walk grade than thirty feet. No room of Class IVa containing more 
than two hundred seats shall be at a higher level above the sidewalk 
grade than forty-five feet. Exceptions to the foregoing are to be made 
in the case of rooms of Class IVa containing less than five hundred 
seats, which may be located in any part of any fire proof building; 
Provided, however, that there be at least two flights of stairs from 
the level of the same to the ground, each flight not less than four feet 
in width. 

414. Stairways, exits, aisles and passage ways.] Stairs in build¬ 
ings of Classes IVa and IVb shall be in width equivalent to eighteen 
inches for every one hundred seats in such building—fractional parts 
of one hundred being in each case counted as a full one hundred 
seats—but no stairway in such building shall be less than four feet 
wide in the clear. All stairways shall have railings on each side 
thereof. No stairway shall ascend a greater height than eleven feet 
without a level landing, which, if its width is in the direction of the 
run of the stairs, shall be not less than three feet wide, 
or which, if at a turn of the stairs, shall not be of less width 
than that of the stairs. Distinct and separate places of exit and en¬ 
trance shall be provided for each gallery above the first. A common 
place of exit and entrance may serve for the main floor of the audi¬ 
torium and the first gallery, provided, its capacity be equal to the ag¬ 
gregate capacity of the outlets from the main floor and the said gal¬ 
lery. 

415. Aisles, corridors, etc., in buildings, Class IV.] Aisles 
in buildings of Classes IVa and IVb shall be in width equal to eighteen 
inches for every one hundred seats or fractional part thereof, the occu¬ 
pants of which will be required to use such aisles, but no aisle shall be 
less than two feet three inches wide in its narrowest part. Steps shall 
be permitted in aisles only as extending from bank to bank of seats, and 
wherever the rise from bank to bank of seats is less than six inches the 
floor of the aisle shall be made as an inclined plane, and where steps oc- 


92 


GENERAL ORDINANCES. 


cur in outside aisles or corridors, they shall not be isolated, but shall be 
grouped together, and there shall be a lamp at or near every place 
where there are steps in enclosing aisles or corridors. The width of 
corridors, passages, hallways and doors shall be computed in the same 
manner as that herein provided for stairways and aisles, excepting, 
however, that no corridor shall be less than five feet in width, and no 
door less than three feet wide. 

416. Emergency exits.] Emergency exits and stairways shall 
be provided outside of the walls of all buildings of Class IVa seating 
more than one thousand five hundred persons and all buildings of Class 
IVb seating more than eight hundred persons. The aggregate width 
of such emergency exits, which shall be provided for each floor, bal¬ 
cony and gallery of such building, shall be one-half of that provided for 
the main exits, and no emergency exit, door or stairway shall be less 
than three feet in width. The frame work of said stairs shall be made 
of iron, the treads of wood. Said emergency exits are to be kept free 
of obstructions of all kinds, including snow. 

417. Class IV—doors—wall between auditorium and stage.] 
All doors in buildings of Class IV shall open outward. In buildings of 
Class IV there shall be a solid brick wall of the same thickness as that 
called for on the outside walls between the auditorium and stage; and 
in non-fire proof buildings said wall shall extend to a height of six feet 
above the roof. The main curtain opening shall have an iron or as¬ 
bestos curtain and all other openings in said wall shall have iron doors. 

418. Stage floor.] The framing of the floor of every stage upon 
which movable scenery is to be used shall be of iron or steel. The 
stage floor may be of wood, but shall be not less than 3 J inches thick. 
The entire floor construction and floors of fly galleries and rigging 
lofts, and all railings and supports and stanchions thereon, as also all 
sheaves and pulleys and their supports shall be of iron or steel. All 
wood work, including the under side of floor boards and, also, all 
scenery used on or about the stage shall be coated with a fire proof 
paint, the qualities of which shall be submitted to and approved by the 
commissioner of buildings in the manner hereinbefore provided for 
building materials generally. All wood used for floors and floor sup¬ 
port in buildings of Classes IVa and IVb shall be coated on the under 
side with the same kind of paint. 

419. Structures above auditorium.] Structures, of any kind and 
for any purpose whatsoever, erected above the ceiling of any audito¬ 
rium containing five hundred or more seats, shall be entirely of fire 
proof construction and shall not be larger in area than seventy per cent, 
of the area of said auditorium. If any structure is built over the ceil¬ 
ing or roof of any building of Class IVa or IVb, the different members 
of the girders or trusses supporting the same shall have their fire proof¬ 
ing double, in the manner described for pillars of fire proof buildings 
of Class I. 

420. Flues or ducts over stage.] There shall be over the 


BUILDINGS. 


93 


stage of every building of Class IVb flues or ducts extending fifteen 
feet above the top of the highest roof which forms part of such build¬ 
ing, which flues or ducts shall have an area of at least one-thirtieth of 
the total area of such stage. The dampers for opening and closing 
said ducts shall be controllable from a point near the proscenium open¬ 
ing. These dampers shall be made of sheet metal, and the ducts them¬ 
selves of incombustible material, and shall be properly insulated to 
prevent transmission of heat to adjacent combustible substances. 

421. Stage storerooms.! If any part of any building of Class 
IVb shall be used for purposes of storing scenery, properties, furni¬ 
ture, books, papers or costumes, or as a workshop for the maintenance 
and repair of scenery and properties, such places shall be provided with 
automatic sprinklers of a make approved by the commissioner of 
buildings and the fire marshal of the city of Chicago, and the floors 
of such places shall be of brick or concrete and all structural iron or 
steel below, around and above the same shall have its fire proof cover¬ 
ing made double. If said rooms or shops are located in the rear or at 
the side of the stage, they shall be separated from the stage by a brick 
wall, and the openings leading into said portions shall have fire proof 
doors on each side of the openings hung to iron eyes built into the wall. 

422. Exit signs.] All exit openings in buildings of Class IV shall 
have the word “Exit” in letters at least six inches high applied to the 
auditorium side and to the stage side of every such exit. 

423. Stage fire extinguishing apparatus.] There shall be kept in 
readiness for use on the stage of every building of Class IVb at least 
four ( 4 ) casks full of water and two ( 2 ) buckets to each cask. Said 
casks and buckets shall be painted red and marked “Use for fire only.” 
There shall also be provided hand pumps or other portable fire ex¬ 
tinguishing apparatus and, at least, four ( 4 ) axes, and two twenty-five 
( 25 ) feet hooks, and two fifteen ( 15 ) feet hooks, and two ten ( 10 ) 
feet hooks on the floor of the stage and on each tier or floor under or 
over the stage. There shall be in every building of Class IVb a 
chemical fire engine and also a three and one-half inch pipe prepared 
with Siamese twin connections for steam engines, such connections 
being on the street or alley side of such building, and such pipe being 
carried to each fly gallery and to the rigging loft of such building; a 
regulation fire department valve at each, and with hose ready for use 
connected thereto at each of these points and at least two points upon 
the stage and at least two points below the stage. 

424. Stand pipe, hose, etc.] Each building of Class IV shall have 
a water stand pipe and water plug, to be placed on the stage or plat¬ 
form, or in its immediate vicinity, which shall be connected with 
the water pipes or street mains of the city, and shall be put in under the 
direction and to the satisfaction of the fire marshal or commissioner 
of buildings. Hose shall be attached to such stand pipe of such size 
as may be directed by said marshal, and have nozzle and stop-cock 
attached thereto; such hose shall be of sufficient length to extend to 


94 


GENERAL ORDINANCES. 


the farthest limits of such building or place of amusement, and shall, 
at all times, be kept in good order and repair, filled with water under 
pressure and ready for immediate use. 

425. Buildings, Class IVb, fire extinguishing apparatus.] 
All buildings of Class IVb, with accommodations for one thousand or 
more persons, shall have at least one three-inch iron stand pipe and me¬ 
tallic ladder combined on the street or alley side of the building, from 
ground to roof, with hose attachments close to a window or door at 
each floor or gallery. Such buildings shall also be provided with a fire 
alarm telegraph apparatus connected by the necessary wires with the 
headquarters of the city fire alarm telegraph, or such other place or 
places as the fire marshal shall direct. 

426. The same.] It shall be the duty of all owners, agents, lessees 
and occupants of buildings of Class IVb to provide such other fire ex¬ 
tinguishing apparatus at such points about the building as the fire 
marshal shall direct. 

427. Theater—employment of firemen.] It shall be the duty 

•of the owner, agent, lessee or occupant of any building of Class IVb 
with accommodations for one thousand or more persons, to employ one 
or more competent and experienced firemen, approved by the fire mar¬ 
shal, to be on duty at such theater during the entire time it is open to 
the public; said firemen shall report to and be subject to the orders of 
the fire marshal, and shall be in uniform and shall see that all fire ap¬ 
paratus required is in proper place and in efficient working order. 

428. License to limit visitors.] The permit for each building of 
Class IV shall state the number of persons it has accommodations for, 
which number shall be governed by the number and size of its exits, 
doors and passages, and shall be approved by the commissioner of 
buildings. 

429. Building, Class IV, lighting.] Every portion of any 
building of Class IV devoted to the use or accommodation of the public 
and all outlets leading to the streets, including the open courts and cor¬ 
ridors, shall be well and properly lighted during every performance, 
and the same shall remain lighted until the entire audience has left the 
premises. 

430. Electric light—lamps.] Buildings of Class IVb shall be 
illuminated at night entirely by electric light, and shall have at each 
exit, and at the head and foot of each stairway, a metal bracket and 
a candle or a sperm oil lamp kept burning therein during the entire 
duration of any performance. Said provisions shall also apply to build¬ 
ings of Class IV a, seating more than one thousand five hundred per¬ 
sons. 

431. Building, Class IVa, lighting.] For building of Class IVa, 
the dlummation may be either by gas or electricity; all gas or electric 
lights m the halls, corridors, lobby, or any other part of said building 
used by the audience, except the auditorium, must be controlled by a 
separate shut-off located in the lobby, and controlled only in that par¬ 
ticular place. Gas mains supplying the building shall have inde- 


BUILDINGS. 


95 


pendent connections for the auditorium and the stage, and provision 
shall be made for shutting off the gas from the outside of the build¬ 
ing. All suspended or bracket lights surrounded by glass, in the 
auditorium or in any part of the building devoted to the public, shall 
be provided with proper wire netting underneath. No gas or electric 
light shall be inserted in the walls, wood work, ceilings, or in any part 
of any building of'Class IV, unless protected by fireproof materials. All 
lights in passages and corridors in said buildings and whenever deemed 
necessary by the commissioner of buildings, shall be protected with 
proper wire network. The footlights, in addition to the wire net work, 
shall be protected by a strong wire guard not less than two feet distant 
from said footlights, and the trough containing said footlights shall be 
formed of and surrounded by fireproof materials. All border lights 
shall be constructed according to the best known methods and subject 
to the approval of the commissioner of buildings and the fire marshal, 
and shall be suspended for ten feet by wire rope. All ducts or shafts, 
used for conducting heated air from the main chandelier, or from any 
ether light or lights, shall be constructed of metal, and made double, 
with an air space between. All stage lights, if gas, shall have strong 
metal wire guards or screens, not less than ten inches in diameter, so 
constructed that any material in contact therewith shall be out of reach 
of the flames of stage lights, and shall be soldered to the fixtures in all 
cases. 

432. Inspection of lights, fire extinguishing apparatus, etc.] 

The stand pipes, gas pipes, electric wires, hose, footlights, and all ap¬ 
paratus for extinguishing fire, or guarding against the same, as in this 
chapter specified, shall at all times be made and kept in condition satis¬ 
factory to and under the control of the fire department, the commis¬ 
sioner of buildings, and the fire marshal of the city of Chicago. 

433. Movable awnings.] All movable awnings hereafter 
erected shall be elevated at least eight feet above the top of the side¬ 
walk, and shall not project over the sidewalk to exceed three-quarters 
of the width thereof. They shall be supported without posts, by iron 
brackets or by an iron frame work attached firmly to the building, 
so as to leave the sidewalk wholly unobstructed thereby. 

434. Fixed awnings.] Fixed awnings may be constructed over 
sidewalks to protect the entrances of buildings, provided such awnings 
are constructed of metal frame work filled with glass not less than 
three-fourths of an inch thick, and supported entirely by the structure 
of the building, and without posts or other obstructions upon the side¬ 
walk. Such awnings shall be of the width of the entrance which they 
protect and shall extend over the entire width of the sidewalk in front 
of the same. The lowest part of such awnings shall be at least ten 
feet above the sidewalk level. 

435. Railing, fence, etc.—spikes prohibited.] No owner, lessee or 
agent of any building in this city shall erect or maintain, or permit 
to be erected or maintained, on or about the stairway in or the en¬ 
trance to such building, or on or about its exterior building line, or 


96 


GENERAL ORDINANCES. 


upon any portion of the sidewalk adjacent to such building, any rail¬ 
ing, fence, guard or other protection of any kind upon which said rail¬ 
ing, fence, guard or other protection there shall be affixed or placed, 
or in any manner attached any spike, nail or other pointed instrument 
of any kind or description. 

436. Elevator—hatch closers.] Wherever elevators in non fire¬ 
proof buildings, or in fireproof buildings of Class I, are built without 
enclosing walls, there shall be at every floor through which they pass 
automatic hatch closers or automatic doors made in such manner 
that they will fully close each well hole when the temperature in such 
well hole exceeds one hundred and forty degrees Fahrenheit. Be¬ 
fore any doors shall be considered as fulfilling the provisions of this 
chapter they shall be examined by the commissioner of buildings 
and the fire marshal, and if it is found by these officials that such doors 
will automatically close when the temperature at or near the same 
exceeds one hundred and forty degrees Fahrenheit, and that, also, the 
conditions of construction and operation of such doors or hatch clos¬ 
ers are such that there is no reasonable probability of their getting 
out of order and failing to operate when required, and if there is noth¬ 
ing in their application or operation likely to cause accident to, or 
interference with, the elevator service in the hatch holes which they 
are intended to close, then, and in such case only, shall the use of such 
hatch closers or doors be permitted. 

437. Elevator—wall in lieu of hatch closers, etc.] If such hatch 
holes are not supplied with hatch closers or doors, as above described, 
the elevator well shall be enclosed, in all non-fireproof buildings, with 
an entirely self-supporting wall of brick or tile extending from the foun¬ 
dation to a height of six feet above the roof of the building in which 
such elevator is located, and in buildings of fireproof construction the 
walls or partitions enclosing such elevator shafts, which may be of 
light construction, but which must be incombustible, may be carried 
from story to story upon the construction of the same. 

438. Elevator shafts and enclosures.] All elevator shafts and all 
elevator enclosures, of every kind, shall have iron doors which shall be 
made to open from the inside only, excepting only the door upon the 
ground floor of the building, which shall also have a lock to permit 
opening the same from the outside. 

439. Elevator enclosure.] All elevator shafts which are 
not surrounded by walls shall have on all sides, fastened to each floor, 
an enclosure made entirely of incombustible material. 

440. Elevator shaft, roof of.] The roof of each elevator shaft 
shall consist of a skylight. 

441. Building scaffolds.] All scaffolds erected in this city for use 
in the construction, repair, alteration or removal of buildings shall 
be well and safely supported, of sufficient width, and properly secured 
so as to insure the safety of persons working thereon, passing under 
or by the same, and so as to prevent the falling thereof and the fall- 


BUILDINGS. 


97 


ing therefrom of any materials that may be used, placed or deposited 
thereon. 

442. Mode of building.] In the erection of buildings of masonry 
construction no wall shall be carried up at any time more than 
two stories above another wall of the same building. The walls and 
skeleton frame work of all buildings must be kept securely braced 
and otherwise protected against the effects of the weather during all 
building operations. All foundations must be protected against the 
effects of frost, and frozen cement mortar shall not be used in con¬ 
nection with any building operations. 

FIRE ESCAPES AND STAND PIPES. 

443. Stand pipes, ladders, etc.] All buildings, lodging houses 
and hotels of four or more stories in height hereafter to be erected in 
the city of Chicago shall be provided and equipped with one or more 
metallic stand pipes and ladders combined, with cast iron, wrought iron 
or steel balconies, with suitable railings, at each floor, and firmly se¬ 
cured to the outer walls, and in such locations and numbers as shall be 
satisfactory to the commissioner of buildings, the fire marshal and the 
inspector of fire escapes: Provided, that the provisions of this section 
shall not apply to private residences, flats and apartment buildings of 
less than four stories in height. 

444. Inspection certificates.] All such fire escapes shall be put 
up and completed to conform to the buildings for which they are re¬ 
spectively intended, and shall be inspected after completion, and if 
found in a perfectly safe and satisfactory condition, a certificate shall 
be issued by the commissioner of buildings to that effect. 

445. Fire escapes with ladders.] All single and double fire es¬ 
capes with ladders shall be in strict accordance with the following 
specifications: 

446. Anchors—specifications.] There shall be not less than three 
one-inch square or one-inch diameter round wrought iron anchors 
to every six-foot balcony, and six for a twelve-foot balcony. Said 
anchors must pass through the wall of the building and bolt on the 
inside with a three-quarter by two-inch nut and a three by one-half¬ 
inch cast iron washer back of the nut where the wall is not over twenty 
inches thick, but where the wall is over twenty inches thick anchors 
shall be inserted at least eight inches into the wall, on an angle of 
thirty-five degrees. 

The brace of the anchors shall be at least twenty inches spread, and 
pass into the wall four inches at the bottom. No other anchors shall 
be allowed without a special permit from the commissioner of 
buildings. 

447. Balconies—specifications.] All balconies hereafter erected 
shall be either heavy cast iron, ice proof and capable of sustaining a 
weight of five hundred pounds to the square foot, or a steel balcony 
as hereinafter described, capable of sustaining the same weight per 


98 


GENERAL ORDINANCES. 


square foot. The balcony frame shall be made of not less than 
1 ^x 3 - 16 -inch angle iron securely riveted together. The platform for 
said frame shall have cross-bars every two feet. Said cross-bars shall 
be punched with half-inch square holes every two inch centers, and 
half-inch square iron bars forced through the same. Said cross-bars 
shall be securely riveted to the angle iron frame. The cross-bars for 
a balcony twenty-eight inches wide shall be made of ijxf-inch iron. 
Balcony frames over twenty-eight inches wide shall be made of not less 
than 2 x§-inch angle iron to conform to the increased dimensions of 
iron in the cross-bars. 

For thirty inch balconies 2 xf-inch angle iron. For thirty-six inch 
balconies, or over, 2 jx§-inch angle iron shall be used. All balconies 
over this width shall have a two-inch T iron through the center of the 
balcony for the bars to rest upon. Each platform shall have a man¬ 
hole of not less than 24 x 24 inches. 

Said balconies shall have a substantial cast or wrought iron post 
every three feet, bolted to the balcony. No balcony shall have less 
than two guard rails of wrought iron, or new pipe not less than three- 
fourths of an inch in diameter, with the ends anchored in the wall of 
the building not less than ten inches on an angle of thirty-five degrees. 

448. Ladders—specifications.] The ladder, where used in com¬ 
bination with the stand pipe, shall be bolted to said stand pipe with 
short tapped bolts every four feet and bolted to the balconies. The 
rungs of the ladders shall be one-half-inch square iron with the cor¬ 
ners upwards, so as to give a safe footing. Every other rung to be 
riveted and to be fourteen-inch centers. Where the ladder is put up 
without a stand pipe, the side guards shall be 2 xJ-inch flat iron, or one 
and one-quarter-inch pipe. All ladders shall be seventeen inches or 
more between pipes. No second-hand pipe shall be used in this con¬ 
struction. 

449. Stand pipe—specifications.] The stand pipe shall be of 
the best three-inch wrought iron, seven and one-half pounds to. the 
foot. No steel pipe shall be used. A two and one-half-inch brass 
hose valve of the city standard thread shall be attached to the stand 
pipe at every outlet at each floor and on the roof. 

450. Siamese—specifications.] There shall be a two-way auto¬ 
matic Siamese at the bottom of the stand pipe, so that two steam fire 
engines may be attached thereto without interfering with each other. 
Said Siamese shall be within easy reaching distance from the side¬ 
walk and shall be securely anchored to the wall of the building. 

451. Anchors—how bolted.] All anchors for the top of stand 
pipes and ladders shall pass through the wall and be bolted on the 
inside of the same. 

452. Painting—specifications.] All work shall be painted with 

two coats of the best mineral paint and all holes shall be filled with the 
best cement. 

No fire escape shall be constructed without first obtaining a permit 
therefor from the commissioner of buildings and paying to the city 


BUILDINGS. 


99 


collector a permit fee of two dollars, which shall be payment in full 
for the permit and the inspection of the work. 

453. Duty of inspector to condemn.] It shall be the duty of the 
inspector of fire escapes to condemn any and all work and materials 
used in the construction or erection of fire escapes, stand pipes, bal¬ 
conies, ladders, etc., when not done or furnished in compliance with 
the foregoing provisions. 

MISCELLANEOUS. 

454. Tank for water—permit.] It shall be unlawful for any 
person to construct, have or permit to remain in any building in the 
city of Chicago any tank for water, of a larger capacity than four hun¬ 
dred gallons, unless the said tank shall rest upon a foundation of solid 
brick or stone masonry, or upon iron, or upon iron girders, which 
rest upon solid brick or stone masonry, or upon iron construction; 
Provided, no such tank shall be constructed without first obtaining a 
permit therefor from the commissioner of buildings. A fee of two 
dollars shall be paid for such permit. 

455. Buildings in parks.] Buildings in public parks shall 
be subject to the provisions of this chapter. 

456. Fire limits.] The fire limits of the city of Chicago shall 
be as defined by existing ordinances. No wall, structure, building or 
part thereof shall hereafter be built, constructed, altered or repaired 
within the fire limits of the city of Chicago except in conformity with 
the provisions of this chapter. No building already erected, or here¬ 
after to be erected, within said fire limits, shall be raised, altered or 
built upon in such manner that, were said building wholly rebuilt or 
constructed after the passage of this ordinance, it would be in viola¬ 
tion of any of its provisions. 

457. Dangerous and defective buildings.] Whenever in the 
opinion of the commissioner of buildings it shall be necessary to 
tear down, alter, repair or rebuild any building, or any portion of any 
building, which is dangerous, defective or unsafe, or which has been 
built in violation of any of the provisions of this chapter, or of any 
ordinance regulating the construction of buildings hereafter to be 
passed, he shall cause such building or such portion thereof to be 
torn down, altered, repaired or rebuilt, or such work to be done 
thereon as he may deem necessary to render said building, or said 
portion thereof, safe, and the expense thereof shall be recoverable 
from the owner or owners of said building in an action of assump¬ 
sit, and such other process as may be necessary to insure the col¬ 
lection of said expense. 

458. Violation of ordinance—penalty.] Any person, firm 
company or corporation who violates, disobeys, omits, neglects or 
refuses to comply with, or who resists or opposes the execution of 
any of the provisions of this chapter shall be subject to a fine of not 
less than twenty-five dollars nor more than two hundred dollars; and 



100 


GENERAL ORDINANCES. 


every such person, firm, company or corporation shall be deemed 
guilty of a separate offense for every day such violation, disobedience, 
omission, neglect or refusal shall continue, and shall be subject to 
the penalty imposed by this section for each and every such separate 
offense; and any builder or contractor who shall construct any build¬ 
ing in violation of any of the provisions of this chapter, and any 
architect, designing or having charge of such building who shall per¬ 
mit it to be so constructed, shall be liable to the penalties provided 
and imposed by this section. 

459. Use of street—signal—passage way.] Any person having 
the use of any portion of the street or sidewalk for the purpose of 
erecting or repairing any building, or for any other purpose, shall 
cause a red light to be placed in a conspicuous place in front of such 
obstruction from dark until sunrise each night during the time such 
obstruction remains. A sidewalk or passage way, at least four feet 
wide shall be kept in front of any new building, as far as it is prac¬ 
ticable, making allowance for the proper handling of any materials to 
be used in or about such building. 

460. Inspection of premises.] The commissioner of build¬ 
ings, the fire marshal, and their respective assistants, shall have the 
right to enter any building of Class IV, or any part of such building, 
at any reasonable time, especially when occupied by the public, in 
order to properly judge of and discharge their respective duties; and 
it shall be unlawful for any person to refuse admission to such offi¬ 
cers, or to throw obstacles in the way of such officers, while engaged 
in the performance of their duties. 

461. Violation of ordinance—closing premises.] The com¬ 
missioner of buildings or fire marshal shall have power to order any 
building of Class IV to be closed, where it is discovered there is any 
violation of the provisions of this chapter, until the same are complied 
with. 

462. Revocation of license.] Upon report being made to the 
mayor by the commissioner of buildings, or by the fire marshal, that 
any provision of this chapter, in regard to buildings of Class IV, has 
been violated or not complied with in any such building, the mayor 
shall revoke the license of such theater, or place of public amuse¬ 
ment, and cause the same to be closed. 

463. Signs on buildings.] All signs placed on any building 
above the level of the third story of the same shall be made of incom¬ 
bustible material. Wooden signs shall not be more than two feet 
wide. 

464. Wood fence—height.] No wooden fence shall be higher 
than eight feet above the sidewalk grade, or eight feet above the 
surface of the ground where no grade is established. 

465. Lumber—storage.] No lumber shall be piled for the pur¬ 
pose of storing, seasoning or drying the same, within fifty feet of any 
planing mill or wood working manufactory, nor within one hundred 


BUILDINGS. 


101 


feet of any private residence, unless the same has been erected since 
the establishment of such yard. 

466. Petroleum, etc.—storage.] Buildings designed for the 
storage of petroleum, or articles of like nature, shall not be located 
within one hundred feet of any other building, and shall be con¬ 
structed as follows: Their walls shall be not less than sixteen inches 
thick nor more than sixteen feet high; their floors shall be made of 
fire proof paving or concrete, upon the ground, which shall be at least 
five feet below the street grade; their roofs shall be of metal, and they 
shall have fire walls eighteen inches high all around, and not less than 
twelve inches thick, with copings of incombustible material, subject 
to the approval of the fire marshal. 


CHAPTER XVIII. 


CHILDREN. 


ARTICLE I. 

EMPLOYMENT OF CHILDREN. 

467. Children under fourteen—prohibited employment. ] No child 

under fourteen years of age shall be employed, or allowed to work, 
by any person, company, firm or corporation at labor or service in any 
shop, factory, store, place of manufacture, business or amusement, 
except as hereinafter provided. 

468. Exemption from ordinance—permit—revocation.] The 

board of education of the city of Chicago may grant a permit exempt¬ 
ing any child over ten years from the operation of this ordinance as 
to such employment, and to such extent and for such time, and on 
such terms as shall be named in said permit, on its being shown to said 
board that it would be proper on account of the lack of means of sup¬ 
port of the family, of which such child is a member, that said permit 
should be granted. Said permit may be revoked when said board of 
education shall so determine; notice having first been given to such 
child, and the person having control of and employing such child. 
The permit must state the age, place of residence and the amount of 
school attendance prior to the granting of such permit. No charge or 
fee shall be required for such permit or any matter or service pertaining 
thereto. 

469. Employment of exempted children.] No child shall be so 
employed, or work, who does not present a permit, and every person, 
before employing or permitting such child to so labor or be at service, 
shall require and retain said permit and shall safely keep the same, 
together with a correct list of all children so employed in the place of 
employment, and shall show such list and permits on demand to any 
school officer or teacher or police officer. 

470. Violation of ordinance.] Any person, company or corpora¬ 
tion who employs, or permits to be employed or to work, any child 
in violation of this article, and any person having control of any 
such child, who permits such employment or work, shall, for every 
offense, be fined in a sum not less than five dollars, nor more than fifty 
dollars. 

471. Evasion of ordinance.] Any person having control of 
or in his employ a child who, with intent to evade the provisions of 

102 



CHILDREN. 


103 


this article, shall make a false statement concerning the age of such 
child, or the time such child has attended school, or shall instruct such 
child to make any false statement, shall, for such offense, be fined a 
sum of not less than five dollars nor more than fifty dollars. 


ARTICLE II. • ; 

CRUELTY TO CHILDREN. 

472. Exhibition of children.] No person or persons having the 
care, custody or control of any child under the age of fourteen years, 
who have the right and power to prevent the same, shall knowingly 
cause or permit said child to be exhibited, used or employed, or shall 
apprentice or let out, or otherwise dispose of any such child to any 
person or corporation for the vocation, occupation, service or purpose 
of singing or playing on musical instruments, in any saloon or saloons, 
or on the streets or alleys, or of rope or wire walking, dancing, begging 
or peddling, or as a gymnast, contortionist, rider or acrobat in any 
place whatsoever, or for any obscene, indecent or immoral purpose, 
exhibition or practice whatsoever, or in or about any business, exhi¬ 
bition or vocation injurious to the health or dangerous to the life or 
limb of such child, or cause, procure or encourage any such child to 
engage therein. 

473. Life or health endangered.] No person shall take, receive, 
hire, employ, use, exhibit or have in custody any child under the age of 
fourteen years for the purpose of employing said child in the manner 
expressly prohibited in the provisions of this article, and no person 
having the care or custody of any child shall wilfully cause or permit 
such child to be placed in such a situation that its life or health may be 
endangered. 

474. Penalty.] Any person who violates, neglects or refuses to 
comply with any of the provisions of this article, or is guilty of cruelty 
to any child in any of the ways mentioned herein, viz: 

1. By cruelly beating, torturing, overworking, mutilating or causing 
or knowingly allowing the same to be done. 

2. By unnecessarily failing to provide any child in his or her charge 
or custody with proper food, drink, shelter or raiment. 

3. By abandoning any child; or who shall wilfully or unnecessarily 
expose to the inclemency of the weather, or shall wilfully or unneces¬ 
sarily in any manner injure in health or limb any child or apprentice 
under the age of fourteen years shall for each offense be fined not less 
than five dollars nor more than one hundred dollars. 


CHAPTER XIX. 


COACHES, CABS, AND CARTS. 


ARTICLE I. 

I 

INSPECTORS OF PASSENGER VEHICLES. 

475. Inspectors of passenger vehicles—appointment.] There 

shall be designated by the mayor three persons from the regularly 
constituted police force of the city of Chicago, with the rank of ser¬ 
geants, who shall constitute a board, and be known as inspectors of 
passenger vehicles. Said inspectors shall have headquarters or a 
place for the transaction of business and keeping of the records here¬ 
inafter required, in the city hall, and such office shall be open not less 
than four hours of each and every day, except Sundays. 

476. Driver’s license—terms of issue—bond.] No person 
shall receive a license to drive a cab, carriage or other vehicle for the 
carriage of passengers for hire, until he shall have complied with the 
following conditions: Every applicant for such license shall present 
an application in writing, endorsed by not less than two responsible 
citizens, who shall certify that he is a man of good habits, honest, 
sober and industrious, and is a fit person to drive a passenger vehicle. 
Said applicant shall also give a bond in the sum of one hundred dol¬ 
lars, conditioned substantially as follows: “Now, if the said A. B. shall 
well and faithfully perform his duties as driver of a passenger vehicle 
for hire, and faithfully obey and observe all of the ordinances of the 
city and the rules and regulations of the inspectors of passenger 
vehicles, and shall not be guilty of charging in any case more than the 
rates established by ordinance, then this obligation shall be null and 
void, otherwise to remain in full force and effect.” Said bond shall 
be payable to the city of Chicago for the use of any person who shall 
be damaged or aggrieved by any failure of such driver to observe 
and obey the ordinances and regulations above referred to, and shall 
be signed by not less than two sureties. Said bond shall be taken and 
approved by the city clerk. Such license shall be transferable from 
person to person and vehicle to vehicle upon a new bond being given 
by the assignee of the same, as above provided. 

477. Inspectors’ duties.] It shall be the duty of said in¬ 
spectors, as often as once in every three months, to carefully examine 
the condition of every vehicle licensed to carry passengers for hire 
within the limits of the city of Chicago, and note such inspection and 

104 



COACHES, CABS, AND CARTS. 


105 


the date thereof in a record kept for that purpose, with remarks upon 
the vehicle so inspected, and if such vehicle is found to be strong and 
in good condition and such as to not endanger the safety of persons 
transported therein, they shall issue a certificate to the owner of such 
vehicle, stating such inspection, and no license shall be issued except 
upon such certificate of inspection being presented. It shall, also, be 
the duty of said inspectors, by one or more of their number, to make 
a daily inspection of every cab and carriage stand within the city, at 
which time they shall take note of the condition of such vehicles, 
horses and drivers. They shall see that the vehicles are kept clean 
and in good repair, and that the horses are proper and safe animals 
to be driven to such vehicles, and when such vehicles or horses are 
not in proper condition the certificate of inspection shall be revoked, 
and also the owner’s license, until such vehicle has been brought up 
to the standard established by said inspectors; and they shall also sec 
that no driver becomes intoxicated, or treats passengers insolently 
or improperly, and that no overcharges are made for the transporta¬ 
tion of passengers. It shall be the duty of said inspectors, when and 
wherever they find a violation of any part or portion of this chapter 
to order the driver of such vehicle to remove the same from the 
streets, and not to use the same again until authorized by said board 
of inspectors. In the event the driver of any such vehicle, last above 
mentioned, refuses or fails to remove such vehicle from the streets, 
any one or more of said inspectors shall immediately arrest, or cause 
the immediate arrest, of such driver. It shall be the duty of at least 
one of such inspectors to continue such inspection of cab and car¬ 
riage stands during each entire night, and said inspectors shall alter¬ 
nate in performing such night duty. 

478. License—suspension and cancellation—registry.] All 
licenses issued, as above provided, to the owners or drivers of such 
vehicles shall be issued by the mayor, on the recommendation of said 
inspectors. Upon an application being received, said board of in¬ 
spectors shall, before issuing a recommendation, make careful and 
diligent inquiry as to the character and record of the applicant for 
honesty, sobriety and capability, and if they shall find that said appli¬ 
cant is lacking in any of such respects, such license shall be refused, 
and if said inspectors shall find any driver intoxicated while in charge 
of a vehicle, his vehicle shall be taken from him and the passenger 
or passengers shall be driven by the inspector to his or their destina¬ 
tion, after which the vehicle shall be driven to a stable. For such 
first’ offense the license of the driver shall be suspended for not less 
than ten davs; for the second offense his license shall be suspended 
at the direction of the inspectors from thirty to sixty days; and for the 
third offense his license shall be cancelled and not renewed, and the 
same penaltv shall be imposed where any driver shall demand or 
charge a higher rate for carriage of passengers than that provided by 
ordinance. Said inspectors shall keep at their office a well bound vol- 


106 


GENERAL ORDINANCES. 


time or volumes of records, in which shall be noted the name of each 
applicant for a license, the names of persons endorsing such applica¬ 
tion, the finding of inspectors in regard to such applicant’s honesty, 
sobriety, etc., the date of his bond, together with the names of his 
sureties, and also carefully note every offense of which any driver 
may be guilty and all suspensions and such other items of interest 
as shall be required to make a complete record in relation to the 
conduct and qualification of drivers. In case any driver shall be 
found to be particularly neat and careful in keeping his vehicle, and 
shall be intelligent, polite and accommodating, such inspectors shall 
likewise note such facts in such record, and such record shall contain 
an alphabetical index of all licensed drivers. 

479. Rates of fare.] The rates of fare to be demanded or 
charged for the conveyance of passengers shall be the regular rates 
provided by the ordinances of the city of Chicago. 

480. Refusal to pay fare.] Any person who shall employ 
any public vehicle, and upon discharging the same after use, shall 
neglect or refuse to pay for services received according to the rates 
established by the ordinances of the city shall be deemed guilty of 
disorderly conduct and shall, upon conviction of such offense, be 
fined not less than five dollars nor more than fifty dollars. 

481. Driver’s violation of ordinance.] Any driver, or owner, 
of any such passenger vehicle, who shall violate any of the pro¬ 
visions of this article, shall be deemed guilty of disorderly conduct 
and shall, upon conviction therefor, be fined not less than five dol¬ 
lars nor more than one hundred dollars. 

ARTICLE II. 

COACHES, CABS AND PASSENGER VEHICLES. 

482. License.] No person or persons shall hire out, keep or use 
for hire, or cause to be kept or used for hire, for the carrying or 
conveying of persons within the city of Chicago, any hackney coach, 
cab, coach, omnibus, or other vehicle or vehicles, carriage or car¬ 
riages of any description or name whatever, without first having 
taken out a license therefor in the manner provided in Article I of 
this chapter, and also after having complied in all respects with the 
provisions contained in said article. 

483. Name and number on vehicle.] Every person so licensed 
shall forthwith cause the name of the owner and the number of his 
license to be plainly painted in letters at least one and a half inches 
in length, in a conspicuous place on the outside of each side of the 
vehicle, and shall keep the same plain and distinct at all times when 
used, during the continuance of such license; but upon the expiration 
of such license (unless renewed) such person shall immediately cause 
the said name and number to be erased from said vehicle, and shall 
not allow said vehicle to be used with said name or number thereon. 


COACHES, CABS, AND CARTS. 


107 


484. Lamps with number — door.] Every hackney coach, cab, liv¬ 
ery carriage or other vehicle for the conveyance of persons (except 
omnibuses running upon established lines), when driven or used for 
hire, or waiting or standing for use, on any public street or place 
in the night time, shall have fixed upon some conspicuous part of the 
outside thereof, a lighted lamp with plain glass front and sides, with 
the number of the license painted with black paint on the sides and 
front of each of said lamps, in distinct and legible figures, at least 
one and a half inches in length, and so placed that said number and 
lamps may be distinctly seen from the inside and outside of such ve¬ 
hicle. And every hackney coach, cab, carriage or other vehicle for 
the conveyance of passengers, which has a door or doors to the same, 
shall have a knob or handle upon the inside of such door or doors, 
by which said door or doors may be easily opened from the inside of 
such vehicle. 

485. Driver’s license—duty of owner.] No person except a li¬ 
censed owner shall hereafter drive any licensed hackney, coach, cab or 
other vehicle for the conveyance of passengers for hire or reward, with¬ 
out first obtaining a license as such driver, and no such driver shall 
drive any other carriage or vehicle than the one for which he shall be 
licensed; nor shall the owner or owners permit any person, except a 
licensed driver or owner, to drive any licensed carriage or vehicle 
owned or used by him or them; nor shall any such owner permit 
any licensed driver to drive any other carriage or vehicle than the one 
for which he shall be licensed. No coach, cab or other vehicle for 
the conveyance of persons shall have more than one driver. 

486. Transfer of license.] If the owner of any hackney coach, car¬ 
riage, cab or other vehicle, who may have received a license as 
aforesaid, shall sell or dispose of such coach, carriage, cab or other 
vehicle before the expiration of such license, such licensed owner 
shall, within five days of the date of such sale or disposal, report the 
same to the mayor, and the mayor may transfer such license on the 
payment of one dollar; and every such owner of a hackney coach, 
cab or other vehicle, who shall neglect to report such sale or dis¬ 
posal as aforesaid, shall be liable to a fine of five dollars. 

487. Penalty for no license.] Any person who shall keep or drive 
any hackney coach, cab or other vehicle for the conveyance of per¬ 
sons from place to place within the city of Chicago for hire or reward, 
without being licensed as aforesaid, shall be liable to a fine of not less 
than ten dollars nor more than fifty dollars for each and every such 
offense. 

488. License fees.] There shall be charged and paid to the city 
collector, for the use of the city, on issuing the said licenses, by the 
parties to whom they may be granted, the following sums:. 

1. For all omnibuses and accommodation coaches running in con¬ 
nection with hotels shall be charged for license, each, the sum of five 
dollars per annum. 

2. For all omnibuses and accommodation coaches running upon 


108 


GENERAL ORDINANCES. 


established lines and at stated periods from place to place, within the 
city, shall be charged for license, each, the sum of five dollars per 

annum. 

3 . For all hackney coaches and carriages drawn by two horses or 
other animals, and occupying any public stand, or that shall run for 
the conveyance of passengers, for hire or reward, within the city, 
shall be charged for license, each, the sum of five dollars per annum. 

4 . For all cabs or other vehicles drawn by one horse or other ani¬ 
mal, and occupying any public stand, or that shall run for the con¬ 
veyance of passengers for hire or reward, within the city; and all car¬ 
riages, cabs or other vehicles kept or used for hire by any keeper 
or keepers of livery stables for the carrying or conveying of persons 
within the city of Chicago, shall be charged for license, each, such 
carriage, cab or other vehicle, the sum of two dollars and fifty cents 
per annum. 

489. Rates of fare—two horses.] The rates of fare to be asked 
or demanded by owners or drivers of all two-horse vehicles for the con¬ 
veyance of passengers for hire shall be as follows: 

1 . For one or two passengers not exceeding one mile, one dollar. 

2 . For one or two passengers for the second or subsequent mile or 
fraction thereof, fifty cents. 

3 . For each additional passenger of the same family or party, fifty 
cents. 

4 . For conveying children between five and fourteen years of age, 
accompanied by adult, half of the above price may be charged for like 
distance, but for children under five years of age no charge shall be 
made. 

5 . For the use of any hackney coach or other vehicle drawn 
by two horses or other animals, with one or more passengers, six dol¬ 
lars per day. 

6 . For the use of any such hackney coach or other vehicle, drawn 
by two horses or other animals, with the privilege of going from place 
to place and stopping at often as may be required, as follows: For the 
first hour, two dollars; for each additional hour or fraction thereof at 
the rate of one dollar an hour. 

490. Rates of fare—one horse.] The prices or rates of fare to 

be asked or demanded by the owners or drivers of cabs or other 
vehicles drawn by one horse or other animal for the conveyance of pas¬ 
sengers for hire shall not be more than as follows: Fifty cents a mile or 
fraction thereof for one or two passengers, and twenty-five cents for 
each additional passenger for the first mile or fraction thereof. For 
the second and subsequent miles or fraction thereof, for one or more 
passengers, twenty-five cents. 

When passengers wish to hire such vehicle by the hour, the charge 
shall not exceed seventy-five cents per hour and twenty cents for each 
quarter hour additional after the first hour. 

All such vehicles shall be under the direction of the passenger from 


COACHES, CABS, AND CARTS. 


109 


the time he or she calls said vehicle until the same is discharged, and 
shall be paid for accordingly» In the case of a vehicle being engaged 
by the hour and discharged at a distance from its stand, the owner or 
driver shall have the right to charge for the time necessary to return to 
such stand. 

For services outside of the city limits and in the parks, not over one 
dollar per hour and twenty-five cents for each quarter hour after the 
first hour shall be charged. 

491. Baggage.] Every passenger shall be allowed to have con¬ 
veyed upon such vehicle, without charge, his ordinary traveling bag- 
gage, not exceeding in any case one trunk and twenty-five pounds of 
other baggage. For every additional package, where the whole 
weight of baggage is over one hundred pounds, if conveyed to any 
place within the city limits, the owner or driver shall be permitted to 
charge fifteen cents. 

492. Lost baggage.] Whenever any package or article of bag¬ 
gage, or goods of any kind, shall be left in or on any hackney or other 
coach, cab, omnibus, carriage, dray, cart, wagon, or other licensed 
vehicle for the conveyance of passengers, goods or baggage; or when 
any such package or article shall be left in the custody of the driver of 
any such vehicle, such driver shall, upon discovery of such package or 
article, forthwith deliver the same at the central police station of said 
city, into the hands of the inspectors of passenger vehicles, unless such 
package or article shall be sooner delivered to the owner thereof, or 
the order of such owner. Any neglect or refusal on the part of the 
driver of any vehicle, as aforesaid, to comply with the provisions 
hereof, and any violation of any clause or provision of this section, 
shall subject such driver to the penalty of not less than ten dollars for 
each offense. 

493. Posting rates in vehicle.] There shall be fixed in every 
hackney coach, cab, or other vehicle for the conveyance of passengers 
for hire, in such manner as can be conveniently read by any person 
riding in the same, a card containing the name of the owner of said 
vehicle, the number of his license, and the whole of sections 489, 490, 
491 and 492 of this article, printed in plain legible characters, under the 
penalty of not less than ten dollars nor more than fifty dollars for each 
and every violation thereof, and revocation of license. 

494. Fare disputed.] All disputes as to prices or distance shall be 
settled by the superintendent of police or other member of the police 
force. 

495 . Pay for detention.] In all cases when the hiring of a 

hackney coach, cab or other vehicle for the conveyance of passengers 
is not at the time thereof specified to be by the hour, it shall be deemed 
to be by the mile; and for any detention exceeding fifteen minutes, 
when so working by the mile, the owner or driver may demand at the 
rate of one dollar per hour. 

496. Number not posted.] The owner or driverof any hackney 

coach, cab or other vehicle for the conveyance of passengers shall not 


110 


GENERAL ORDINANCES. 


demand or be entitled to receive any pay for the conveyance of any 
passenger, unless the number of the carriage and rates of prices be con¬ 
spicuously fixed in and on said vehicle, as herein provided by sections 
489 and 490 of this article, under penalty of five dollars. 

497. Fare collected in advance.] Every licensed owner or 
driver of any hackney coach or cab shall have the right to demand his 
fare of the person or persons employing him on entering his coach or 
cab, and may refuse to convey any person who will not comply with 
said demand. 

498. Stands established.] Any duly licensed hackney coach, cab 
or other vehicle for the conveyance of passengers, may stand, while 
waiting for employment, at any of the following places, and for the 
period of time hereinafter provided: 

Stand No. 1. The north side of Washington street, between Clark 
and La Salle streets. 

Stand No. 2. That portion of the west side of Clark street be¬ 
ginning fifty feet from, the southwest corner of Randolph and Clark 
streets, and running thence to Washington street. 

Stand No. 3. The south side of Randolph street, between La Salle 
and Clark streets. 

Stand No. 4. The east side of Canal street, occupying one hundred 
and ten feet between Adams and Madison streets, as the superintend¬ 
ent of police shall direct. 

Stand No. 5. At all theaters and other places of public amusement 
fifteen minutes before the conclusion of the performance. 

Stand No. 6. At all railroad depots ten minutes previous to the ar¬ 
rival of all passenger trains. 

Stand No. 7. On such street corners from ten p. m. until sunrise, 
as the superintendent of police shall designate. 

Stand No. 8. The east side of Clark street, between Adams and 
Jackson streets. 

Stand No. 9. The west side of Dearborn street, between Adams 
and Jackson streets. 

Stand No. 10. At such other places where the occupants of the 
premises in front of which it is desired to stand for employment, shall 
give permission, in writing, to the owner or driver so to do; and it shall 
be approved, in writing, by the superintendent of police: Provided, 
it shall not be lawful to stand while waiting for employment at any 
place within three hundred feet of stands 1, 2, 3, 4, 8, and 9, as de¬ 
scribed in this chapter: Provided, it shall not be lawful to stand for 
employment in front of an hotel where a stand has been established 
on the opposite side of the street from such hotel. 

499. Penalty.] Any person violating any of the provisions of the 
foregoing section, or refusing to comply therewith, shall be fined not 
ltss than five dollars and not more than twenty-five dollars. 

500. New stands designated. ] The mayor, with the advice and con¬ 
sent of the aldermen of each ward, may, from time to time, designate 
additional places in each ward as he may deem proper, at which hack- 


COACHES, CABS, AND CARTS. 


Ill 


ney coaches, cabs and other vehicles for the conveyance of passengers, 
may stand while waiting for employment: Provided, however, no 

two stands shall be established opposite to each other on the same 
street. 

501. Loitering off stands.] The owner or driver of any hackney 
coach, cab or other vehicle for the conveyance of passengers, which 
shall stand waiting for employment at any other place than as herein 
provided, shall be subject to a fine of not less than five dollars nor 
more than twenty dollars for each and every offense. 

502. Duty to convey, j No owner or driver of any hackney coach, 
cab, coach, or other carriage or vehicle licensed as aforesaid, shall re¬ 
fuse to convey in said city any person with or without baggage as 
aforesaid, when applied to for that purpose; or, having undertaken to 
convey such person, shall omit or neglect so to do, under the penalty of 
not more than ten dollars for each offense. 

503. Duty of police.] It shallbethe duty ofthe several officers and 
members of the police department to see that all the ordinances reg¬ 
ulating hackney coaches, cabs, and all other vehicles for the conveyance 
of persons for hire, are strictly complied with, and any policeman 
shall have power and authority to order away from the stands and from 
all other places, any hackney coach, carriage or cab not provided with 
a number or with lamps fixed up, lighted and numbered, as hereinbefore 
required, or not furnished with proper and suitable harness or horses, 
or whenever the same shall be improperly obstructing the way or 
street, or whenever the horses attached thereto are unruly, or whenever 
the driver or person having charge of any such hackney coach, car¬ 
riage or cab is intoxicated, or in any manner misbehaves himself. If 
any person having charge of such hackney coach, carriage or cab, shall 
refuse or neglect to obey any such order, he or they shall forfeit and 
pay for every such offense the sum of five dollars, to be recovered from 
the owner or driver of such hackney coach, carriage or cab, severally 
and respectively. 

504. Stands regulated.] The superintendent of police, under the 
direction of the mayor or other person designated by him, shall deter¬ 
mine the number of coaches and carriages for any particular stand, and 
also the proper boundaries and limits of every stand. 

505. Sleighs.] All the provisions and penalties of this article, ex¬ 
cept those requiring lamps, shall apply to sleighs which shall come 
upon or use the public stand or other places in this article designated 
for them, and to the owners and drivers thereof, to be used or driver 
for the conveyance of passengers for hire in this city; and said owners 
or drivers of hackney coaches and cabs are hereby permitted to use 
sleighs, when feasible, in place of such coaches and cabs. 

506. Driver to give number, etc.] Every owner or driver, or per¬ 
son having charge of any hackney coach or cab, shall, upon being re¬ 
quested so to do, give to any person or persons the number of his 
coach or cab, the names of the owner and driver thereof, and their 
place of abode and stable. 


112 


GENERAL ORDINANCES. 


ARTICLE III. 

EXPRESS WAGONS, CARTS, TRUCKS, DRAYS, ETC. 

507. Public cart, defined.] Every cart, truck, wagon, dray, 
or other vehicle drawn by one or more horses or other animals, which 
shall be kept, used, driven or employed for the transportation or 
conveyance of goods, wares, merchandise, or other articles, from 
place to place, within the city of Chicago, for hire, wages, or pay for 
such transportation, shall be deemed a “public cart” within the 
meaning of this article, and every person who shall set up, or so keep, 
use or employ any such public cart, without first obtaining license 
therefor from the mayor of said city as is hereinafter provided, shall 
be deemed guilty of a violation of this article. 

508. License.] The mayor shall, from time to time, license 
and appoint so many and such persons, companies, or corporations 
as he may think proper to set up and keep public carts in said city, 
and he may revoke or suspend any or all such licenses at his pleas¬ 
ure. All persons licensed as aforesaid to keep public carts, shall be 
deemed to be public cartmen within the meaning of this article; 
but it shall not be lawful for any person to receive or hold a license 
to keep public carts or to be a public cartman, unless he be a resi¬ 
dent of the state of Illinois, and is the actual owner of the cart or 
carts so licensed to be kept as public carts; and the mayor may 
examine, under oath, all persons applying for or holding any such 
license, touching their qualifications as aforesaid; and all licenses 
other than to persons so qualified shall be void. 

509. License fees.] Thel'city ^collector shall require and re¬ 
ceive for the use of the city from every person to whom the mayor 
may grant a license: 

1. For all baggage, express and furniture wagons and vehicles 
drawn by two or more horses or other animals, shall be charged for 
license, each, the sum of five dollars per annum. 

2. For all baggage, express and furniture wagons and vehicles 
drawn by one horse or other animal, shall be charged for license, 
each, the sum of two dollars and fifty cents per annum. 

3. For all drays, carts, wagons and other vehicles running within 
said city for hire or reward, and not otherwise expressly provided 
for, shall be charged for license, each, the sum of two dollars and 
fifty cents per annum. 

4. For all wagons and other vehicles drawn by four or more 
horses or other animals, for the conveyance of any heavy article or 
thing for hire from place to place in said city, shall be charged 
for license, each, the sum of five dollars per annum: Provided, that 
nothing herein contained shall include omnibuses and baggage wag¬ 
ons running to and from hotels free of charge. 

510. Licenses—expiration.] All licenses to persons to keep 
public carts and be public cartmen, shall expire on the last day of 


COACHES, CABS, AND CARTS. 


113 


April next after the date thereof, unless sooner revoked, as provided 
in this article. 

511. Public cart—liability.] No public cart shall be used 
within said city except it be duly licensed, and the person to whom 
license is granted to keep and use a public cart shall, for all the pur¬ 
poses of this article, be considered the owner thereof, and responsible 
for all articles intrusted to, and for the conduct of the driver thereof, 
and liable equally with the driver thereof to all forfeitures, penalties 
and punishments herein contained or provided. No person under the 
age of sixteen years shall be permitted to act as driver of any licensed 
vehicle. 

512. Stands.] A space forty feet wide in the middle of Market 
street, extending from the south line of Randolph street to the north 
line of Washington street, and from the south line of Washington 
street to the north line of Madison street, is set apart as a public stand 
for truck wagons and teams. 

513. Stands assigned. ] The superintendent of police may as¬ 
sign to the owner of each duly licensed public cart, a stand, where such 
cart may remain waiting to be employed, and also a stand where it may 
remain at other times: Provided, that no such stand shall be as¬ 
signed for a cart to remain at such other times in front of the prem¬ 
ises of any person other than the owner of such cart, against the 
wishes of the owner or agent thereof: and provided, further, that 
carts shall not be permitted to so stand two abreast in any of the 
streets; and every public cartman who shall permit his cart to stand 
loaded, or waiting for employment, or to remain at other times at 
any place other than the one so assigned for such carts, shall be 
deemed guilty of a violation of this article. 

514. Police control.] The superintendent of police and the 
several officers and members of the police department shall have 
power and authority to order the driver or other person having- 
charge of any public cart or any other vehicle, to remove such cart 
or other vehicle away from any place in any of the streets, which in 
his or their opinion, may be improperly incumbering such street, or 
obstructing or impeding the public travel, and any and every person 
neglecting or refusing to comply with or obey any such order, shall 
be deemed guilty of a violation of this article. 

515. Duty of driver.] It shall be [the duty [of every person 
driving or having charge of a public cart, to give to any person re¬ 
questing it, his name and place of residence, the number of the cart 
he is driving or in charge of, and the name and place of residence 
of the owner thereof; and the refusal to do so shall be deemed a 
violation of this article. 

516. Accident—duty of driver.] If any accident or injury 
shall happen to any person or any carriage, vehicle or other thing 
by reason of coming in contact with any public cart or other cart 
or vehicle, or the horse or horses attached thereto, or anything 

8 


114 


GENERAL ORDINANCES. 


loaded thereon while the person is moving, it shall be the duty of the 
person driving or having charge of the same to immediately stop, 
and if necessary, render his assistance, and to give his name and 
residence, and to give the number of the cart or other vehicle he 
was driving, and the name and residence of the owner thereof, 
under penalty of not less than five nor more than one hundred dol¬ 
lars, to be recovered from the driver or owner of any such cart or 
other vehicle. 

517. Not to obstruct travel.] It shall not be lawful for any pub¬ 
lic cartman, or for any person driving or having charge of any public 
cart, or any other cart, wagon or other vehicle, to drive or back 
any such public cart or any other vehicle onto the sidewalk of any of 
the streets of said city, or to stop any such cart or any other vehicle 
on any of the crosswalks or intersections of streets, so as to obstruct 
or hinder the travel along such crosswalks or intersections of streets, 
or to place any such carts or other vehicles crosswise of any street of 
said city except to load thereon or unload therefrom; but in no case 
shall it be lawful for any person to permit such cart or other vehicle 
to remain so crosswise of any street for a longer period than may be 
actually necessary for such purpose. 

518. License revoked.] It shall not be lawful for any person who 
has been licensed to keep public carts, or to be a public cartman, and 
whose license has been suspended or revoked by the mayor, to keep, 
drive or use any public cart in the city of Chicago, under the penalty 
of not more than twenty-five dollars for every such offense. 

519. Tariff of rates.] The price or rates to be charged by the 
owner or driver of any public cart or other vehicle for the carrying 
of goods, wares and merchandise, and for the loading and unloading 
of the same, shall be as follows: 

1. For loads not exceeding 500 pounds weight, one mile.$0.50 

When the distance exceeds one mile, 25 cents for each 
and every mile. 

2. Over 500 pounds, 50 cents for every additional 500 pounds 

or fraction thereof. 

3. Household furniture, per load of one-horse truck, within 

two miles. 1.00 

When the distance exceeds two miles, an extra 25 cents 
for each and every additional mile. 

4. For a double truck load, within two miles. 3.00 

When the distance exceeds two miles, $1 extra for every 

additional mile. 

520. Driver’s lien on goods.] Every public cartman shall be en¬ 
titled to be paid the legal rate or compensation allowed and pro¬ 
vided in this article immediately upon the carting or transportation 
of any article or thing, and it may be lawful for any such public cart¬ 
man to retain any article or thing so carted or transported by him 
for which he is not so paid his cartage, and to convey the same 
without delay to the office of the superintendent of police, and he 
shall be entitled to the lawful rate of pay or compensation for so con- 





1 


COACHES, CABS, AND CARTS. 115 

veying. All disputes or disagreements as to distance or rates of com¬ 
pensation, between public cartmen or public porters and persons em¬ 
ploying them or owing for cartage or transportation, shall be deter¬ 
mined by the superintendent of police or any member of the police 
force. 

521. License number displayed.] All public cartmen upon tak¬ 
ing out a license, shall obtain from the city clerk two painted metal 
plates eight inches long and four inches wide, on which shall be 
stamped the number corresponding to the license, and also the words 
“Chicago express,” together with the year for which the license is 
issued, which plates the said licensed cartman shall cause to be 
securely fastened on the outside of each side of the box of his cart, 
so licensed, or in a conspicuous place, so that the same can be easily 
seen. The said licensed cartman shall also at the same time obtain 
from the city clerk a metal badge one and three-fourths inches long 
and one and one-eighth inches wide, having a number thereon cor¬ 
responding to the number on the aforesaid plates; said badge shall 
be provided with a pin or other fastening, and shall be worn by such 
licensed cartman in a conspicuous place on the outside of the coat, so 
that it may not be hidden either by accident or design. Upon the 
expiration of the licenses the city clerk shall prepare new plates, 
similar in design, but of a different color, and with the proper year 
stamped thereon, and shall also prepare new badges for all appli¬ 
cants for license as cartmen. The driving or using of a public cart 
without the above described plates attached thereto in plain sight, and 
without the driver thereof having such badge, shall be deemed a vio¬ 
lation of this article. 

Note: See section 16 concerning free badges and plates. 

522. License not renewed.] Every person licensed as afore¬ 
said to keep a public cart, upon failing to renew the license for, or 
disposing of or parting with the same, shall deface, remove, and 
obliterate the license number therefrom, and failing or neglecting 
to do so shall be deemed to be a violation of this article. 

523. Licensee’s residence.) Every such person upon receiv¬ 
ing his license shall report his residence to the city clerk, and upon 
changing his residence shall in like manner report his new resi¬ 
dence, and the failing or neglecting so to do shall be deemed a 
violation of this article. 

524. Fictitious numbers.] It shall not be lawful for any person 
to keep, use, drive or employ any cart or other vehicle with numbers 
or figures thereon similar to or resembling the numbers on public car.ts, 
or for any person licensed to keep public carts to place or have any 
number for which he may have received license on more than one cart, 
or to use more carts as public carts than he may have license for. 

525. Conveyance of spars.] It shall not be lawful for any public 
cartman or any other person to cart or transport through any of the 
streets of said city, any planks, poles, spars, timber or other thing ex- 


116 


GENERAL ORDINANCES. 


ceeding thirty feet in length, except on a suitable truck or other vehicle, 
and such plank or other thing shall be placed lengthwise thereon, so 
as not to project at either end beyond the line of the side or width 
of such truck or other vehicle; and all persons carting or transporting 
any poles, planks, timber, spars or other thing in any other manner 
shall be deemed guilty of a violation of this article. 

526 . Refusal to convey.] No person driving any licensed public 
cart shall refuse to convey within said city the baggage, goods or 
merchandise of any person, when applied to for that purpose, or having 
undertaken to convey such baggage, goods or merchandise, or other 
thing, shall omit or neglect to do so, or shall state to, ask, take, or ex¬ 
tort from any person desiring to have, or having had, conveyed to any 
place in said city such baggage, goods, merchandise, or other thing, 
as the price or rate of fare for such conveyance, any greater price or 
rate of fare than that herein established, under the penalty of five dol¬ 
lars for every offense. 

527 . Penalty.] Any person who shall violate any clause or pro¬ 
vision of any section of this article, or who shall neglect or fail to com¬ 
ply with any or either of the requirements thereof, shall, on conviction, 
excepting as is herein otherwise provided, pay a fine of not less than 
five dollars nor more than one hundred dollars and shall forfeit his 
license. 


ARTICLE IV. 

MISCELLANEOUS PROVISIONS. 

528 . Lamps on omnibus.] All omnibuses running within the city, 
and required to be licensed, shall, when running in the night time, have 
fixed in some conspicuous place in front thereof, so as to be distinctly 
seen from the inside and outside, a lighted lamp, with the number of 
license distinctly painted thereon in figures of one inch and a half in 
length. 

529 . Contents of licenses.] All licenses granted under this chap¬ 
ter shall designate the coach, cab, omnibus or vehicle by their number 
or name, and the owner or owners, driver or drivers, shall be severally 
liable for each and every violation of this chapter by such owner or 
owners, or their driver or drivers. 

530 . Badge for driver.] Every person so licensed (except drivers 
of omnibuses on established lines running at regular hours, on regular 
routes, in cases where the name or names of the owners of such line of 
omnibuses, together with the number of the vehicle, shall 
be legibly painted on the outside upon the door of such 
omnibus) shall, while acting as driver of such vehicle, wear 
conspicuously a metal badge, to be obtained from the city clerk, one 
and three-fourths inches long and one and one-eighth inches wide, des¬ 
ignating the kind of vehicle which he is licensed to drive, and having 
a number thereon corresponding to the number on the license. Said 
badge shall be provided with a pin or other fastening and shall be 




COACHES, CABS, AND CARTS. 


117 


worn in a conspicuous place on the outside of the coat, and of a 
different design for each year. 

Note: See section 16, concerning free badges and plates. 

531. Standing in other places.] The owner or driver of any 
hackney coach, omnibus, cab or other carriage for the conveyance of 
passengers, or of any public cart or other carriage for the conveyance 
of baggage, luggage, or other merchandise, who shall make any stand 
or stopping place for his vehicle, while waiting for employment, at any 
place on any street or public grounds adjacent to any railroad or rail¬ 
way depot, or steamboat landing or wharf, other than the place or 
places designated by the person having charge of such depot, or by the 
superintendent of police, shall be subject to the penalty of not less than 
five dollars nor exceeding one hundred dollars for each and every 
offense. 

532. Limit stopping places.] Nor shall any such owner or 
driver make such stand or stopping place, either within or without the 
limits designated in this chapter, within the distance of twenty feet of 
any street crossing, under the penalty of five dollars for each and every 
offense. 

533. Right to occupy stands.] All owners or drivers of hacks, 
hackney coaches, omnibuses, cabs, public carts, or other carriages for 
the conveyance of passengers, baggage, luggage, or merchandise, tak¬ 
ing their stands with their vehicles at such places designated by the 
persons having charge of depots, as provided in section 531 of this 
chapter, shall have the right to stand on any vacant place within the 
limits of the places designated, and no preference shall be shown be¬ 
tween different vehicles of the same class as to the choice of position 
within such limits; but different places may be designated for omni¬ 
buses, for other carriages for passengers, and for drays and baggage 
wagons, so as to keep each class of vehicles together. 

534. Railroad depots.] When at or near any railroad passenger 
depot in the city of Chicago, a place has been or shall be designated 
as a licensed carriage stand, it shall be lawful for the drivers of the first 
double and first single vehicle in line to stand in front of such railroad 
passenger depot and solicit business; Provided, such drivers shall not 
in so soliciting business obstruct the sidewalk nor stand thereon at a 
greater distance than two feet from the curb line. 

535. Worthless tickets, etc.] It shall be unlawful for any li¬ 
censed owner or driver of any coach, cab, public cart or other vehicle, 
to convey any person, without his request, to any place or house of ill 
fame, or deceive any person in relation to any railroad or other 
ticket or voucher for conveyance, which is worthless, or make any 
false representation or statement in regard to any voucher or ticket 
for conveyance that may be shown to him, under a penalty of not 
less than ten dollars nor more than twenty dollars for each and 
every offense. 

536. Refusal to give name.] No licensed owner or driver 


118 


GENERAL ORDINANCES. 


herein mentioned shall refuse to give his name on request of any 
person, or impose upon or deceive any person in any manner or 
form, or strike, threaten, insult, or otherwise abuse or ill-treat any 
passenger or patron under any pretense whatever, under the penalty 
of not less than ten dollars nor more than twenty dollars for each 
and every offense. 

537. Penalty for misinforming.] No owner or driver of 

any licensed hackney coach, cab, public cart or other vehicle, shall 
induce anybody to employ him, by either knowingly, wantonly or 
ignorantly misinforming or misleading such person, either as to 
the time or place of the arrival or departure of any railroad car, 
steamboat, canal boat, or other public conveyance whatever, or the 
location of any railroad depot, office, station, or any railroad ticket 
office, or the location of any hotel, stage office, public place or pri¬ 
vate residence within the said city, under the penalty of not more 
than ten dollars for each and every offense. 

538. False representations.] It shall be unlawful for any 
such licensed owner or driver to induce any person to ride in or 
employ his vehicle, by falsely representing his vehicle to such per¬ 
son as running for or being in the employment of a public house, 
canal or steamboat line, railroad or stage company, with a view to 
exact, solicit or obtain fare or anything of value from such person, 
or having so induced any person to ride in his vehicle, to exact, 
solicit or take fare or anything of value from such person, for con¬ 
veying him to such public house, canal or steamboat landing, rail¬ 
road depot, ticket office, stage company office, or other public place, 
under the penalty of not less than ten dollars nor more than twenty 
dollars for each and every offense. 

539. Rule of the road.] All omnibuses driven upon, over 
or along any of the streets or avenues of the city shall at all times 
keep to the right hand side of the center of such street or avenue, 
and in no event shall any such omnibus be driven to the left hand 
side of the center of such street or avenue for the purpose of receiving 
any passenger or for any other purpose: Provided, that this sec¬ 
tion shall not be construed so as to prevent any omnibus from 
receiving passengers from a hotel on the left hand side of the street, 
for the purpose of conveying such passengers to a railroad depot 
or steamboat landing. Any driver or owner of any omnibus 
violating any of the provisions of this section shall be subjected to a 

fine of not less than ten dollars and not more than twenty-five dol¬ 
lars. 

540. Omnibus stands.] The superintendent of police of 
the city of Chicago is authorized and empowered to designate stands 
for omnibus lines running in said city. Said superintendent may 
make all necessary rules and regulations for omnibuses and the 
di iver s of the same at such stand or stands. Any person violating 
any of such orders, rules or regulations of said superintendent shall 
be subject to a penalty of not more than fifty dollars. 


COACHES, CABS, AND CARTS. 


119 


541. Loud noise or disturbance.] No person shall in or 
about any railroad passenger house in said city make any loud noise 
or disturbance, or be guilty of any lewd or indecent conduct or 
behavior to the annoyance or disturbance of citizens or travelers, 
under the penalty of not less than ten dollars, nor more than twenty 
dollars, for each and every offense. 

542. Driver «not to act as runner.] No driver, agent, 
servant, owner or owners, of any hackney coach, cab, carriage or 
other vehicle herein referred to, shall act as public porter or runner 
without a license for that purpose, or solicit passengers, except for 
such vehicle as he may be licensed for; and no driver of any hackney 
coach, cab, omnibus, wagon, public cart, carriage or other vehicle, 
shall engage in racing with another, or drive faster than a moderate 
trot while passing in, along or through any of the public streets in 
the city; and all such vehicles shall keep to the right when in motion 
and passing along any of such public streets. 

543. Driver to be with vehicle.] It shall not be law¬ 
ful for the driver or other person having charge of any hackney 
coach, cab, public cart, or any other vehicle mentioned in this chap¬ 
ter, to be off or away from any such hackney coach, cab, cart or any 
other vehicle while the same is moving or passing along any of the 
streets or avenues of said city; nor shall it be lawful for any. driver 
of any vehicle herein mentioned to snap or flourish his whip, or to 
be away from his vehicle except under police regulations, or unless 
from necessity; nor to sit or stand about the doorsteps or platforms, 
or in front of any house, store or other building, to the annoyance 
of the occupants thereof. 

544. Penalty.] Any person who shall violate any clause 
or provision of any section of this chapter, or who shall neglect or 
fail to comply with any or either of the requirements thereof, shall, 
on conviction, excepting as is herein otherwise provided, pay a fine 
of not less than five dollars nor more than one hundred dollars, and 
shall forfeit his. license. 


CHAPTER XX. 


COAL. 

545. Measure prescribed.] In the sale of coal, the hundred 

weight shall consist of one hundred pounds avoirdupois, and twenty 
such hundred weight shall constitute a ton. 

546. Weigher’s certificate.] Any person or persons engaged in 
the business of selling coal in the city of Chicago, to be delivered in 
said city, shall deliver to the purchaser at the time of the delivery of 
the coal purchased, a certificate, signed by a city weigher, showing the 
weight of the coal so delivered, and the weight of the wagon or cart. 

547. Penalty.] Any person violating any of the provisions of this 
chapter, or who shall deliver to any purchaser a less quantity than two 
thousand pounds of coal for each ton purchased (or a proportionate 
amount for any part of a ton), or who shall practice any fraud or deceit 
in the sale or delivery of any coal purchased, to be delivered in said 
city as aforesaid, shall upon conviction be fined in a sum not less than 
twenty dollars, nor more than fifty dollars, for each offense. 


4 


120 


CHAPTER XXL 


DOGS. 

548. License—fee.] Every owner of, or person who harbors or 
keeps, a dog within the limits of this city, shall report to the city col¬ 
lector annually, within thirty days after the first day of May in each 
year, his or her name and address, and shall give the name, breed, 
color and sex of each and every dog owned or kept by such person, 
and shall pay to such officer the sum of two dollars for each and everv 
dog, and cause such dog, or dogs, to be registered for license in the 
office of the city clerk, who shall furnish the owner or keeper of the 
same with a license tag. 

549. Collar-tag—registration.] Every dog shall be provided 
by its owner, or keeper, with a leather or chain collar, to which a 
license tag shall be securely fastened, and every dog shall also be muz¬ 
zled, if so ordered, as hereinafter provided. No dog shall be permitted 
to remain within the limits of the city of Chicago, unless the owner, 
or keeper, thereof, shall have caused such dog to be registered and 
licensed, and provided with such collar and tag, and be muzzled, if so 
ordered, and any owner, or keeper, of a dog failing to provide such 
collar, tag or muzzle, if required, shall be subject to a fine of five 
dollars for every such dog so unprovided, to which fine shall be added, 
if unlicensed, the amount of the license fee, and costs, if any, incurred. 

550. Book of registry.] The city clerk shall keep a complete 
registry, in a book to be kept for that purpose, of all licensed dogs, 
describing same by name, breed, color and sex, and shall also enter 
the name and address of the owner or keeper as given, and the number 
of city license tag. 

He shall provide, each and every year, such number of metallic 
tags as may be necessary (the shape to be changed each year), having 
stamped thereon the year for which the tax is paid, the letters C. D. T., 
and also the number of the tag, and it shall be the duty of the city 
clerk to deliver one of such metallic tags, numbered to correspond 
with the number of the registry of the dog, to the person having paid 
the tax upon any such dog. 

The city clerk shall also send a duplicate of such registry to the 
pound-master, who shall record the same in a book to be kept by him 
for that purpose, and such records shall be open to public inspection. 

551. Proclamation to muzzle.] Whenever the mayor of this 
city shall deem it necessary, he shall issue an order prohibiting for a 
certain time therein specified all dogs from running at large on any 
street, alley or other public place, in this city, unless such, dogs be 
securely muzzled, so as to effectually prevent them from biting any 

121 


122 


GENERAL ORDINANCES. 


person or animal, or led by a line or chain, which order shall be pub¬ 
lished in a daily newspaper of general circulation in the city of Chicago. 

552. Impounding.] It shall be the duty of the superintendent 
of police, his assistants, and of all policemen of the city of Chicago, 
to take up and impound in such suitable place, or places, as may be 
designated by the mayor (of which place, or places, notice shall be 
given by posting a card or notice in some conspicuous place in the 
office of the chief of police, and in the office of the city collector, and 
also by publication, of such place or places, in some daily newspaper 
of the city of Chicago of general circulation to be designated bv the 
mayor), any dog found running at large in the city of Chicago, con¬ 
trary to the provisions of any ordinance, or of any order issued by 
the mayor. 

553. Registry—notice to owner.] The city pound master 
shall, immediately upon receiving any dog at the pound, make a com¬ 
plete registry of the same, entering the breed, color and sex, and 
whether licensed or not, if ascertained, and if licensed, he shall, if 
known, enter the name and address of the owner or keeper, and the 
number of the license tag, if any, and shall keep impounded licensed 
dogs separated from unlicensed dogs. 

A list of all licensed dogs impounded, if any, shall be immediately 
sent to the city clerk, for entry, by the pound master, who shall also 
forthwith give notice, through the post-office, to the owners or keepers 
of such licensed dogs, of their being impounded. 

554. Redemption—fee.] For every dog taken up and confined 
in the dog pound, as provided in this ordinance, for which no license 
tax has been paid, a redemption fee of three dollars, together with the 
amount of the tax, shall be paid to the city collector for the use of the 
city; and upon procuring the certificate of the city collector stating that 
said amount has been paid, and paying to the pound master for taking 
up such dog the further sum of fifty cents, and the cost of keeping such 
dog, not to exceed twenty-five cents per day, and cost of advertising, if 
any, as hereinafter provided, the owner or keeper thereof, within five 
days after the impounding, or any other person, after five days, shall 
be entitled to redeem such dog, and if such dog shall not be redeemed 
within five days after being taken up, such dog shall be destroyed by 
the pound keeper, except that at the expiration of the five days allowed 
for the redemption of impounded dogs, the pound master shall adver¬ 
tise immediately in a daily newspaper of general circulation in this 
city, all unredeemed licensed dogs, if known or identified as such, 
and if such dogs be not redeemed at the expiration of the fifth day after 
such advertising*, thev shall then be destroved. 

j 

555. Lost tag— affidavit.] Any dog for which a license has 
been paid, which mav be impounded for being at large without collar 
or tag. or without a muzzle, if required (if it shall be made to appear 
to the satisfaction of the citv collector by the affidavit of the owner or 
keeper, or by other sufficient testimonv. that a license for such dog 
was procured, and a collar put around its neck, with license tag 


DOGS. 


123 


attached, as provided in this ordinance, or was muzzled, as required by 
any order of the mayor, but that such collar, tag or muzzle has been 
accidentally lost) may be redeemed upon the payment to the city col¬ 
lector, for the use of the city, of two dollars, and payment of the fees to 
the pound keeper, as herein provided; and the city collector may de¬ 
liver to the person redeeming such dog, a duplicate license tag to cor¬ 
respond with the registry, for which duplicate tag twenty-five cents 
shall be paid. 

556. Fierce dogs—impounding—removing.] Any danger¬ 
ous, fierce or vicious dog running at large in the streets or public 
places of the city of Chicago, or upon private premises of any other 
person than the owner or keeper, and any dog which may in any 
manner disturb the quiet of any person or neighborhood, or may 
bite a person within the city of Chicago, when the person bitten 
was not at the time trespassing upon the property of the owner or 
keeper of such dog, is hereby declared to be a nuisance, and the 
said dog shall be taken up and impounded in the manner provided 
by the ordinances of the city of Chicago: Provided, however, that 
if any fierce, vicious or stray dog so found at large cannot safely 
be taken up and impounded, the said dog may be slain by any officer 
of the city of Chicago who may find the same at large, as provided 
in this section. 

557. Fierce dogs at large — penalty.] If any fierce 
or dangerous dog shall be found at large in the streets of Chicago, 
or upon any public place, or upon the private premises of any other 
person than the owner or keeper of the dog, and shall there annoy 
or endanger any person thereon, the owner or keeper thereof shall 
forfeit and pay to the city of Chicago a sum of money not exceeding 
ten dollars, for the first offense on the part of said owner or keeper, 
in permitting such fierce or dangerous dog to be at large; and 
upon a second or further conviction, for the same offense, a sum not 
exceeding twenty-five dollars; and it may be part of the sentence, 
upon such second conviction, that such fierce and dangerous dog 
be immediately killed, and this sentence shall be forthwith executed 
by the chief of police, or any police officer, for which killing the 
owner or keeper shall pay the further sum of one dollar, which sum 
shall be included in said judgment. 

558. Trial — judgment — execution.] Whenever com¬ 
plaint shall be made and filed with any justice of the peace or 
police magistrate, setting forth that any dog has in any manner dis¬ 
turbed the quiet of any person or neighborhood, or has bitten a 
person within the city of Chicago, and that the person so bitten 
was not at the time trespassing on the person or property of the 
owner or keeper of such dog, the justice of the peace or police magis¬ 
trate shall issue a summons against said owner or keeper, which 
summons shall be served and made returnable at the same time and 
in the same manner as other summonses issued by justices of the 
peace. 


124 


GENERAL ORDINANCES. 


At the time and place set for trial the justice of the peace or police 
magistrate shall proceed to hear and determine the matter, and if it 
shall appear that such dog has so disturbed any person or neighbor¬ 
hood, or that the person so bitten by such dog was not at the time 
trespassing upon the person or property of the owner or keeper of 
such dog, the justice of the peace or police magistrate shall order the 
owner to kill the same within twenty-four hours from the time of 
making such order, and continue the further hearing of the case. 

In case the owner or keeper of such dog shall refuse or neglect 
to remove or kill such dog, in compliance with the order of the 
justice or police magistrate, such owner or keeper shall be liable to 
a fine of not less than five nor more than fifty dollars. 

And it shall be the duty of any police officer to kill such dog when¬ 
ever the same shall be found at large in said city of Chicago at any 
time after such owner or keeper has refused or neglected to comply 
with the order herein provided for. 

559. Six dogs.] No person shall keep, or allow to be 
kept, upon the premises occupied or used by him within the city 
of Chicago, more than six dogs at any one time, and for any person 
or persons to keep or use any yard, pen, place or premises within 
the city of Chicago, in or upon which more than six dogs shall be 
found or kept at any one time, shall constitute, and is hereby de¬ 
clared to be a nuisance, and any person or persons creating or per¬ 
mitting such nuisance to exist, having the right or power to abate 
the same, shall be subject to a fine of not less than twenty-five dol¬ 
lars, and not exceeding one hundred dollars, in every case, and to 
a like fine for every day he or they shall neglect to abate such nui¬ 
sance, when notified by the commissioner of health to abate the 
same: Provided, however, that this section shall in no wise affect or 
apply to members of kennel clubs who are breeders of registered or im¬ 
ported dogs registered with kennel clubs incorporated under the laws 
of this state. 

560. Definition.] The word “ dog,” whenever used in this 
chapter, shall be intended to mean a female as well as a male dog. 


CHAPTER XXII. 


DRAINS AND SEWERS. 


ARTICLE I. 

DRAIN LAYERS. 

561. License required—qualifications.] Any person desiring to 
do business, in connection with the sewerage system of the city of 
Chicago, as a drain layer, shall first obtain a license therefor from the 
department of public works and shall pay a fee of five dollars, which 
fee shall be paid to the cashier of the water office of said city, who 
shall account for the same as all other receipts which come into his 
hands belonging to the sewerage fund of the city. No person shall 
receive such license who shall not have attained the age of twenty-one 
years and have an established place of business within the limits of said 
city, and who shall not furnish the commissioner of public works with 
satisfactory evidence of his responsibility and mechanical skill to ply 
his trade, in accordance with the rules and regulations of the depart¬ 
ment of public works. 

562. License, petition—contents—bond.] Every person desir¬ 
ing such license shall file with the commissioner of public works a 
petition, in writing, giving the name of the firm, if he shall be one of a 
firm, and each member thereof and place of business; said petition 
shall be accompanied by a bond signed by two or more sureties, to be 
approved by the commissioner of public works, in the sum of three 
thousand dollars, conditioned that he, or they, will indemnify and save 
harmless the city of Chicago from all accidents and damages caused 
by any negligence in either the execution or protection of his work 
or for any unfaithful or improper work done under and by virtue of 
his license, and will also conform to all the conditions and requirements 
of the city for the government of licensed drain layers. 

563. Connecting drains with sewers.] The commissioner of 
public works shall prescribe the mode of connecting drains with the 
sewerage system and make rules and regulations defining the quality 
and kind of material to be used and the manner of laying or extending 
the same, and all fixtures connecting therewith. 

564. Inspection of work.] All work done by licensed drain 
layers shall be subject to the inspection, supervision and approval of 
the commissioner of public works and all faulty or defective work 
which may, at any time, be discovered shall be made satisfactory to 

125 



126 


GENERAL ORDINANCES. 


the commissioner of public works, and no further permits will be issued 
to the party in default until all defects have been made good. 

565. License forfeited—effect.] Any drain layer whose license 
shall be declared forfeited by the commissioner of public works for a 
violation of any of the provisions of this article or of the rules and regu¬ 
lations governing drain laying, shall not be entitled to do any work 
whatever in connection with the public or private sewers of the city of 
Chicago, unless said declaration of forfeiture shall be revoked by said 
commissioner. 


ARTICLE II. 

MISCELLANEOUS PROVISIONS. 

566. Steam—discharge in sewer prohibited.] No connection 

with or opening into any sewer or drain shall be used for the convey¬ 
ance or discharge into said sewer or drain of steam from any steam- 
boiler or engine, or from any manufactory or building in which steam 
is either generated or used, under a penalty of fifty dollars for each 
and every day during any part of which such connection or opening 
may have been used for that purpose. This penalty shall be imposed 
upon and recovered from the owner and occupants, severally and re¬ 
spectively, of such manufactory or building. 

567. Kitchen slops, etc. — water supply.] All connec¬ 
tion with sewers or drains used for the purpose of carrying off animal 
refuse from water-closets or otherwise, and slop of kitchens, shall have 
fixtures for a sufficiency of water to be so applied as to properly carry 
off such matters, under the penalty of five dollars for each day the same 
are permitted to remain without such fixtures for supplying said water. 

568. Obstructing sewer—penalty.] No butchers’ offal or 
garbage, dead animals or obstructions of any kind whatsoever, shall be 
placed, thrown or deposited, in any receiving basin or sewer, and any 
person so offending or causing any such obstruction or substance to be 
placed so as to be carried into such basin or sewer shall be subject to a 
penalty of ten dollars for each offense; and any person injuring, break¬ 
ing or removing any portion of any receiving-basin, covering-flag, 
man-hole, vent or any part of any sewer or drain, or obstructing the 
mouth of any sewer or drain, shall be subject to a penalty of twenty 
dollars for each offense; nor shall any quantity of marble or other 
stone, iron, lead, timber or any other substance, exceeding one ton in 
weight, be placed or deposited upon any wharf or bulkhead through 
which any sewer or drain may run; nor upon or over any sewer or 
drain where the same shall be within three feet of the surface of the 
street, under the penalty of not more than fifty dollars for each offense, 
to be recovered of the person or persons causing or permitting the 
same. 

569. Street gutters.] It shall be the duty of every person having 

charge of the sweeping and cleaning of the streets in the city to see 


DRAINS AND SEWERS. 


1*27 


that the gutters are properly scraped out before the water is suffered to 
ffow from any hydrant for the purpose of washing the same, in order 
that no substance or obstruction be carried into any of the receiving- 
basins; every person violating this section to be subject to a penalty of 
five dollars for each offense. 

570. Duty of police.] It shall be the duty of all policemen to be 
vigilant in the enforcement of the provisions of this article, and report 
any violations thereof to the commissioner of public works. 

571. Excavation around sewer — permit.] Any person who 
shall uncover or excavate under or around the brick or pipe sewers in 
this city, for any purpose whatever, without the written consent of said 
commissioner, shall be subject to a fine of not less than ten dollars and 
not exceeding fifty dollars; the person or persons by whom the work is 
done, and their employers, shall be deemed guilty of a violation of this 
section. 

572. Alteration of house drain.] Any person who shall lay 

alter or disturb any part of a house drain or drains, catch-basin or, 
strainer of said drain or drains, cesspool or water-closet, connecting 
with any brick or pipe sewer belonging to said city, without being duly 
licensed to perform the same by said commissioner, shall be subject to 
a fine of not less than ten dollars and not exceeding fifty dollars, for 
each offense, which shall be recoverable against the person or persons 
performing the work, or their employers. 

573. Drain construction.] It shall be the duty of any person or 
persons constructing or using any private drain, sewer, cess-pool, 
water-closet pipe or other pipe connecting with or emptying into any 
brick or pipe drain or sewer belonging to said city, to construct and use 
the same strictly in conformity with the orders and directions of the 
commissioner of public works, which orders and directions shall be 
given in writing for such purpose; and any person who shall construct 
or use, or cause to be constructed or used, any such drain, sewer, cess¬ 
pool or water-closet pipe in a different manner from that so ordered 
and directed by said commissioner, or in violation of the orders of said 
commissioner, shall be subject to a fine not exceeding fifty dollars, 
which shall be recoverable against the person or persons so construct¬ 
ing or using said sewer, drain or pipe, or their employers, and the 
owner of the lot or lots or premises in which said work is constructed 
or used, shall be deemed and considered as authorizing such construc¬ 
tion or use and liable to such penalty. 

574. Inspection—right of entry.] That the public sewers of the 
city may be fully protected against improper use and injury, the said 
commissioner and his authorized agents shall have free and unob¬ 
structed access to any part of the premises where house drains, cess¬ 
pools or water-closets, connected with or draining into said sewers, 
are laid, for the purpose of examining the construction, condition and 
usage of the same, and making necessary alterations or repairs, at any 
time of the day between the hours of seven o’clock a. m. and six o’clock 


128 


GENERAL ORDINANCES. 


p. m.; and any owner, occupant or other person, on refusing to allow 
any officer or agent of said commissioner access to the premises for 
such purposes, shall be liable to a fine of not less than five dollars nor 
exceeding fifty dollars. 











CHAPTER XXIII. 


DRUGGISTS. 

575. Permit to sell liquor.] No person, firm, or cor¬ 
poration, engaged in carrying on the business of selling drugs, or 
keeping what is commonly known as a drug store, shall sell or 
give away, or in any manner deal in any vinous, spirituous, ardent, 
intoxicating, or fermented liquors, by himself, agent or servant with¬ 
out a permit for that purpose, under a penalty of not less than one 
hundred dollars, nor more than two hundred dollars, for each and 
every offense. 

576. Fee for permit.] Every person, firm, or corporation 
engaged in the business of selling drugs, or keeping what is com¬ 
monly kno\yn as a drug store, desiring to sell, or give away, or in 
any manner deal in any vinous, spirituous, ardent, intoxicating or 
fermented liquors, for medicinal, mechanical, sacramental, or chem¬ 
ical purposes only, not to be drank upon the premises, or in any 
such store, may have a license or permit therefor upon paying to 
the city the sum of one dollar per annum; Provided, that alcohol 
may be sold under such permit for chemical and medicinal purposes 
only. 

577. Record of sales — inspection.] Any person, firm, or 
corporation obtaining such permit, shall enter in a well-bound book 
a record of the date of the sale or gift of any vinous, spirituous, ardent, 
intoxicating or fermented liquors, the amount sold or given away, 
and the person to whom delivered, except on a written prescription 
from a licensed physician, which said book shall be at all reasonable 
hours open to the inspection of any member of the police force whom 
the superintendent of police may designate for such purpose. 

578. Penalty.] Any person, firm, or corporation violating 
the provisions of this chapter or neglecting or refusing to comply 
therewith, shall be fined not less than one hundred dollars, nor 
more than two hundred dollars, for each and every offense, and any 
such permit shall be revoked by the mayor for the second offense. 


9 


129 


CHAPTER XXIV. 


ELECTION CONTESTS. 

579. Alderman — contest of election.] The election of 
any alderman may be contested by any elector of the city, and the 
proceedings shall be in accordance with the general laws of this 
state regulating the mode of contesting the elections of county offi¬ 
cers, so far as the same may be applicable. 

580. City council to hear contest.] The city council 
shall be the tribunal before which such contest shall be heard, and 
their decision shall be final. 

581. Verified statement of points.] When any elector 
shall desire to contest the right of another to hold the office of aider- 
man, he shall, within sixty days after the election, file with the city 
clerk a statement in writing, briefly setting forth the points on 
which he will contest the election, which statement shall be verified 
by affidavit. 

582. Notice to respondent.] Upon filing such statement 
said contestant shall also serve a copy thereof upon the person whose 
election he intends to contest, and in case he is absent, or cannot be 
found, then by leaving a copy of said statement at the respondent’s 
usual place of residence. 

583. Testimony, when and how taken.] Whenever said 

statement shall have been filed and served as aforesaid, it shall 
be the duty of the city council, upon the application of either party, 
to fix the time and place for taking the depositions of witnesses, 
when either party may proceed to take the testimony of any wit¬ 
ness, in the manner and as provided for taking depositions to be 
used in cases in chancery, before any judge, justice of the peace, 
master in chancery, or notary public, at the time and place so fixed, 
and continue the same from day to day thereafter until all the testi¬ 
mony shall have been taken. 

584. Proofs taken and filed.] In all cases of contested 

elections, the proofs shall be taken and filed with the city clerk 
as hereinafter provided,-within sixty days from the day fixed by 
the city council for taking the same: Provided, that the council 
may, from time to time, upon sufficient cause shown, extend the 
time for taking and filing said proofs. 

585. Testimony limited.] No testimony shall be taken 
or produced on the hearing before the city council, except upon the 
points set forth in the said statement required to be filed with the 
city clerk and served upon the respondent. 

130 


ELECTION CONTESTS. 


131 


586. Proceedings in council.] When all the evidence 
shall have been taken, the same shall be filed forthwith with the city 
clerk, who shall immediately lay the same before the city council, and 
the council shall, without delay, refer the same to some appropriate 
committee to investigate and report upon; and upon such report 
being made, the council shall decide the same according to the right 
of the matter, and shall declare as elected the person who shall ap¬ 
pear by the evidence to have been elected. The council may require 
all the testimony and proofs taken to be read in open council. 

587. Legal disqualification.] Whenever it shall appear in 
any case that the person receiving the highest number of votes 
is ineligible to the office because of any legal disqualification, it 
shall, for that reason, be the duty of the city council to declare said 
election null and void, and immediately call a special election to fill 
said office. 

588. Counting ballots.] In all cases of contested election 
the parties shall have the right to have the package or packages 
of ballots which have been returned to the proper clerk or to the 
board of election commissioners, as required by law, opened in 
open session of the city council and in the presence of the officer 
having the custody thereof, and to have said ballots then and there 
counted by a committee of three persons appointed for that purpose. 


* 


CHAPTER XXV. 


ELECTRIC LIGHTS. 

589. Electric current.] No electric current shall be used 
for illumination, decoration, power, or heating, except as hereinafter 
provided. 

590. Application — contents — permit.] All persons, firms, 

or corporations desiring to make use of electric currents for 
any of the purposes mentioned in the preceding section of this chap¬ 
ter, shall, before commencing or doing any electrical construction 
work of any kind whatever, either installing new electrical apparatus 
or repairing apparatus already in use, file an application for a permit 
therefor in the office of the superintendent of city telegraph, which 
application shall describe in detail such material and apparatus as 
it is desired to use, with a full description of the same, giving the 
locality by street and number; and upon receipt of which application, 
if found proper, such permit shall be given. 

591. Duties of superintendent of city telegraph.] The 
said superintendent shall then have power, and it shall be his 
duty, when by him deemed necessary, to carefully inspect any such 
installation previous to and after its completion, and it shall be com¬ 
petent for him to remove any existing obstructions which may 
prevent a perfect inspection of the current-carrying conductors, such 
as laths, plastering, boarding, or partitions; and if such installation 
shall prove to have been constructed in accordance with the rules 
and requirements of the fire department of the city of Chicago, 
controlling the use of electric current, upon the payment of a fee, as 
herein provided, he shall issue a certificate of such inspection, which 
shall contain a general description of the installation and the date 
of said inspection. The use of electric current is hereby declared to 
be unlawful previous to the issuance of said certificate; Provided, 
however, the superintendent of city telegraph may issue a tempo¬ 
rary permit for the use of electrical current during the course of 
construction or alteration of buildings, which permit shall expire 
when the electrical apparatus for such building is fully installed. 

592. Preliminary and final certificate.] A preliminary 
certificate may be issued by said superintendent in the case of com¬ 
pleted installations, but upon which no current will be used in the 
immediate future. Such preliminary certificate shall show that at 
the date of inspection the installation was erected in accordance with 
the terms of this chapter, and shall be issued at one-half the rates 
hereinafter named. Prior to the introduction of electric current into 
the said premises, a second inspection shall be made, when, if the 

132 


ELECTRIC LIGHTS. 


133 


said installation is still in accordance with the terms of this chapter, 
a complete and final certificate shall issue, and the amount of the 
fee paid for the preliminary certificate shall be deducted from the 
fee for the final certificate. Any owner or owners of property install¬ 
ing electric wires to be hidden from view shall, prior to such installa¬ 
tion, give said superintendent a reasonable notice in order to give 
ample time for inspection. 

593. Power of superintendent—penalty.] The said su¬ 
perintendent is hereby empowered to inspect or re-inspect all over¬ 
head, underground and interior wires and apparatus conducting 
electric current for light, heat or power, and when said conductors 
or apparatus are found to be unsafe to life or property, shall notify 
the persons, firms or corporations owning, using or operating them 
to place the same in a safe and secure condition within forty-eight 
hours. Any person, firm or corporation failing or refusing to re¬ 
pair, change or remove the same within forty-eight hours after the 
receipt of such notice, shall be subject to a penalty of ten dollars 
for each and every day such conductors and apparatus continue to 
be in an unsafe condition. 

594. Poles — covers — wires — branded and tagged.] All 

poles now standing or hereafter erected, and all covers for man¬ 
holes now in service, or hereafter placed in service for the use of 
electric conductors, shall be branded or stamped with the name of 
the person, firm or corporation owning the same; and all electric 
service entrances shall have attached to the conductor or conductors; 
in a conspicuous place, a substantial tag designating the owner of, 
and giving such a full description of the conductors as shall meet 
with the approval of said superintendent. 

595. Fees.] There shall be collected by the said super¬ 
intendent, and paid into the treasury of the city of Chicago, upon 
the issuance of certificates permitting the use 1 of electric currents, 
the following fees: 

For each arc light, the sum of.$i.oo 

For each incandescent lamp of nominal 16 candle 
power, and for larger or smaller lamps in that propor¬ 
tion . IO 

For each electrical horse power of 746 Watts, used for 
mechanical or other purposes than above mentioned.. 1.00 
But no inspection shall be made for a less amount than 1.00 
Inspection of temporary installations, for show win¬ 
dows, exhibitions, conventions, and the like, shall be 
charged for by the time required for such inspec¬ 
tions, at the rate of, per hour. 50 

For each re-inspection of any overhead, underground 
and interior wires or apparatus, there shall be collected 
by said superintendent at the rate of one-half of the 
fees prescribed in this section. 





134 


GENERAL ORDINANCES. 


596. Record—annual report.] It shall be the duty of the 

said superintendent to keep records containing a full and accurate 
account of all inspections made, and of all moneys received, and 
render a full report and account to the fire marshal of the city of 
Chicago, on the thirty-first day of December in each year. 

597. Alterations.] No alterations shall be made in any 
installation without first notifying the said superintendent and sub¬ 
mitting the same for similar inspection, as above provided. 

598. Penalty. | Any person or persons who shall use any 
electric current in violation of any of the provisions of this chap¬ 
ter, shall be subject to a penalty of not less than fifty, nor more 
than one hundred dollars, and to a further penalty of ten dollars for 
each day during which he or they shall continue such violation. 
Said superintendent may, for any violation of this chapter, order 
and compel the cutting off and stopping such current until the pro¬ 
visions of this chapter are fully complied with. 

STREET LIGHTING. 

599. Improvements paid by special assessment.] Here¬ 
after all local improvements, consisting of electrical conduits, cables, 
lamp posts, switches and lamps, necessary for the purpose of furnish¬ 
ing electric light for municipal purposes, shall be paid for by special 
assessment to be levied upon the property benefited: Provided, how¬ 
ever, that all such improvements and assessments shall only be 
made or levied on such property as shall have petitioned for the 
same by a majority of the owners of frontage to be benefited. 

600. Permanent improvements paid by general taxes.] 
The cost of power houses, real estate for power houses and the neces¬ 
sary machinery for furnishing electric lights, and the maintenance 
thereof, shall be paid for by general taxation. 


CHAPTER XXVI. 


FIRE. 


ARTICLE I. 

FIRE MARSHAL. 

601. Department created.] There is hereby established an 
executive department of the municipal government of the city of 
Chicago, which shall be known as the fire department, and shall em¬ 
brace one fire marshal, one first assistant fire marshal, one superintend¬ 
ent of the city telegraph, a secretary of the fire department, one fire 
inspector, one veterinary surgeon, and such number of assistant fire 
marshals, captains, lieutenants, engineers, pipemen, drivers, truckmen, 
telegraph operators, assistants, clerks and employes, as the city council 
may, by ordinance, see fit to prescribe and establish. 

602. Fire marshal—office.] There is hereby created the 
office of fire marshal, who shall be the head of the fire department, 
and shall hold his office for the term of two years, and until his suc¬ 
cessor shall be appointed and qualified. 

603. Appointment.] He shall be appointed by the mayor, 
by and with the advice and consent of the city council, on the first 
Monday in May, 1897 , or as soon thereafter as may be, and biennially 
thereafter. 

604. Bond.] Said fire marshal, before entering upon the 
duties of his office, shall execute a bond to the city of Chicago, in 
the sum of twenty-five thousand dollars, with such sureties as the 
city council shall approve, conditioned for the faithful performance of 
the duties of his office. 

605. Subordinates — appointment.] He shall appoint, with 
the consent of the mayor, all officers above the rank of captain, and, 
with like consent, may remove them. All other officers and mem¬ 
bers of said department shall be appointed by him, with the consent 
of the mayor, and may be removed by the fire marshal. 

606. Subordinates—regulations.] All subordinate officers, 
assistants, clerks and employes who shall be employed in said fire 
department, shall be subject to such rules and regulations, and shall 
perform such duties as shall be prescribed or required of them by said 
fire marshal, or the ordinances of the city. 

607. Bonds of subordinates.] Said fire marshal shall re¬ 
quire good and sufficient bonds to be given by all assistants, clerks 

135 



136 


GENERAL ORDINANCES. 


and employes in his office who shall receive, or have the care, custody 
or handling of any moneys or other property belonging to the city 
of Chicago, which said bonds shall be approved by the mayor. 

608. Control of department.] The fire marshal shall have 
sole and absolute control and command over all persons connected 
with the fire department of the city, and shall possess full power and 
authority over its organization, government and discipline, and, to 
that end, he may prescribe and establish, from time to time, such rules 
and regulations as he may deem advisable. 

609. Custody of apparatus.] He shall have the custody, 
subject to the direction of the city comptroller, of the engines, hose 
carts, trucks, ladders, horses, telegraph lines, and all other property 
and equipments belonging to the fire department. 

610. Causes of fire—investigation of.] He shall inquire 
into and cause to be investigated by the fire inspector the cause of all 
fires which may occur in the city, as soon as may be after they occur, 
and cause to be kept a record of his proceedings, and of the evidence 
in each case, and to file the same, or a copy thereof, in his office. 

611. Inspection of apparatus.] He shall, at least twice in 
every year, examine into the condition of the fire engines, and other 
fire apparatus and engine houses, and report the same to the city coun¬ 
cil on or before the first day of February in each year. 

612. Annual report.] He shall also, at the same time, re¬ 
port all accidents by fire that may have taken place in the city during 
the preceding fiscal year, with the causes thereof, as well as they can 
be ascertained, and the number of and description of the buildings de¬ 
stroyed and injured, together with the names of the owners or occu¬ 
pants. 

613. Repair of apparatus.] He shall, whenever any of 
the fire engines, hose carts, trucks and hooks and ladders, or other 
apparatus, shall require to be repaired, cause the same to be repaired 
under his direction and supervision. 

614. Uniform—badges.] The fire marshal shall make suitable 
regulations, under which the officers and men of the department shall 
be required to wear some appropriate uniform and badge, by which, 
in case of fire, and at other times, the authority and relations of such 
officers and men in said department may be known, as the exigencies 
of their duties may require. 

615. Violation of rules—tribunal.] The fire marshal and two 

assistant fire marshals to be designated by the fire marshal, shall con¬ 
stitute a board for the purpose of hearing and determining all cases for 
the violation of any rule, regulation or order of said department, or 
other breach of discipline, and a majority of said board shall have power 
to punish the offending party by reprimand, forfeiture and withholding 
pay for a specified time, or dismissal from the force. 

616. Reducing to ranks—discharge.] The fire marshal, when 
charges of incompetency, lack of energy or judgment, are preferred 
and proven against any member holding any position above the grade 


FIRE. 


137 


of pipeman, may, in his discretion, reduce such officer to any lower 
position, which he may deem the said officer competent to fill; but 
otherwise, when either of said charges are proven against such officer, 
he shall be discharged from the department. 

617. Prefer charges.] The fire marshal may prefer written 
charges, without oath, for any violation of the rules, regulations or 
orders of said department, against any member thereof, upon his own 
knowledge, or upon written information communicated to him by any 
member of the department. 

618. Suspension of members.] During the pending of charges 
against any member of the department, the fire marshal may suspend 
from duty any such member until such charges can be examined by 
him. 

619. Record. ] He shall cause to be kept, in books for that purpose 
a full and complete record of all transactions in said department, of 
complaints against members, and the judgment of the fire marshal 
thereupon, of time lost by them, and of all property placed in his 
charge, and such other books and records as shall be required by the 
business of the department. 

620. Annual estimate.] He shall prepare and submit to the 
comptroller, on or before the first day of February in every year, an 
estimate of the whole cost and expenses of providing for and main¬ 
taining the fire department of said city during the current fiscal year, 
which estimate shall be in detail, and shall be laid by said comptroller 
before the city council, with his annual estimate. 

ARTICLE II. 

SECRETARY. 

621. Duties.] The fire marshal, with the consent of the mayor, 
shall appoint a secretary of the fire department, whose duty it shall 
be to preserve and keep all books and papers belonging to said de¬ 
partment, or which are required by law to be filed therein. He shall 
deliver to the city council, and to the respective departments, all com¬ 
munications from the said fire marshal in writing, and shall attend in 
the office of said department during the usual office hours, and do and 
perform such other services as may be required by said fire marshal, 
or the ordinances of the city. 

ARTICLE III. 

ASSISTANT FIRE MARSHALS. 

622. Duties.] It shall be the duty of the said assistants, if in their 
power, to attend all the fires happening in any division of the city, and 
in case of the absence of the fire marshal at any fire, it shall be the duty 
of the first assistant to take charge of the organization, and he shall 
have and exercise all the powers of the fire marshal; and in case of 


138 


GENERAL ORDINANCES. 


the absence of both the fire marshal and first assistant, the assistant 
marshals shall have and exercise the duties and powers of fire marshal 
in the order of their arrival at the fire. In case of vacancy in the office 
of fire marshal, the first assistant shall discharge the duties of fire 
marshal until the vacancy shall be filled. 

ARTICLE IV. 

SUPERINTENDENT OF CITY TELEGRAPH. 

623. Duties.] There shall be appointed by the fire marshal, with 
the consent of the mayor, a superintendent of the city telegraph, who 
shall be a practical and skilled electrician, and he shall have the general 
superintendence of the police and fire alarm telegraph, under the di¬ 
rection of the fire marshal. 

624. Control of fire alarm apparatus.] He shall have charge 
of all apparatus, instruments, batteries, alarm boxes and wires belong¬ 
ing to or connected with said telegraph, and he shall see that the same 
are at all times kept in good working order, and promptly repaired 
when out of order; and shall test all the instruments and alarm boxes 
at least once a month. 

625. Records—annual report.] He shall keep such books as 
may be necessary, in which shall be recorded all such matters as may 
be necessary for a full understanding of the operations of the tele¬ 
graph, and shall annually, on or before the fifteenth day of January 
in each year, make a full report of the operations of his office to the 
fire marshal. 

626. Control of operators.] He shall, under the direction 
of the fire marshal, see that the operators, linemen and assistants in his 
office do and perform all such duties as may be required of them, to 
the end that the said police and fire alarm telegraph shall be at all times 
in perfect working order, and free from obstructions. 

627. Control of batteries and instruments.] The batteries 
and instruments at the station houses shall be in the care of and oper¬ 
ated by the officers in charge of the several stations; subject, however, 
to the control and direction of said superintendent. 

628. Rules and regulations.] He shall make such rules and 
regulations as he may deem most beneficial and expedient for the 
successful operation of said telegraph, subject to the approval of the 
fire marshal. 


ARTICLE V. 

FIRE INSPECTOR. 

I 

629. Duties—causes of fire.] It shall be the duty of the fire in¬ 
spector immediately upon the occurrence of a fire to investigate the 
cause thereof, and all the circumstances connected therewith; to 
ascertain, as accurately as may be, the value of the premises destroyed 


FIRE. 


139 


or involved, and the amount of insurance carried thereon; to ascertain 
any carelessness or criminal intent that may have been instrumental in 
causing any fire; to make a detailed statement of the result of his in¬ 
vestigations to the fire marshal, from day to day, or as frequently as 
may be required by the occurrence of fires or by the orders of the fire 
marshal, and to perform such other duties as the fire marshal may 
from time to time direct. 

W- 630. Power to arrest.] It shall be the duty of the fire inspector 
to cause the arrest of all parties by him suspected of incendiary intent, 
and to take them before any magistrate for criminal prosecution. 


ARTICLE VI. 

FIRE DEPARTMENT. 

631. Disability—salary.] Any member of the fire department 
receiving injury or becoming disabled while in the discharge of his 
duties, so as to prevent him from attending to his duties as such mem¬ 
ber, shall, for the space of twelve months, provided his disability shall 
last that time, receive his usual salary. The fact of such disability, and 
its duration, shall be certified by the city physician, or such other evi¬ 
dence as the fire marshal may require. 

632. Exclusion of non-employes.] It shall be the duty of all 
members of the fire department to prevent all persons not belonging 
to the department from entering any house, or handling any apparatus 
belonging to the department without permission. 

633. Copy of rules.] Each member of the fire department shall 
be furnished with a copy of the rules and regulations prescribed by the 
fire marshal for the government of the department. 

634. Badges.] Every member of the fire department, when on 
duty, shall wear a suitable badge, furnished by the city, and any mem¬ 
ber who shall lose or destroy the same shall be required to pay the 
cost of replacing it; and whenever any member shall leave the depart¬ 
ment, he shall immediately deliver his badge, and all other property 
belonging to the city, to the proper officer of said department. 

635. Rewards.] The fire marshal, for meritorious services ren¬ 
dered by any member of the fire department in the due discharge of his 
duty, may permit any member of the said department to retain for his 
own benefit any reward or present tendered him therefor; and it shall 
be cause of removal for any such member to receive any reward or 
present, without notice thereof to the fire marshal. 

636. Resignation.] No member of the department, under pen¬ 
alty of forfeiting the salary or pay which may be due to him, shall with¬ 
draw or resign, except by permission of the fire marshal. Unexplained 
absence without leave, of any member of the department, for five days, 
shall be cause for removal and forfeiture of all pay due; but it may, at 
the option of the fire marshal, be deemed and held to be a resignation 
by such member, and accepted as such. 


140 


GENERAL ORDINANCES. 


637. Cordon around fire.] The fire marshal, or any assistant fire 
marshal in command, may prescribe limits in the vicinity of any fire, 
within which no persons excepting those who reside therein, firemen 
and policemen, and those admitted by order of any officer of the fire 
department, shall be permitted to come. 

638. Removal of property.] The fire marshal, or any assistant 
fire marshal in command, shall have power to cause the removal 
of any property, whenever it shall become necessary for the preser¬ 
vation of such property from fire, or to prevent the spreading of fire, 
or to protect adjoining property. 

639. Destruction of building.] The fire marshal, or any as¬ 
sistant fire marshal, or other officer in command, may direct the 
hook and ladder men to cut down and remove any building, erec¬ 
tion or fence, for the purpose of checking the progress of any fire; 
and the fire marshal or the assistant fire marshal in command shall 
have power to blow up, or cause to be blown up, with powder or 
otherwise, any building or erection, during the progress of a fire, 
for the purpose of extinguishing or checking the same. 

640. Power of arrest.] The fire marshal and the assistant fire 
marshals shall have power, during the time of a fire, and for a period 
of thirty-six hours after its extinction, to arrest any suspected per¬ 
son, or any person hindering, resisting, conducting himself in a 
noisy and disorderly manner, or refusing to obey any such officer 
while acting in the discharge of his duty, and, as soon as their 
duties in relation to the extinguishment of the fire will permit, take 
such person before a magistrate to be dealt with according to 
law. Said officers shall be severally vested with the usual powers 
and authority of police officers to command all persons to assist 
them in the performance of such duty. 

641. Hydrant—obstruction.] No person shall in any manner ob¬ 
struct the use of any fire hydrant, or have or place any material in front 
thereof or within five feet from either side thereof, under the pen¬ 
alty of ten dollars for each offense; and any and all material found 
as an obstruction, as aforesaid, may be forthwith removed by any 
member or members of the fire department, and at the risk, cost and 
expense of the owner or claimant. 

642. Engine house—non-employes excluded.] No person 
other than a fireman, policeman or public officer, shall enter or as¬ 
semble with any other person or persons, in any engine house be- 
longing to the city without the permission of the officer in charge 
of such engine house, under the penalty of two dollars for each 
offense. 

643. Personating firemen.] Any person not a member of the 
fire department, who shall personate a fireman or officer of the fire 
department at a fire, or going to or returning from a fire, by wearing 
a cap or badge or in any other way, shall be subject to the penalty 
of not more than ten dollars for each offense. 


FIRE. 


141 


644. Non-employes to obey orders.] Every person who shall 
be present at a lire shall be subject and obedient to the orders of 
the fire marshal and the assistant fire marshals, in extinguishing the 
lire and the removal and protection of property; and in case any 
person shall refuse to obey such orders, he shall forfeit and pay 
for every offense the sum of live dollars; Provided, that no person 
not a member of the fire department shall be bound to obey any 
of said officers, unless such officers shall bear their respective badges 
of office, or their official character ishall be known or made known 
to him; and all such officers shall have power to arrest any person 
or persons so refusing to obey such lawful orders as aforesaid, and 
hold them in custody until after the fire is extinguished, when he 
or they shall be taken before a magistrate to be dealt with ac¬ 
cording to law. 

645. Aid of licensed vehicles. | It shall be lawful for the fire 
marshal and the assistant fire marshals to require the aid of any 
drayman with his horse and dray, driver of a licensed wagon with his 
team and wagon, or any citizen, inhabitant or bystander, in drawing 
or conveying any engine or other fire apparatus to the fire and in 
working and using the same while at a fire; and on the refusal or 
neglect of any person to comply with such requisition, the offender 
shall for every default forfeit and pay a penalty of not less than 
five dollars nor more than twenty dollars. 

646. Hindrance to firemen.] Any person who shall wilfully 
offer any hindrance to any officer or fireman in the performance of 
his duty at a fire, or shall wilfully in any manner injure, deface or 
destroy any engine or fire apparatus belonging to the city of Chi¬ 
cago, shall for every such offense forfeit and pay a penalty of not 
less than fifty dollars. 

647. Speed on return.] No hose carriage, hook and ladder car¬ 
riage, or engine shall be drawn faster than a walk on its return from a 
fire or an alarm of fire; nor shall any such carriage or engine be drawn 
on any sidewalk opposite a paved or planked street; nor shall any 
such carriage or engine be drawn to a fire or alarm; of fire in a manner 
calculated to endanger the safety of persons or property in the streets 
or alleys of said city, under the penalty of not less than five dollars 
nor more than twenty-five dollars, to be paid by the person or per¬ 
sons committing the offense. 

648. Driving on or over hose.] No wagon, street railroad 
car or other vehicle, shall be driven over any unprotected hose of the 
fire department of the city of Chicago, when laid down on any 
street or alley to be used at any fire or alarm of fire without the 
consent of the fire marshal or the assistant in command, and any 
person violating this section shall be subject to a penalty of not less 
than five dollars nor more than one hundred dollars for each offense. 

649. Hose protectors.] The fire marshal shall procure and cause 
to be carried with each hose cart at every alarm of fire, efficient 
protectors, which shall be laid down when said hose is laid on any 


142 


GENERAL ORDINANCES. 


street or alley, in such manner as to protect said hose from injury 
when vehicles are driven over the same, and he shall also cause 
all such hose to be taken up when no longer needed for use. 

650. Removal of property.] No person shall between the hours 
of seven o’clock p. m. and six o’clock a. m. of any day within ninety 
days after any dwelling-house or building shall have been in whole 
or in part destroyed by fire, carry off or remove from the lot or part 
of lot upon which such dwelling-house or building was erected, 
any iron or lead pipe, iron railing, fencing, iron pillars, bars, rods 
or other iron or lead fixtures, or other property of any kind, from the 
ruins of any such building, without a permit from the superin¬ 
tendent of police so to do, and every person convicted of violating 
the provisions of this section shall be liable to a penalty of not more 
than twenty-five dollars for each and every such offense. 

Any person who shall remove or carry away from any such lot 
or part of lot, any such iron or lead pipe, iron railing or fencing, 
iron pillars, bars, rods or other iron or lead fixtures, or other property 
of any kind, from the ruins of any such dwelling-house or build¬ 
ing, within ninety days after such dwelling-houise or building shall 
have been destroyed by fire, without the consent or authority in 
writing of the owner of such lot or part of lot, or of such dwelling- 
house or building, shall be liable to a penalty of not more than twenty- 
five dollars for every such offense. 

651. Department keys—wrongful possession.] Should any 
person have in his possession, or make or cause to be made, any 
key or keys of any fire-engine or truck house, police signal or fire- 
alarm telegraph box, or use, or cause to be used, the same, with¬ 
out the consent of the proper authority (except the mayor and members 
of the fire department), every such person shall be subject to a fine 
of not less than fifty dollars nor more than two hundred dollars for 
each offense. 

652. Property saved.] No person shall be entitled to take 
away any property in the possession of the fire department saved 
from any fire, until proof of ownership be made satisfactory to the 
fire marshal or acting fire marshal. 

653. Telegraph poles.] Any person who shall scratch, stencil 
or post placards or bills on any of the poles of the police and fire- 
alarm telegraph, or in any other manner deface or injure the same, 
shall be subject to a fine of not less than five dollars nor more than 
twenty dollars for each and every offense. 

654. Boxes—wrongful opening.] No person or persons, except 
those connected with the management of the same, shall open any 
signal box, unless it be to give an alarm of fire or to communicate 
with the police on necessary business, nor shall break, cut, injure, de¬ 
face, derange or in any manner meddle or interfere with any signal box 
or the fire-alarm or police telegraph wires or with any municipal elec¬ 
tric wires, poles, conduits or apparatus whatever, under a penalty of 
not less than twenty-five dollars nor more than fifty dollars for each 
and every offense. 


FIRE. 


143 


ARTICLE VII. 

HYDRANTS. 

655. Fire hydrants—interference with, or injury to, etc.] All 

the hydrants constructed in the city of Chicago for the purpose of ex¬ 
tinguishing fires in said city are hereby declared to be public hydrants, 
and no person or persons (other than the members of the fire depart¬ 
ment of said city, for the uses and purposes of said department, and 
those specially authorized by the commissioner of public works) shall 
open any of the said hydrants, or attempt to draw water from the same, 
or in any manner interfere with or injure any of said hydrants, under a 
penalty of not less than ten dollars nor exceeding fifty dollars for each 
and every offense. 

The fire hydrants herein provided for shall, under the direction of the 
commissioner of public works, be erected in such portions, of the city 
as he shall deem most exposed to and least protected against fire. 

Any person or persons who shall wilfully or carelessly break or in¬ 
jure any of the public hydrants, or shall pollute or unnecessarily waste 
the water at any such hydrants, shall, on conviction, be fined in a 
sum not less than ten dollars nor exceeding fifty dollars for each and 
every offense. 

656. Department wrenches—use prohibited, when. ] Any mem¬ 
ber of the fire department who shall let out, or suffer or permit any per¬ 
son or persons to take the wrenches furnished to the fire department of 
said city to be used in case of fire, or shall suffer or permit any of said 
wrenches furnished said department to be taken from the engine 
houses of said department, except as they accompany the engines on 
occasions of fire, or for other purposes connected with the fire depart¬ 
ment, shall forfeit and pay, on conviction, a sum not less than ten dol¬ 
lars nor more than fifty dollars for each and every offense. 

657. Fines—fund—comptroller to pay out.] All moneys re¬ 
ceived from fines for violations of the provisions of this article shall be 
employed and used in the construction and repair of the fire hydrants, 
and shall be paid over to the comptroller for that purpose. The comp¬ 
troller shall pay out such sums from the funds so raised and for the pur¬ 
pose hereinbefore mentioned upon vouchers to be audited by the com¬ 
missioner of public works. 


ARTICLE VIII. 

MISCELLANEOUS PROVISIONS. 

658. False alarm.] Whoever, without reasonable cause, by out¬ 
cry or otherwise makes or circulates, or causes to be made or circu¬ 
lated any false alarm of fire, shall be subject to a fine of not less than 
twenty-five dollars nor more than one hundred dollars for each of¬ 
fense. _ . .. . . 


144 


GENERAL ORDINANCES. 


659. Bonfires in streets, etc.] Whoever is concerned in caus¬ 
ing or making a bonfire, or shall set fire to or burn any hay, straw, 
shavings or other combustible materials in any street, alley or public 
place within the limits of the city, shall be subject to a fine of not less 
than twenty-five dollars: Provided, the fire marshal or any assistant 
fire marshal or fire warden may, in such cases as he may deem proper, 
grant permits in writing for the destruction of straw or other rubbish 
where the same can be done without damage to property or annoyance 
to the public, but the same shall be done after sundown, and at least 
thirty feet from any building. 

660. Lamps in barns, etc.] No person shall take or use in 
any barn or stable within the corporate limits of the city any lighted 
candle, oil or fluid lamp, or any burning light of any kind whatsoever, 
unless the same be enclosed and secured in a good glass, horn or other 
lantern, under penalty of not less than ten nor more than fifty dollars 
for each offense. 

661. Shavings, oiled rags, etc.] Every person keeping or oc¬ 
cupying any shop or other building wherein shavings or other com¬ 
bustible materials are made, accumulated, or may be contained, and 
situated within two hundred feet of any other building, shall clear and 
remove such shavings or other combustible materials out of any such 
building and the yard belonging thereto at least three times in each 
week, under the penalty of five dollars for each offense. Any person or 
persons using rags or waste for rubbing furniture, or other varnished 
or oiled work, shall burn or cause to be burned all such rags or waste 
every day; but if any rags or waste so used are not burned before the 
close of the working day, such rags or waste shall be immersed in 
water. 

662. Stoves in shops and buildings.] No stove shall be 
used in any such shop or building, unless the same shall be set in a box 
surrounded with fire-proof material, with the pipe carefully set up and 
provided with a suitable collar where passing through wall or roof; and 
no lighted candle shall be used in any such shop or building except it 
be placed in a candlestick made of a material not liable to take fire, 
under a penalty of two dollars for each offense. 

663. Cpnveyance of fire through street.] No person shall 
carry fire in or through any street or lot, or other public or private 
place, except the same be placed in or covered by some close or secure 
pan or other vessel, under a penalty of one dollar for each offense. 

664. Removal of combustibles.] No person in removing any 
chips, shavings or other combustible matter, shall scatter or throw 
them or suffer them to be thrown or scattered on any street, alley or 
other public place, under a penalty of not less than ten nor more than 
fifty dollars for each offense. 

665. Boiling of pitch, etc.] No person shall boil any pitch, 
tar, resin or turpentine within the corporate limits, unless in an open 
space at least thirty feet distant from any building, vessel or other prop¬ 
erty, or in a fire-proof building, under a penalty of not less than ten 
nor more than twenty dollars for each offense. 


FIRE. 


145 


666. Deposit of hay etc.] No person shall deposit or stack 
any hay, straw or other combustible substance within one hundred 
feet of any dwelling-house, barn, stable, outhouse or building of any 
description within the limits of the city of Chicago, without first having 
obtained written permission from the mayor and both the aldermen of 
the ward in which the same may be located, under a penalty of not 
more than twenty-five dollars for each offense, and a like penalty for 
every week the same may remain after notice. 

667. Ashes in wooden vessel prohibited.] No person shall 
keep ashes in any barrel, box or other wooden vessel, or on any 
wooden floor in any building, under a penalty of not more than five 
dollars for each offense. 

668. Piling lumber.] No lumber shall be piled for the purpose 
of storing, seasoning or drying the same, within one hundred feet of 
any planing mill or wood-working manufactory, nor within one hun¬ 
dred feet of any private residence, unless the same has been erected 
since the establishment of such yard. Any person, firm or corporation 
violating any of the provisions of this section shall be fined in the sum 
of not less than ten nor more than one hundred dollars, and every day 
that any lumber shall remain piled, or any place kept for the storage or 
piling of lumber in contravention of any of the provisions of this sec¬ 
tion shall be deemed a new and distinct offense. 

ARTICLE IX. 

FIRE LIMITS. 

669. The following is hereby established as the fire limits of the 
city of Chicago: 

Commencing at a point on the shore of Lake Michigan and a line 
one hundred and fifty feet north of Belmont avenue, thence west on 
said line to the center of Halsted street; thence south on center line 
of Halsted street to center line of Fullerton avenue; thence west on 
center line of Fullerton avenue to the north branch of the Chicago 
river; thence along the said river to the center of Diversey avenue, 
and west on center line of Diversey avenue to center of North Kedzie 
avenue; thence south on center of North Kedzie avenue to center of 
West North avenue; thence west on center of West North avenue to 
center of North Fortieth avenue; thence south on center line of South 
Fortieth avenue to center of alley lying immediately north of Park 
avenue; thence west on center of said alley to center of South Forty- 
sixth avenue; thence south on center of South Forty-sixth avenue to 
center of West Madison street; thence west on center of West Madi¬ 
son street to center of South Forty-eighth avenue; thence south on 
center of South Forty-eighth avenue to center of West Jackson street; 
thence east on center of West Jackson street to center of South Forty- 
sixth avenue; thence south on center of South Forty-sixth avenue to 
center of Colorado avenue; thence northeast on center of Colorado- 
avenue to center of South Forty-fourth avenue; thence south on center 
10 


146 


GENERAL ORDINANCES. 


of South Forty-fourth avenue to the center of West Twelfth street; 
thence east on center of West Twelfth street to center of South For¬ 
tieth avenue; thence south on South Fortieth avenue to the Illinois and 
Michigan canal; thence along the said canal to center of South Western 
avenue; thence south on South Western avenue to center of \Vest 
Thirty-ninth street; thence east on center line of West Thirty-ninth 
street to center of State street; thence south on center of State street 
to center of Seventy-fifth street, and thence east on center of Seventy- 
fifth street to Lake Michigan. 

Also that territory bounded on the east by State street, on the north 
by Forty-seventh street, on the west by a line seventy-five feet west 
of and parallel to the west line of State street, and on the south by 
Sixty-third street; 

Also that territory bounded on the north by Forty-seventh street, 
on the east by a line seventy-five feet east of and parallel with the 
east line of Wentworth avenue, on the south by Sixty-third street, and 
on the west by a line seventy-five feet west of and parallel with the west 
line of Wentworth avenue; 

Also that territory bounded on the north by Forty-seventh street, 
on the east by a line seventy-five feet east of and parallel with Halsted 
street, on the south by Sixty-third street, and on the west by a line 
seventy-five feet west of and parallel with the west line of Halsted 
street; 

Also that territory bounded on the north by the north line of Forty- 
seventh street, on the east by State street, on the south by a line sev¬ 
enty-five feet south of and parallel with the south line of Forty-seventh 
street, and on the west by Halsted street; 

Also that territory bounded on the north by a line seventy-five feet 
north of and parallel with the north line of Sixty-third street, on the 
east by State street, on the south by Sixty-third street, and on the west 
by Ashland avenue; 

Provided, however, that any person or corporation desiring to erect 
or remove a frame or wooden building within that portion of the terri¬ 
tory bounded by the center line of Thirty-ninth street on the north, 
the center of State street on the west, the center of Seventy-fifth street 
on the south, and Lake Michigan on the east, of the limits above de¬ 
fined, shall have the right to do so upon presenting a petition to the 
commissioner of buildings of the city of Chicago, together with a plat, 
plans and specifications showing the place where the said building is 
to be situated, the work designed to be done, and the streets through 
which said building is to be moved, if such petition shall be verified 
by the affidavit of the applicant, and shall contain the written consent 
of the owners of a majority of the frontage upon each side of the street 
upon which the building is to be located, for a distance of five hundred 
feet each way. 

Also that territory bounded on the south by Sixty-third street, on 
the east by Wentworth avenue, on the north by the center line of Six¬ 
ty-first street, and on the west by the center line of Princeton avenue. 


CHAPTER XXVII. 


FIRE-ARMS, FIREWORKS AND CANNON. 

670. Fire-arms—prohibition.] No person shall fire or discharge 
ar ty gun, pistol, fowling-piece or other fire-arm within the corporate 
limits of the city of Chicago, under a penalty of not more than ten 
dollars for each offense. 

671. Fire -arms—minor.] No person shall sell, loan or furnish to 
any minor, any gun, pistol, fowling-piece or other fire-arm within the 
limits of the city, under a penalty of not more than fifty dollars for 
each offense. 

672. Fireworks—discharge.] No person shall fire, discharge or 
set off within the limits of the city of Chicago, any rocket, cracker, 
torpedo, squib or other fireworks or thing containing any substance 
of an explosive nature, under a penalty of not more than ten dollars 
for each offense; Provided, that the mayor may by proclamation per¬ 
mit the use of fireworks on the fourth day of July, and on such other 
day or days as he in his discretion may deem proper. 

673. Fireworks—dynamite.] No fireworks containing dynamite 
or any other explosive more powerful than ordinary black gunpowder 
shall be sold as a part of any fireworks in the city of Chicago, under a 
penalty of not more than fifty dollars for each offense. 

674. Storage of fireworks.] No squibs, rockets, crackers, ser¬ 
pents or other fireworks containing powder or other combustible or 
explosive materials shall be kept or stored within the limits of the city 
of Chicago, except the same be kept or stored in a fire-proof vault, 
under a penalty of not less than fifty nor more than one hun¬ 
dred dollars for each offense, and a like penalty for every twenty-four 
hours that said rockets, squibs, crackers or other fireworks contain¬ 
ing the aforesaid materials shall be kept or stored after the first con¬ 
viction. 

675. Cannon—discharge.] No cannon or piece of artillery shall 
be discharged or fired off in any street, avenue, alley, park or place 
within the corporate limits of the city without a written permission 
from the mayor, under a penalty of not more than twenty-five dollars 
for every offense. 

676. Fireworks -sale.] No person shall sell within the limits 
of the city any rockets, crackers, squibs or other fireworks containing 
any combustible or explosive material, under a penalty of not less 
that fifty dollars for each offense; Provided, that this section shall 
not apply to the sale of imported fireworks in their original packages. 

677. Torpedo on car tracks.] No person shall place upon 
the car tracks of any street railway, or upon the rails of any railroad 


147 


148 


GENERAL ORDINANCES. 


within the limits of the city of Chicago, either on the fourth of July 
or at any other time, any torpedo, bomb, or other thing containing 
any substance of an explosive nature, under a penalty of not less 
than ten dollars nor more than twenty-five dollars for each offense. 

678. Duty of police.] It shall be the duty of every member of 
the police force to see that the provisions of this chapter are strictly 
complied with and enforced. 



CHAPTER XXVIII. 


FISH. 


ARTICLE I. 

INSPECTOR AND HIS DUTIES. 

679. Office created.] There is hereby created the office of 
inspector of fish, who shall hold his office for the term of two years, 
and until his successor shall be appointed and qualified. 

680. Inspector—appointment.) Said inspector shall be ap¬ 
pointed by the mayor, by and with the advice and consent of the city 
council, on the first Monday in May, 1897 , or as soon thereafter as may 
be, and biennially thereafter. 

681. Bond.] He shall, before entering upon the duties of his 
office, execute a bond to the city of Chicago, in the sum of five thou¬ 
sand dollars, with such sureties as the city council shall approve, 
conditioned for the faithful performance of the duties of his office. 

682. Assistants—appointment and removal.] Said inspector 
shall have the right to appoint and remove one or more assistants, 
who shall have the same right to brand all packages inspected by 
either of them, in the name of said inspector; but each assistant shall 
have some distinctive mark, with which he shall designate each pack¬ 
age inspected by himself, so as to indicate by whom the inspection was 
actually made; and the said inspector shall have the right to take 
a bond, with sufficient penalty and security, running to himself, 
from each of the assistants appointed by himself, and of the same tenor 
as the bond herein required to be executed by said inspector; and 
he shall be liable for the acts of his said assistants. 

683. Weighing—standard packages.] The inspectorshall pro¬ 
cure sealed weights, and carefully weigh all fish offered for inspec¬ 
tion ; and to entitle said inspector to grant a certificate of true inspec¬ 
tion, or to brand the packages as duly inspected, he shall first find 
that the contents and weights of the several packages are as follows, 
viz: Each barrel shall contain two hundred pounds; each half barrel 
shall contain one hundred pounds; each quarter barrel shall contain 
fifty pounds; and each eighth barrel shall contain twenty-five pounds. 

684. Brand.] He shall, also, on branding any package of fish, 
plainly and distinctly mark on the head of each package, in some 
indelible manner, the kind, quantity and quality, of fish contained in 
each package, respectively, together with his name and the year and 
month in which the same shall have been inspected. 

149 



150 


GENERAL ORDINANCES. 


685. Fees.] Said inspector shall be entitled to the following fees 
for the performance of his duties, viz: For unheading, heading, weigh¬ 
ing, repacking, brining and inspecting and branding each barrel, 
twenty cents; each half barrel, ten cents; each quarter barrel, five 
cents; each extra hoop, five cents; each extra head, twenty cents. 

686 . Cooperage—payment for.] Whenever the said fish inspect¬ 
or shall, in the course of his employment, furnish any cask, barrel or 
other cooperage, or supply salt, it shall and may be lawful for him 
to charge therefor a just compensation. 

687. Package, strength and sufficiency.] He shall not put his 
brand upon any package of fish, as duly inspected, unless the same 
be well hooped and headed, and in all respects sufficient to retain 
brine, and also be in good shipping condition. 

688 . Record—report. ] He shall keep a record of the number of 
packages and sizes, and of the kinds and qualities of fish, and for whom 
inspected, each year; and shall make a report of the same to the city 
council, on the thirty-first day of December in each year. 

689. Office.] He shall keep an office at a convenient place 
on or near the Chicago river, which shall be kept open during busi¬ 
ness hours, and in which the inspector shall at all times have some 
person, during his absence, to receive orders. 

690. Prohibited dealings.] No person holding the office of fish 
inspector for said city of Chicago shall, nor shall his employes or as¬ 
sistants, or either of them, buy or sell, or deal in, or in anywise be 
interested in, any fish sold or received for sale in the city of Chicago. 

691. Inspection—right of entry.] Said inspector shall have 
power to inspect all pickled or salted fresh water fish and oysters 
found within the limits of the city, or exposed for sale, or kept with 
intent to sell therein; and may, for this purpose, enter into all buildings 
or enclosures where the same are kept stored or exposed for sale. 

692. Seizure.] When such fish or oysters are found, on inspec¬ 
tion, to be tainted, diseased, corrupted, or unwholesome, from any 
cause, said inspector shall seize the same and cause them to be de¬ 
stroyed or disposed of otherwise than for food; Provided, however, 
that if the owner of the property seized shall, at the time of the 
seizure, notify the said inspector, in writing, of his desire to appeal 
to the commissioner of health, said inspector shall cause said property 
so seized to be inspected by said commissioner, and if he shall find 
the same to be tainted, diseased, corrupted, or unwholesome, he shall 
order the same to be destroyed or disposed of otherwise' than for 
food; but if he shall not so find, the same shall be forthwith returned 
to the owner. AH moneys received for property disposed of as afore¬ 
said, shall, after deducting all expenses incurred by reason of such 
seizure, be paid to the owner thereof. 


FISH. 


151 


ARTICLE II. 

MISCELLANEOUS PROVISIONS. 

693. False assumption of office.] It shall not be lawful for any 
person not duly appointed and qualified as fish inspector, or assistant, 
to act, or assume to act, as inspector of fish, or hold himself out to the 
public to be such inspector. 

694. Interference with inspector.] No person shall, directly or in¬ 
directly, obstruct or wilfully interfere with the fish inspector of the city 
of Chicago, lawfully appointed as aforesaid, or any of his assistants or 
employes, in the legitimate exercise of any of the rights or the per¬ 
formance of any of the duties given, imposed and prescribed herein, 
or which may hereafter be given, imposed or prescribed by the or¬ 
dinances of the city, under the penalty of not less than twenty-five 
dollars for each offense. 

695. Freshwater fish. ] Any and all persons bringing or causing 
to be brought to the city of Chicago, or receiving on consignment or 
otherwise, for the purpose of sale, any freshwater fish in packages, 
shall have the same duly inspected by the fish inspector of the city of 
Chicago before such fish shall be sold or in any way disposed of; and 
it shall be the duty of every person having such fish in possession, 
for the purpose of selling or dealing in the same, and of every con¬ 
signee having fish on consignment, before the said fish shall be sold 
or in any way disposed of, to give notice to the inspector and have 
such fish duly inspected and branded; and for this purpose such per¬ 
son shall arrange the packages in a convenient manner, and have 
them in a suitable place. Any person or persons violating any of the 
provisions of this section .shall be fined in a sum not to exceed twenty- 
five dollars for every barrel or other package of fish so sold without 
such inspection. 

696. Brand—penalty.] The fish inspector shall brand upon each 
and every package of fish packed and put up in said city of Chicago 
for sale, of whatever size, the true and exact weight of fish in such 
package, and any person or persons who shall sell or dispose of any 
such package of fish not thus branded, shall be subject to a penalty of 
not to exceed twenty-five dollars for each and every offense. 

697. Inspector’s "default—penalty.] Any fish inspector violating, 
refusing or failing to comply with any of the provisions of this chap¬ 
ter, so far as they are made incumbent upon him, shall, for every of¬ 
fense, be liable to a fine of not less than five dollars, nor more than 
one hundred dollars; which said fine may be collected in the name and 
for the use of the city of Chicago; and shall also be subject to imme¬ 
diate removal from office. 

698. Penalty.] Any person who shall violate any of the pro¬ 
visions of this chapter, for which no other penalty is provided, shall 
forfeit the sum of not to exceed twenty-five dollars for each and every 

offense. 


CHAPTER XXIX. 


FOREIGN FIRE INSURANCE COMPANIES. 

699. Business prohibited—when.] It shall be unlawful for any 

corporation, company or association, not incorporated under the laws 
of the state of Illinois, to engage, in the city of Chicago, in effecting 
fire insurance, or transact any business of insurance in said city before 
fully complying with all of the provisions of this chapter, but this pro¬ 
vision shall not relieve any company, corporation or association from 
the payment of any risk that may be undertaken in violation of this 
chapter. 

700. One per cent, gross receipts—pay in city treasury.] Any such 

corporation, company or association, not incorporated under the laws 
of the state of Illinois, engaged in the city of Chicago in effecting fire 
insurance, shall pay to the treasurer of the city of Chicago, for the 
maintenance, use and benefit of the fire department of said city, a sum 
of money equal to the amount of one per cent, per annum of the gross 
receipts received for premiums by the agency in said city of said 
corporation, company or association during the year ending on every 
first day of July, for any insurance effected or agreed to be effected 
in said city by or with such corporation, company or association. 
Such sum shall be paid, as aforesaid, on or before the fifteenth day 
of July of each and every year, and upon such payment a receipt 
shall be issued therefor. 

701. Company to make report each year.] Every person or 
firm who shall act in the city of Chicago as agent or otherwise, for or 
on behalf of any such corporation, company or association, shall on or 
before the fifteenth day of July of each and every year render to the 
city treasurer of the city of Chicago a full, true and just account, 
verified by his or their oath, of all premiums which, during the year 
ending on the first day of July preceding such report, shall have been 
received by him or them, or any other person for him or them, in 
behalf of any such corporation, company or association, and shall 
specify in such report the amounts received for fire insurance. Said 
agent shall also at the time of rendering the aforesaid report pay to 
the treasurer of said city the sum of money for which such company, 
corporation or association, represented by him or them, is chargeable, 
by virtue of the provisions of this chapter. 

702. Recovery by suit.] The said sum of money for which 
such company, corporation or association is so chargeable, may be 
recovered of it, or its agent or agents, by an action in the name of and 
for the use of said city of Chicago. 

Nothing in this section shall be held to exempt any person, firm, 

152 


FOREIGN FIRE INSURANCE COMPANIES. 


153 


corporation, company or association from indictment and conviction 
under the provisions of an act entitled “An Act to enable cities, towns 
and villages, organized under any general or special law, to levy and 
collect a tax or license fee from foreign insurance companies for the 
benefit of organized fire departments,” in force July i, 1895. 

703. Insurance broker—concerning*. 1 No insurance broker 
in the city of Chicago shall place any insurance with any company, 
association or corporation not incorporated under the laws of this 
state, which shall be in default for not reporting or making payment 
as hereinbefore provided, until said company, association or corpora¬ 
tion shall have complied with all the provisions of this chapter. 

704. Broker defined—license—fee.] An insurance broker 
is one who is engaged in procuring or placing insurance on buildings, 
vessels or other property, for others. It shall be unlawful for any 
person or persons to exercise within the city of Chicago the business 
of an insurance broker without a license therefor, and there shall 
be collected annually in advance for every license granted for any in¬ 
surance broker or firm of such brokers, the sum of twenty-five dollars. 
^705. Penalty.1 Any person or firm of persons violating any of 
the provisions of the two foregoing sections of this chapter shall, upon 
conviction thereof, be fined not less than twenty-five dollars nor more 
than two hundred dollars, and be subject to a fine within the same 
limits for every subsequent violation thereof. 


CHAPTER XXX. 


GAMING. 

706. Places kept for gambling—nuisance.] Every house, 
room, yard or other premises kept for the purpose of permitting per¬ 
sons to gamble for any valuable thing within the limits of the city of 
Chicago, is hereby declared to be a common nuisance. All persons 
who own, keep, maintain, manage or conduct, or who are interested 
in any such place, shall, upon conviction, be fined not exceeding two 
hundred dollars. 

707. Gambling prohibited.] No person shall deal, play or en¬ 
gage in faro, roulette or any other device or game of chance, hazard 
or address, either as banker, dealer, player or otherwise, for the pur¬ 
pose of gaming, under a penalty of not less than ten dollars nor more 
than two hundred dollars for every offense. 

708. Duty of police.] It shall be the duty of all members of 
the police force to give information to the mayor of each house or 
other place within the city wherein such games or devices, or tables 
or other instruments or things for the purpose of gaming, are or may 
be set up, kept or maintained; and said police officers shall take all 
lawful means to suppress and prevent the playing at the tables, games 
or devices aforesaid, and for this purpose, when and as often as any 
one of them shall have reasonable cause to suspect that any such 
table, game or device is set up, kept or maintained as aforesaid, he 
shall forthwith make complaint thereof before some justice of the 
peace, and obtain a warrant authorizing him to enter such house, 
houses or place or any room within the same; and said police officer 
shall thereupon have authority to demand entry therein, and any 
person or persons who shall refuse or neglect to open the door or 
entrance to such house, houses or place or any room within the 
same, upon application of any police officer having such warrant, 
shall forfeit and pay a fine of not less than twenty-five dollars nor more 
than two hundred dollars for each and every offense. 

709. Possession of gambling device.] No person shall bring 
into the city of Chicago, or have in his, her or their possession in the 
said city, for the purpose of gaming, any table, thing or device of any 
kind or nature, whereon or with which money or any other thing of 
value may in any manner be played for, under a penalty of not less 
than twenty-five dollars nor more than two hundred dollars for each 
and every offense. 

710. Gaming on street.] No person shall expose in any of the 
streets, avenues or other public places within the limits of the city, 
any table or device of any kind whatever, upon or by which any game 

154 


GAMING. 


155 


of chance or hazard can be played, or shall play at or upon any such 
table or device, under a penalty of not to exceed twenty-five dollars 
for each offense. 

711. Visitor—keeper—runner, etc.] Every person who shall 
patronize, visit, frequent or be connected with the management of, or 
any door-keeper, solicitor, runner, agent, abettor or pimp of any 
house, room, yard or other premises kept for the purpose of permitting 
persons to gamble for any valuable thing within the limits of the city 
of Chicago, hereinbefore declared to be a common nuisance, shall, upon 
conviction, be fined not to exceed two hundred dollars for each offense. 

712. Seizure of gaming implements.] It is hereby made the 
duty of every member of the police force to seize any table, instrument, 
device, or thing used for the purpose of gaming; and all such tables, 
instruments, devices or things shall be destroyed. Any person or per¬ 
sons obstructing or resisting any member of the police force in the 
performance of any act authorized by this section shall be subject to 
a fine of not less than fifty dollars nor more than two hundred dollars 
for each offense. 


LOTTERY. 

713. Prohibited.] Whoever sets up or promotes any lottery for 
money, or by way of lottery disposes of any property of value, real 
or personal, or under pretense of a sale, gift, or delivery of any other 
property or any right, privilege, or thing whatever, disposes of or 
offers or attempts to dispose of any real or personal property with 
intent to make the disposal of such real or personal property dependent 
upon or connected with any chance by dice, lot, numbers, game,hazard, 
or other gambling device whereby such chance or device is made an 
additional inducement to the disposal or sale of said property, and 
whoever aids, either by printing or writing, or is in any way concerned 
in the setting up, managing or drawing of any such lottery, or in such 
disposal, or offer or attempt to dispose of property by any such chance 
or device, shall, for each offense, be fined not less than fifty dollars 
nor more than two hundred dollars. 

714. Owner or lessee of building.] Whoever, in a house, 
shop, or building owned or occupied by him, or under his control, 
knowingly permits the setting up, managing, or drawing of such lot¬ 
tery, or such disposal or attempts to dispose of property, or the sale 
of a lottery ticket, or share of a ticket, or any other writing, certificate, 
bill, token or other device, purporting or intended to entitle the holder, 
bearer or any other person to a prize, or to a share of or interest in a 
prize, to be drawn in a lottery, or in such disposal of property, and 
whoever knowingly suffers money or other property to be raffled for 
in such house, shop or building, or to be won there, by throwing or 
using dice, or by any other game of chance, shall, for each offense, be 
fined not less than fifty dollars nor more than two hundred dollars. 

715. Agents.] Whoever sells, either for himself or for another 
person, or offers for sale, or has in his possession, with intent to sell 


156 


GENERAL ORDINANCES. 


or offer for sale, or to exchange or negotiate, or in anywise aids or 
assists in the selling, negotiating or disposing of any ticket in any such 
lottery, or a share of a ticket, or any such writing, certificate, bill, 
token, or other device, or any share or right in such disposal or offer 
as is mentioned in this chapter, whether such lottery or the drawing 
thereof is in this city or elsewhere, shall, for each offense, be fined not 
less than fifty dollars nor more than two hundred dollars. 

716. Advertising prohibited.] Whoever knowingly prints, pub¬ 
lishes, distributes or circulates, or knowingly causes to be printed, 
published, distributed or circulated any advertisement of any lottery 
ticket or scheme, or any share in such ticket or scheme, for sale, either 
by himself or by another person, or sets up, or exhibits, or devises, or 
makes, for the purpose of being set up and exhibited, any sign, symbol, 
or emblematic or other representation of a lottery, or the drawing 
thereon, in any way indicating where a lottery ticket, or any share 
thereof, or any such writing, certificate, bill, token or other device be¬ 
fore mentioned may be purchased or obtained, or in any way invites, 
or entices, or attempts to invite or entice, any other person to pur¬ 
chase or receive the same, shall, for each offense, be fined not ex¬ 
ceeding two hundred dollars. 

POOL-SELLING, BOOK-MAKING. 

717. Betting prohibited.] All betting, wagering, speculating, 

pool-selling, or book-making upon any horse race or races or the result 
thereof, and all gambling and games of chance of every nature what¬ 
soever, within or upon any and all race tracks and race courses, or in 
any building or buildings within any race track or race course, within 
the limits of the city of Chicago is hereby prohibited. 

718. Penalty.] Any person or persons found betting, wagering, 
speculating, or selling pools upon any horse race or the result thereof, 
or engaged in book-making, gambling or games of chance within or 
upon any race track or race course, or in any building or buildings 
within any race track or race course, within the limits of the city of 
Chicago, shall be deemed guilty of a misdemeanor and, upon convic¬ 
tion thereof, shall be fined not less than one hundred dollars nor more 
than two hundred dollars. (See Sec. 13 /e, Chapter 38 , Hurd’s Re¬ 
vised Statutes.) 

719. Owner — lessee — occupant — exception.] Any person, 

persons or corporations who keep any room, shed, tenement, tent, 
booth, or building, or any part thereof, or who occupy any place upon 
any public or private grounds within this city, with any book, instru¬ 
ment or device, for the purpose of recording or registering bets or wa¬ 
gers, or of selling pools, or any person who records or registers bets or 
wagers, or sells pools upon the result of any trial or contest of skill, 
speed or power of endurance of man or beast, or upon the result of 
any political nomination, appointment, or election; or being the 
owner, lessee or occupant of any room, shed, tenement, tent, booth or 


GAMING. 


157 


building, or part thereof, knowingly permits the same to be used or oc¬ 
cupied for any of these purposes, or therein keeps, exhibits or em¬ 
ploys any device or apparatus for the purpose of recording or regis¬ 
tering such bets or wagers, or selling of such pools, or becomes the 
custodian or depository for hire, or privilege, of any money, property, 
or thing of value staked, wagered or pledged upon any such result, 
shall be fined in a sum not less than fifty dollars nor more than two 
hundred dollars; Provided, however, that the provisions of this section 
shall not apply to the actual enclosure of any fair or race track associa¬ 
tion incorporated under the laws of the state, during the actual time 
of the meetings of said association, or within twenty-four hours before 
any such meeting. 


CHAPTER XXXI. 


GAS. 


ARTICLE I. 

INSPECTOR OF GAS METERS AND GAS. 

720. Office created.] There is hereby created the office of in¬ 
spector of gas meters, who shall hold his office for the term of two 
years, and until his successor shall be appointed and qualified. 

721. Appointment—term.] Said inspector shall be appointed 
by the mayor, by and with the advice and consent of the city council, 
on the first Monday in May, 1897 , or as soon thereafter as may be, and 
biennially thereafter. 

722. Bond.] He shall, before entering upon the duties of his 
office, execute a bond to the city of Chicago, in the sum of ten 
thousand dollars, with such sureties as the city council shall approve, 
conditioned for the faithful performance of the duties of his office. 

723. Duty to test meters.] It shall be the duty of such inspector 
to examine and test any gas meters furnished to the consumer by any 
gas company furnishing gas in this city, whenever requested so to 
do by such consumer. 

724. Notice of test.] The inspector shall in every case give 
notice to the consumer, and also to the gas company at its office, of 
the time and place when and where he intends to test the meter. 

725. Inspection conclusive.] The inspection herein provided for 
shall be conclusive, both upon the company and the consumer, as to 
the amount of gas consumed three months before the close of the 
month in which any meter shall be inspected. 

726. Fees.] The said inspector shall be entitled to receive, in 
advance, from any consumer requiring his services, the sum of one 
dollar and his reasonable expenses, not exceeding two dollars for each 
meter by him inspected; such sum, however, to be refunded by the gas 
company, upon presentation to their treasurer of the inspector’s cer¬ 
tificate that the meter has been found by him to measure more gas 
than was actually consumed. 

727. Certificate.] The inspector shall, when so requested by 
either party, furnish to the consumer or the gas company, free of 
charge, a certificate of the result of the examination made by him, of 
any meter. 

728. Time table for public gas lamps.] The city comptroller is 
hereby required, whenever it shall become necessary, to employ the 

158 



GAS. 


159 


services of some competent person, and, with the assistance of such 
person, to calculate and determine upon a time table for lighting and 
extinguishing the public street lamps of the city of Chicago, and report 
the same to the city council for adoption. The comptroller shall 
furnish correct copies of the time table adopted by the council, to 
the respective gas companies which now or may hereafter have con¬ 
tracts to furnish the city with gas in the public street lamps, to the 
inspector of gas meters, and to the several watchmen stationed at the 
tire engine houses where test meters are now located or to be lo¬ 
cated, as hereinafter provided, and when such time table shall have 
been adopted and copies so distributed as aforesaid, the same shall 
regulate the time of lighting and extinguishing all the public street 
lamps within said city, as provided in the several contracts with said 
gas companies. 

729. Test lamps—inspection, ] Said inspector shall carefully in¬ 
spect and test each of the gas meters attached to what are commonly 
called test-lamps, and by which the gas paid for by the city of Chicago 
is measured, as often as once in three months, and cause the same 
to be kept in perfect order; and shall examine and test the burners 
on such test-lamps, and in case they consume too fast or too slow shall 
cause the same to be properly adjusted. He shall, before proceeding 
to test any such test or gauge meter or burner, give reasonable notice, 
in writing, of the time and place of making such test, to the proper 
gas company. 

730. Record of test—report.] Thesaidinspectorshallonthe day 
on which the respective gas companies take the state of test or gauge 
meters, each and every month, attend in person and take the state 
of the meters, and keep a record of each; and he shall on the succeeding 
day make a report thereof to the city comptroller, showing the number 
of feet of gas shown to be consumed by each of said test meters, 
giving their location; and it is hereby made the duty of said gas com¬ 
panies to give the said inspector notice of the time of taking the state 
of such meters, and on failure to receive such notice, the said inspector 
shall, on the first day of each month, proceed in person to take the 
state of such meters, and report to the comptroller the day following; 
Provided, that if any of the days herein set shall fall on Sunday, the 
day following shall be substituted: and provided, further, that in case 
said inspector, from sickness or other unavoidable causes, shall be 
unable to perform the duties herein required, the mayor shall forth¬ 
with designate and appoint some competent person to act and perform 
said duties for the time being. 

731. Gauge meters at engine houses.] The department of public 
works shall cause to be maintained a test or gauge meter and lamp at 
two different fire engine houses in each division of the city, to be 
known as city test or gauge lamps, which shall be furnished with like 
meters and burners as the other test lamps. The meters of the same 
shall be enclosed with a strong wooden box, securely locked, and the 
key thereof given to the inspector of gas meters. The respective gas 




160 


GENERAL ORDINANCES. 


companies are hereby authorized to test the said city test or gauge 
lamps, meters and burners, once in three months, if they desire to do 
so, after giving reasonable notice to the inspector, of such intention. 

732. Watchman’s record,] It is hereby made the duty of the 
watchman, at each hre engine house in said city, where any meter at¬ 
tached to test or gauge lamps is or may be located, to keep a true and 
correct record of the time at which such test or gauge lamp is 
lighted, and of the time when the same is extinguished. 

733. Watchman’s report.] The watchman at such fire engine 
houses where the city test-lamps are located, and the meters locked up, 
as hereinbefore provided, shall attend to the lighting and extinguishing 
of the same, in strict accordance with the time table provided for in this 
chapter. All watchmen shall make monthly reports, under oath, to 
the inspector of gas meters; and whenever the duty required of the 
watchman in regard to test gas lamps shall be performed by any mem¬ 
ber of the police force, he shall receive the same extra compensation as 
is allowed to the watchman. 

734. Extinguishment of lights,] To equalize the time, it is here¬ 
by made the duty of the person employed to light the public street 
lamps by the several gas companies which furnish the city with gas, to 
cause the test or gauge lamps and other public lamps first lighted to be 
first extinguished, taking them in the same order in which they were 
respectively lighted; that is to say, if any test or gauge lamp is first 
lighted it shall be the first extinguished, and so with the street lamps. 
And it is hereby made the duty of all police patrolmen, as well as all 
firemen and watchmen at fire engine houses, to report all violations of 
the provisions of this section to the inspector of gas meters, who shall 
report the facts in writing to the city council without delay. 

735. Monthly report,] The inspector shall file, with his monthly 
reports to the comptroller, the reports of the respective watchmen, and 
the comptroller shall compare the time so reported with the quantity of 
gas consumed, as reported by said inspector, and in case he finds any 
material discrepancy between the quantity so ascertained and the bills 
rendered by the respective gas companies, he shall not pay such bills 
until they are properly adjusted; and the said comptroller is hereby 
authorized on the part of the city to make such adjustment on fair 
and equitable principles. 

736. Report of gauge lamps,] The inspector shall also care¬ 
fully report to the city comptroller the state of the city test or gauge 
lamps, as shown by their meters on the same day the other test lamps 
are taken, and the said comptroller shall examine and compare the 
same with the report of the other test lamps, and if he finds any sub¬ 
stantial discrepancy between the said reports, he shall forthwith make 
an investigation as to the cause of such discrepancy, and report the 
result of such investigation to the city council. 

737. Supervision over street lamps.] It is hereby made the 
duty of said inspector to keep a supervision over all the said test lamps 
and the public street lamps, together with the burners thereto attached, 


GAS. 


161 


and he shall see that they are kept clean and in perfect order; the burn¬ 
ers to be of equal size, and of the size provided for in the contract of 
said city with any person or Company furnishing* or supplying the city 
with gas. 

738. Office hours—apparatus,] The said inspector shall keep 
an office in the city hall, to be provided by the department of public 
works, where he shall be found at all business hours of the day, except 
when absent on business connected with his official duties, and shall 
keep in his office a good and accurate photometer, meter and prover, 
to be furnished by the city of Chicago. 

739. Quality of gas.] Said inspector shall, from time to 
time, make photometrical tests of the quality of the gas furnished by 
the gas companies, and shall communicate to the city council the result 
of such tests. 

740. Records preserved.] The said inspector shall keep books 
in his office in which he shall record the number of each meter in¬ 
spected by him, and the time when it was tested and proven by him, 
the reports of said watchman and his own reports hereby required, and 
all notices given by him, and other proceedings of his office, which 
records shall at all times be open to public inspection. 

741. Test lamp examination.! When any meter or burner at 
any test lamp is to be examined by any gas company or person furnish¬ 
ing gas to the city, the said inspector shall attend in person at such ex¬ 
amination, keep a record thereof, and forthwith report to the city 
comptroller the result of such examination. 

742. Quarterly reports.] The said inspector shall make quarterly 
reports, in writing, to the city council, showing the condition of test 
or gauge meters and burners, and also of the street lamp burners. He 
shall also report the number of private meters by him tested each quar¬ 
ter, and the amount of compensation by him received, and by whom 
paid. Such quarterly reports shall be made on the second Monday of 
May, August, November, and February, of each and every year. 

743. Apparatus.] The city comptroller is hereby authorized 
and required to furnish all necessary apparatus, books and blanks, and 
to pay all reasonable expenses for the same out of the gas-light fund 
appropriation. 

744. Penalties. ] If any person or persons shall unlawfully tam¬ 
per with, alter or change any gas meter, public or private, or the reg¬ 
ister thereof, or the burner of any test, gauge, or public street lamp, 
with the intent to defraud the city of Chicago, or with the intent to de¬ 
fraud any gas company, corporation, person or persons; or if any 
person or persons shall violate any of the provisions or requirements 
of this article, the person or persons so offending shall be liable to a 
penalty of not. less than ten nor more than one hundred dollars for 
each and every such offense. 


u 


162 


GENERAL ORDINANCES. 


ARTICLE II. 

DEPOSITS FOR METERS. 

745. Deposit as condition precedent.] It shall be unlawful 

for any person, firm or corporation engaged in the business of fur¬ 
nishing illuminating or fuel gas for consumption in the city of Chi¬ 
cago, to require or receive any deposit of money or other valuable 
article as a condition precedent to or as security for furnishing the 
same. 

746. Deposit with city treasurer,] Whenever any person, 
firm or corporation in said city shhll require illuminating or fuel gas, 
he, they, or it shall apply to any person, firm or corporation whose 
business it is to supply gas of the quality so desired and whose gas 
mains are located in the street or alley adjoining the premises upon 
which such gas is required, whereupon the party so supplying gas 
shall estimate as nearly as may be, either by some method hereafter 
devised, or by some rule or method now in vogue, or by the state¬ 
ment of the first monthly bill, the quantity of gas which such applicant 
would be expected to consume per month, and shall estimate the value 
thereof, at the then current rate of charges therefor and shall certify 
the same to such applicant, whereupon such applicant shall deposit 
with the city treasurer of the city of Chicago, the sum so estimated, 
taking such treasurer’s receipt therefor, issued in duplicate, and shall 
deliver to the party so furnishing gas the said duplicate receipt, and 
thereupon it shall be the duty of such party so furnishing gas to plaice 
a meter, make all necessary connections and furnish gas to such ap¬ 
plicants. 

747. Present receipt for deposit and interest,] Whenever 
any person, firm or corporation who has made a deposit of money 
with the city treasurer, as aforesaid, desires to discontinue the use of 
such gas, he, they or it shall notify the party so furnishing the same 
of such desire, and shall pay all moneys due for gas theretofore fur¬ 
nished, and shall demand and receive a receipt therefor as in full of the 
same, and upon presentation of the same, together with the original 
deposit receipt, shall receive from the said city treasurer the amount 
of said deposit with unpaid accrued interest thereon. 

748. Rate of interest.] Deposits of money made with the city 
treasurer, under the provisions of this ordinance, shall bear interest 
at the rate of five per centum per annum, payable semi-annually. 

749. Deposit too small.] Nothing herein contained shall be 
construed to require any person, firm or corporation engaged in the 
business of supplying gas, to furnish to any consumer any more gas 
than would be paid for by the amount of the aforesaid deposit, be¬ 
fore the same shall be paid for by such applicant, but such deposit 
shall be treated as a security for the payment of gas furnished to such 
applicant. The city treasurer shall pay such part thereof to the party 
furnishing said gas, upon presentation of said duplicate receipt and 


GAS. 


163 


satisfactory proof of the amount of gas furnished and unpaid for, as 
will pay the same, and whenever it shall be found that such deposit 
is too small to furnish the security contemplated the sarrte shall be in¬ 
creased and new certificates of deposit issued. 

Any person or persons in arrears with any corporation for furnish¬ 
ing illuminating gas or fuel gas shall be required to deposit not less 
than ten nor more than fifty dollars. 


CHAPTER XXXII. 


I 


GRADES. 

750. Record of benches and elevations.] It shall be the duty of 

the superintendent of sewers to have accurate standard elevations and 
city bench marks established from, and referring to, “Chicago City 
Datum’’ as “Low Water of 1847 ,” and after they have been ratified 
and confirmed by the city council, to make and keep a careful and 
complete record of such standards and bench marks. He shall also 
make and keep a record of all the street grades heretofore and here¬ 
after established by the city council. From the elevations given in said 
records all public works and private improvements shall be con¬ 
structed. The elevations, bench marks and street grades contained 
in said records shall be the legal and only standard representing city 
datum. 

751. Bench engineer.] The said superintendent of sewers shall 
designate from among the corps of engineers in his department one 
competent and experienced civil engineer to be known as the bench 
engineer, whose duties shall be t~ make and record city standards and 
benches. 

752. Grade ordinances.] All ordinances fixing the grades of 
streets in the city of Chicago shall be referred to the superintendent 
of sewers and shall be passed by the city council only upon the 
recommendation of said superintendent. 

753. Straight lines.] All street grades shall be established along 
the curb lines of said streets and shall run in a straight line from the 
established grade at any street intersection to the established grade 
at the intersection of the next street thereto, or to any established 
street grade between the intersections of said streets. The term “in¬ 
tersection of streets” shall be taken as the corners of curb at street 
crossings. 


164 


. • CHAPTER XXXIII. 

GUNPOWDER AND EXPLOSIVES. 

754. Explosives—sale—permit.] No person shall keep, sell or 
give away any gunpowder, gun-cotton or cartridges, in any quantity, 
without permission in writing, signed by the mayor and city clerk, and 
sealed with the corporate seal, under a penalty of not more than 
twenty-five dollars for every offense; Provided, any person may keep 
for his own use a quantity of gunpowder or gun-cotton not exceed¬ 
ing one pound. 

755. Permits—number limited.] All applications for such per¬ 
mits shall be made to the mayor; and no more than four shall be 
granted in any block. When the number of applications in any 
block shall at any time exceed the number to be granted, the author¬ 
ized number shall be chosen by ballot by the city council. 

756. Register of permits.] The city clerk shall make an entry 
thereof in a register to be provided for that purpose, which entry 
shall state the name and place of business and date of permit. 

757. Sale during evening,] No person shall sell or weigh any 
gunpowder or gun-cotton after the lighting of lamps in the evening, 
unless in sealed canisters or cases. 

758. Sign showing sale of.] It shall be the duty of every per¬ 
son to whom such permit shall be given to keep a sign at the front 
door of his place of business with the word “gunpowder” painted or 
printed thereon in large letters. 

759. Gunpowder—amount on hand.] No person, firm or cor¬ 
poration shall have or keep at his, their or its place of business, or 
elsewhere within the city, or within one mile of the limits thereof, 
a greater quantity of gunpowder or gun-cotton than fifty pounds at 
one time, and the same shall then be kept in tin canisters or cases, 
containing not to exceed thirty pounds each, and in a situation re¬ 
mote from fires, lighted lamps, candles, gas or other inflammable 
matter, from which the same may be easily removed in case of fire, and 
then only by first obtaining a permit as herein required. 

760. Powder magazine.] No powder magazine or place for stor¬ 
ing or keeping gunpowder or gun-cotton shall be kept or maintained 
within the city or within one mile of the limits thereof: Provided, how¬ 
ever, the provisions of this section shall not be held or construed to ap¬ 
ply to any powder magazine or place now used or that may be here¬ 
after erected and used for storing gunpowder or gun-cotton within 
the city, or within one mile of the limits thereof, which is now or mav 
hereafter be located on any lot, piece or parcel of land, the size or 
area of which is such that the boundaries thereof are not less than 

165 


166 


GENERAL ORDINANCES. 


fifty rods distant from the walls of any such magazine or place, and 
the title to which said lot, piece or parcel of land, together with all 
the improvements thereon, by purchase or lease, is vested in the per¬ 
son, firm or corporation owning any such magazine or place now 
or hereafter used for the storage of gunpowder or gun-cotton, as 
aforesaid. 

761. Conveyance through streets.! It shall be unlawful for any 
person or persons to carry or convey any gunpowder or gun-cotton 
(exceeding fifty pounds in quantity) through any street, alley, highway 
or road in the city, or within one mile of the limits thereof, in any 
cart, carriage, wagon, dray or wheelbarrow, or otherwise, unless the 
said gunpowder or gun-cotton be secured in tight cases or kegs well 
headed and hooped and put into and entirely covered with a good, 
tight and substantial leather bag sufficient to prevent the same from 

• being spilled or scattered, or unless the same is put into a well covered 
and perfectly water tight box, the bottom and sides of which shall be 
completely covered with zinc, or unless such gunpowder or gun-cot¬ 
ton be secured in water tight patent metallic cases or kegs. 

762. Removal—large quantities.] All gunpowder and gun-cot¬ 
ton coming into the city in greater quantities than fifty pounds shall, 
within twenty-four hours after its arrival, be transported and conveyed 
beyond the city limits and beyond one mile of the limits thereof; Pro¬ 
vided, however, that powder or gun-cotton may be conveyed to and 
stored in the magazines beyond the city limits which are embraced in 
the exceptions made in section 760 , and provided, further, that in case 
of the receipt in or shipment from said city of powder in quantities ex¬ 
ceeding one hundred kegs in one lot, the superintendent of police or 
fire marshal may, on a proper case made, grant special permit in writ¬ 
ing, extending said time not exceeding forty-eight hours. 

763. Same subject.! No gunpowder or gun-cotton shipped to 
or from the city of Chicago shall be permitted or suffered to be or 
remain on any dock, landing, street, alley, highway, railroad track or 
car, or other place within said city, or within one mile of the limits 
thereof, in a greater quantity than fifty pounds, except as herein other¬ 
wise provided, for a longer period than a reasonable time to load and 
unload the same, which time, however, shall not exceed twelve hours; 
Provided, however, the superintendent of police or fire marshal may, 
by permit in writing, extend said time not exceeding twenty-four 
hours. 

764. Vehicle carrying explosives.! No wagon, dray, cart, or 
other vehicle, loaded in whole or in part with gunpowder or gun-cotton 
shall be permitted to stand or remain on any street, alley, highway, or 
place in said city, or within one mile of the limits thereof, more than 
half an hour at a time, except when unavoidably detained by the open¬ 
ing of bridges; and every magazine, safe, box or keg used for storing 
or transporting, and all vehicles employed in hauling gunpowder or 
gun-cotton within the city, or within one mile of the limits thereof, 


GUNPOWDER AND EXPLOSIVES. 


107 


shall have the word “powder” painted upon both sides of them in large 
letters. 

765. Vessel carrying explosives.] No vessel laden in whole 
or in part with gunpowder or gun-cotton shall land or make fast to 
any dock or wharf upon the Chicago river, or either branch thereof, 
between the south line of the school section and Chicago avenue, or dis¬ 
charge such gunpowder or gun-cotton within said limits. If any mas¬ 
ter or owner of any vessel or other person shall violate any provision 
of this section, he shall be subject to a fine of not less than twenty dol¬ 
lars nor more than one hundred dollars. 

766. Removal of vessel.] The mayor or superintendent of 
police shall have power to cause any vessel to be removed from the 
limits mentioned in the preceding section, to any place beyond the 
same, by a written order, which shall be executed by the harbor mas¬ 
ter, or any member of the police force. If any person shall neglect or 
refuse to obey such order, or shall resist any officer in the execution of 
the same, he shall be subject to a penalty of not more than one hun¬ 
dred dollars. 

767. Permits—fee.] All permits granted under this article 
shall expire on the first day of May in each year. No permit shall be 
granted to any retailer of intoxicating liquors or to any intemperate 
person. The collector shall receive, for the use of the city, twenty-five 
dollars for each and every such permit which may be issued. 

768. Seizure.] All gunpowder or gun-cotton which shall be 
found in any store, storehouse, manufactory or other building, or 
which may be found in any cart, wagon or other vehicle, or on board 
any steamboat, tug or other vessel which shall make fast to any dock 
or wharf in the city of Chicago, or anchor within the jurisdiction of 
said city, in violation of any provision of this article, shall be immedi¬ 
ately seized and removed to some secure place, and it is hereby made 
the duty of the members of the police force to assist in said seizure 
when called upon. 

769. Manufacture of explosives.] It shall not be lawful for 
any person or persons to manufacture within the limits of the city any 
explosive material or compound, to be used for any purpose, the manu¬ 
facture of which would be dangerous to life and property, under a pen¬ 
alty of not more than one hundred dollars, and a further penalty of 
fifty dollars for each and every day that such explosive material or 
compound may be manufactured after written notification for discon¬ 
tinuance thereof by the fire marshal. 

770. Penalty.] It shall not be lawful to store or keep in any 
building or other place within the corporate limits, or convey through 
any street, avenue, alley or other public place, any dynamite, nitro¬ 
glycerine or any other explosive material or compound other than gun¬ 
powder, unless a permit in writing for such purpose be first obtained 
from the mayor, under a penalty of not more than one hundred dol¬ 
lars for each and every offense, and a further penalty of fifty dollars 


168 


GENERAL ORDINANCES. 


tor each and every day that such explosive material or compound may 
remain stored, kept, deposited or conveyed, as the case may be. 

771. Sign showing sale of explosives.] In all buildings in 
which any explosive material or compound, as regulated by the two 
preceding sections, is stored or kept under a permit obtained from the 
mayor, it shall be the duty of the person or persons so storing it to 
place a tin sign on the door, or some other conspicuous place on the 
outside of the first story of such building, on which shall be painted in 
legible letters, the name of the compound or material so kept or 
stored, under a penalty of not more than fifty dollars, and a further pen¬ 
alty of twenty-five dollars for each and every day after written notifica¬ 
tion from the fire marshal to comply with the provisions of this section. 

772. Penalties,] Any person or persons, corporation or corpo¬ 
rations, violating any of the provisions of this article, when no other 
or different penalty is provided, shall be subject to a penalty of not less 
than fifty dollars, and not exceeding two hundred dollars, for each and 
every offense; and each and every day that gunpowder or gun-cotton 
shall be kept in any place contrary to any provision of this chapter shall 
constitute a separate and distinct offense. 


I 


CHAPTER XXXIV. 

HARBOR AND HARBOR MASTER. 

773. Office created — assistants — bridge-tenders.] There 
shall be appointed by the mayor, with the advice and consent of the 
city council, on the first Monday in May, 1897 , or as soon thereafter 
as may be, and biennially thereafter, one person to be harbor master 
and one person to be vessel dispatcher for the port of Chicago and 
two persons to be assistant harbor masters and assistant vessel dis¬ 
patchers, and who shall perform such duties as may be prescribed 
by the ordinances of the city of Chicago. The harbor master shall 
wear such uniform as the police department may adopt as the uniform 
of a lieutenant of police; the assistant harbor masters shall wear such 
uniform as the police department may adopt as the uniform of a patrol 
sergeant of police. At the same time and in the same manner as 
hereinbefore provided there shall also be appointed such number of 
bridge tenders as the city council shall designate and provide for in 
the appropriation ordinance. 

774. Bonds.] Each of said officers or employes provided for 
herein shall be required to give such bonds for the faithful discharge 
of their respective duties as the mayor or city council may prescribe, 
and shall be removable by the mayor. 

775. Office—office hours.] It shall be the duty of every per¬ 
son so appointed and employed as harbor master, to keep an office 
in such place as the city council shall designate, where at all times 
during the season of navigation he can be found, or where orders can 
be left and receive prompt attention. 

776. Subject to commissioner of public works.] The ves¬ 
sel dispatchers, harbor masters, river police and bridge tenders shall 
be under the direction of the commissioner of public works, and shall 
perform such duties as may be prescribed for them by the rules and 
regulations of said department of public works and the ordinances 
of the city. 

777. Uniform—record of damages—reports.] The harbor 
masters and vessel dispatchers shall at all times while on duty wear 
police uniform. They shall keep an accurate account and record of 
each case of damages to bridges, docks and all other city property per¬ 
taining to the harbor, occurring by any and every violation of the 
provisions of any ordinance by any person, vessel, craft or float, the 
name of such vessel, craft or float, the owner, master or consignee 
thereof, and shall gather all evidence and information in their power 
concerning any such violation or violations; and also keep an ac¬ 
curate record of the amount of such damage, when, to whom, and 

169 


170 


GENERAL ORDINANCES. 


\ 


bow paid, and an account of all claims against the city made by ves¬ 
sel owners or persons navigating the harbor, for damages sustained 
in said harbor to vessels or other craft, and make a detailed report 
thereof to the commissioner of public works. 

778. City life boats—custody.] The harbor master shall have 
charge of and be responsible for the safe keeping of the city life boats, 
and any other property which may be placed in his charge by the city 
council or the department of public works. 

779. Locate vessels—forbidden location—penalty.] The har¬ 
bor master shall give such orders and directions relative to the lo¬ 
cation, change of place or station, manner of moving or use of the 
harbor of every vessel, craft or float lying, moving or laid up in the 
harbor, as may be necessary to promote good order therein and the 
safety and equal convenience of such vessels, crafts or floats. No 
steamboat, vessel or other craft shall make fast to or lay along side of 
another, or lap one another in that portion of the harbor between 
Rush street bridge and Wells street in the main river, between Lake 
street bridge and Halsted street in the South Branch, and between 
Kinzie street bridge and North avenue in the North Branch, contrary 
to the orders of the harbor master. It shall also be unlawful for any 
mud scow, flat boat, dredge, or any such crafts, to be placed or laid 
along side of another while lying at any of the docks or wharves of 
the harbor during the navigable season of the year, without first hav¬ 
ing obtained permission from the harbor master. Any owner, master, 
or other person having charge of the same, who shall refuse or neglect 
to obey any such order or direction, shall be subject to a penalty of 
not more than twenty-five dollars for every such neglect or refusal. 

780. Power over vessels—refusal to obey.] Whenever there 
shall be in the harbor any vessel, craft or float insecurely fas¬ 
tened, adrift, sunken, or laid up, which may require to be fastened, 
raised, removed or its location changed, for the benefit of other ves¬ 
sels navigating the river, the harbor master shall notify the owner, 
master, or other person who may be in charge thereof, to secure, 
raise, or remove such vessel, craft or float without delay. But, if the 
harbor master should be unable to find the master, owner or person 
in charge of such vessel, craft or floats as aforesaid, or if no person 
answering such desciption can be found by him, such notice shall not 
be required, and the harbor master shall remove such vessel, and 
said vessel shall be held for all expenses and costs, and any person 
who shall refuse or neglect to comply with such order or direction 
shall be subject to a penalty of not more than twenty-five dollars, and 
a further penalty of ten dollars for every hour he or they shall refuse 
or neglect to observe the same. 

781. Removals, etc., at expense of owner,] If any vessel, craft 
or float shall not be secured, removed or its location changed in com¬ 
pliance with the direction of the harbor master after notice, or if the 
harbor master shall be unable to serve such notice, as aforesaid, in 
either case he shall cause such vessel, craft or float to be secured, raised, 


HARBOR AND HARBOR MASTER. 


171 


removed or its location changed as aforesaid, employing such assist¬ 
ance as may be necessary for the purpose. All expenses which may be 
incurred in any case shall be recoverable of the owner, consignee, 
master or other person having charge of such vessel, craft, or float. 
If any person shall resist the harbor master, or any person acting 
under him, in the execution of any duty imposed upon him by this 
chapter, such person so resisting shall be subject to a fine of not less 
than ten dollars and not exceeding one hundred dollars. 

782. Stop at south pier limited—penalty.] No master, owner or 
any person in charge of any vessel, craft or float, shall cause or suffer 
the same to remain at or within one hundred feet of the south pier 
for a longer period than is actually necessary to furl sail on coming 
in, or make sail on departing, under a penalty of ten dollars; Pro¬ 
vided, that rafts or vessels necessarily used in the construction or 
repair of the piers shall not be deemed to be within this provision. 

783. Vessel blocking passage—injury to bridge.] No vessel, 
craft or float shall be so moored or anchored within the harbor or in 
any slip or at any dock as to prevent the passage of any other vessel, 
craft or float; nor shall any vessel, craft or float be so moored as to 
range against or injure any bridge across the river, or any branch 
thereof, under a penalty of not less than ten dollars, nor exceeding 
one hundred dollars, to be recovered from the master, owner or person 
in charge thereof, for each offense. 

784. Speed at bridges—forbidden anchorage.] All vessels, 
crafts or floats navigating the harbor, when passing any bridge, shall be 
moved past the same as expeditiously as is consistent with a proper 
movement in the harbor, but in no case shall any vessel, craft or float 
while passing any bridge, and obstructing the passage across such 
bridge, move at a rate of speed less than two miles per hour; and no 
vessel, craft or float shall be so anchored or fastened as to prevent any 
bridge from a free and speedy opening, or any ferry boat from a free 
and direct passage, nor shall any line or fastening be so thrown, laid 
or made fast as to cross the track of any bridge or ferry, under a pen¬ 
alty of not more than twenty-five dollars for each offense, to be re¬ 
covered from the master or other person having charge of such 
vessel, craft or float. 

785. Steam tug for sailing vessels.] All vessels, crafts or floats 
not propelled by steam, navigating the harbor, for which the opening 
of any bridge may be necessary, shall, while approaching and passing 
such bridge, be towed by a steam tug, under a penalty upon the master, 
owner or person in charge thereof of not less than twenty-five dollars 
nor exceeding one hundred dollars. 

786. Vessel moved to bridge before opening.] Whenever 
any person having charge of any vessel, craft or float shall wish to 
move the same past any ferry boat or bridge, reasonable time shall be 
allowed for the opening of the same, and any person who shall move 
any vessel, craft or float against any bridge or ferry or the draw of 
any bridge before the same shall be opened, to the injury thereof, 


172 


GENERAL ORDINANCES. 


shall be subject to a fine not exceeding two hundred dollars and be, 
likewise, answerable to the city of Chicago for damages. 

787. Cargo—discharge.] No persondischargingthe cargo of any 
vessel, craft or float shall suffer any part of such cargo to remain pro¬ 
jecting over the front of any wharf, after such vessel, craft or float 
shall remove from the wharf, under a penalty, to be recovered from the 
master, owner or other person having charge of such vessel, craft or 
float occupying such wharf, of ten dollars for every hour such pro¬ 
jection shall continue. 

788. Rules of navigation.] All vessels, crafts or floats lying in or 
navigating the harbor shall be respectively governed by the following 
further provisions: 

1. All vessels using steam shall have their smoke pipes so con¬ 
structed and managed as to prevent sparks or coals of fire escaping 
therefrom, and shall be moved slowly at a speed not exceeding four 
miles per hour under a low head of steam. All tug boats or steam 
vessels used chiefly for towing shall have a joint in their smoke pipes, 
and shall be constructed in all respects in such a manner as to be able 
to pass under any bridge which is not less than thirteen feet above 
the surface of the water. 

2 . No master or other person owning or having charge of any ves¬ 
sel, craft or float shall leave the same in the harbor without having on 
board or in charge thereof some competent person to control, manage 
and secure the same, without first obtaining permission of the harbor 
master. 

3 . No vessel laden in whole or in part with gunpowder or gun¬ 
cotton shall land at or make fast to any dock or wharf upon the Chi- 

* cago river, or either branch thereof, between the south line of the 
school section and Chicago^ avenue, or discharge such gunpowder or 
gun-cotton within said limits. The harbor master shall prevent any 
vessel with gunpowder or gun-cotton on board from making fast to 
any wharf or dock, or unloading, within the limits aforesaid. 

4 . All vessels, crafts or floats, whether using steam or otherwise, 
while in the harbor, shall have and keep their anchors on board, and 
their lower yards cock-billed, and their upper yards braced up sharp. 

5 . They shall likewise have and keep out on board during the 
night time a conspicuous light, and shall have extinguished or safely 
secured at dark all fires which may be kept on board. 

6 . No vessel, craft or float shall be suffered to lie in the harbor 
adrift or insecurely fastened. 

7 . Any master, owner or other person having charge of any such 
vessel, craft or float shall be subject to a fine of not less than twenty 
dollars nor exceeding one hundred dollars, for every violation of any 
provision of this section, and to a like fine for every refusal to conform 
thereto when directed by the harbor master. 

789. Befouling Stream.] No person shall cast or deposit, or suf¬ 
fer to be cast or deposited in the harbor of the city of Chicago, or 
within five miles of the harbor, any earth, ashes or other heavy sub- 


HARBOR AND HARBOR MASTER. 


173 


stance or substances, filth, logs or floating matter, or any obstructions. 
No tug owner or captain or other person in charge or command of a 
tug shall tow, inside the limits of the city of Chicago, any dumping 
scow or like vessel, with or without a collapsible or adjustable bottom, 
loaded with clay or other material cut from the harbor or with earth, 
ashes, filth or other substance or substances, unless there is on board of 
said tug at the time of said towing an inspector from the department 
of public works of the city of Chicago: Provided, however, that in 
case of scows loaded at work conducted under the direction of the 
department of public works, directions, in writing, for such tugs to con¬ 
vey such loaded scow or scows to the number of two, to a proper place 
to dump or deposit its or their loads, shall be considered satisfactory to 
the requirements of this section. It shall be unlawful for any dredge 
or other machine to cut clay or other material from the bed or bottom 
of the harbor of the city of Chicago, unless the party or parties present 
conducting such work be a representative or representatives of, or have 
in his or their possession a permit in writing from the department of 
public works of the city of Chicago, in which permit the location and 
time occupied in said work shall be specified, and said party or parties 
conducting such work shall produce said permit on the demand of har¬ 
bor master, or any of his assistants. It shall be the duty of the harbor 
master to cause the arrest of all persons in charge of tugs, scows or 
dredges who are detected violating any of the provisions of this sec¬ 
tion, and on conviction thereof they shall be fined not less than fifty 
dollars nor more than one hundred dollars for every such offense. 

790. Police powers.] The harbor master and assistant harbor 
masters shall be sworn in as special policemen by the superintendent 
of police, for the purpose of carrying more readily into effect the police 
regulations of the city concerning the harbor under their charge and 
to preserve the public peace and quiet in and about the harbor, and 
for such purposes shall have all the power and authority of police 
officers under the laws of the state and the ordinances of the city of 
Chicago. 

791. Definitions.] The harbor shall consist of the Chicago 
river and its branches to their respective sources, including that 
portion known as the Ogden canal, and all slips adjacent to and 
connecting with the Chicago river, the piers and basins, including the 
waters of the government breakwater which lie adjoining to, and ex¬ 
tending three miles into the lake between the north and south lines of, 
the city, and all the territory embraced between the limits of said 
survey as aforesaid shall be a portion of the harbor of the city of Chi¬ 
cago, and shall be subject to the control of the harbor master and to 
all the rules and regulations of this chapter or which shall be hereafter 
provided by the city council. The words ‘Vessel,” “crafts” and 
“floats” shall be deemed to include every species of steam and other 
vessels lying or floating in or navigating the harbor. 

792. Improvement of harbor—hindrance.] If any owner or mas¬ 
ter, or other person in charge of or in command of, or sailing any 


174 


GENERAL ORDINANCES. 


tug boat or towing boat in and upon the Chicago river, or any of the 
branches of said river, or upon Lake Michigan within said city limits, 
shall run, sail or cause to be run or sailed such tug boat or towing boat, 
or any thing that they may have in tow, upon, against, or over any 
rope, chain, or other fastening, mooring, dredge or other machine used 
by said city for deepening, widening and improving said lake and said 
river and its branches, so that the said dredge or other machine shall 
be displaced, hindered or delayed in the working thereof, such persons 
so offending shall be fined not less than ten dollars nor more than one 
hundred dollars for each offense. 

793, Pile driving—encroachment on harbor lines.J No per¬ 
son or persons shall drive or place, or cause to be driven or placed 
any pile or piles, stone, timbers, earth or other obstruction in the har¬ 
bor of the city without permission of the commissioner of public works, 
nor shall any person or company use the piers of the harbor erected 
by the government of the United States without the permission of the 
agent of the United States for said piers, or the harbor master. It 
shall be the duty of the harbor master to report to the city engineer 
any and all encroachments upon the harbor lines as now established, 
or which may hereafter be established, and thereupon they shall take 
such action as may be necessary to enforce the provisions of this 
chapter. 

794, Craft fouled—assistance,] If any steamboat, vessel or 
other craft by winding or other cause shall get foul and obstruct the 
navigation or passage of other boats or crafts the harbor master shall 
have power and is hereby authorized to order to liis assistance men 
and tackle from any other boat or craft. The harbor master shall 
have power and is hereby authorized to order to his assistance any tug 
boat or other steam craft that may be in the vicinity or passing at the 
time. Every master or officer of such boat, craft or tug shall render 
the assistance so ordered, and any ..steamboat, vessel or other craft or 
float receiving such assistance shall pay to the person or persons ren¬ 
dering the same any sum fixed by the harbor master. 

795, Penalties.] Any person or persons violating any provision 
of either of the last two sections of this chapter shall, on conviction 
thereof, be fined not less than twenty-five dollars nor more than fifty 
dollars for the first offense, and not more than seventy-five dollars for 
each and every subsequent offense. 

796, Lumber raft—obstruction.] Any person or persons hav¬ 
ing in charge any raft of lumber, logs or timber, who shall refuse or 
neglect to comply with the orders of the harbor master, relative to the 
change of location or removal of the same, shall forfeit and pay, on 
conviction thereof, the sum of not more than fifty dollars and the 
cost of prosecution. And any owner, master or officer of any tug, 
propeller or steamboat leaving any such raft of lumber, logs or timber 
within the harbor, where the same shall be or become an obstruction 
to commerce, shall, on conviction thereof, be fined not more than one 
hundred dollars for each and every offense. 


HARBOR AND HARBOR MASTER. 


175 


797. Steam vessel—working engine.J No steam vessel while 
lying in the harbor or along the wharves or docks of the same, shall 
work its engines previous to leaving the harbor; Provided, that owners, 
masters or other persons in charge of boats fitting out and desirous of 
working and testing their engine, shall before working or testing such 
engine station some person in such a place or position so as to signal 
the engineer to stop such engine; said engine shall be kept from work¬ 
ing until all approaching vessels, crafts or floats shall have passed the 
wheel of said boat or boats a distance of two hundred feet. This shall 
not apply to cases of fire. Any person or persons violating any provis¬ 
ions of this section shall be fined not less than twenty nor more than 
fifty dollars for each and every offense; and shall also be liable for any 
damage to persons or property sustained by reason of such violation. 

798. Removal of vessel—tying up.] The harbor master shall 
have the power to move any vessel, craft or float, while lying at any 
dock, wharf or pier, while receiving or discharging cargo or other¬ 
wise engaged, when in his judgment it is necessary so to do to facili¬ 
tate the movements of other vessels, crafts or floats; he shall also 
have power, when in his judgment a vessel is so deeply loaded as 
to interrupt the traffic at the bridges or in the harbor, to tie up such 
vessel until* such time as the said vessel shall have been lightened 
or a rise in water in the river may enable her to proceed; also to 
stop at any time or place such vessels, crafts or floats as may be pro¬ 
ceeding up or down the river, so as to prevent a jam or blockade. 

799. Limit of towage—danger signal—speed in passing.] It 
shall be unlawful for any steamboats, steam tugs or steam canal boats 
to tow more than four canal boats, barges or scows in one tow within 
the limits of said harbor. All docks, wharves, bridges, piers, protections 
or other place where person or property is in danger by the fast moving 
of steamboats or tugs shall have a blue flag flying in the most conspicu¬ 
ous place thereon and as near the point of danger as possible, so as 
to be seen from up or down the river, and at night a blue light shall 
take the place of such flag; and any owner, master or other person 
in charge of any steamboat or tug running or causing to be run any 
steamboat or tug past such blue signal faster than at the rate of 
two miles per hour or violating any other provision of this section 
shall, upon conviction thereof, be fined not less than twenty-five 
dollars nor more than fifty dollars for each and every offense, and 
shall be held liable for any damage to person or property sustained 
by reason of such violation. 

800. Wharves and docks.] Every owner or owners, occupant 
or occupants of premises abutting on said harbor shall at all times 
keep the wharves and docks on said premises in good repair and 
safe condition. Every person violating any provision of this section 
shall, on conviction thereof, be fined in any sum not less than twenty 
dollars nor more than fifty dollars for every day said violation shall 
continue, and said harbor master shall also notify the owner that he 


I 


176 GENERAL ORDINANCES. 

will be held liable for all damages occasioned to person or property 
by reason of such unsafe condition of said wharves and docks. 

801. Bridges—control.] All bridges crossing the Chicago 
river, or any of its branches, including railroad bridges, shall be 
under the control of the harbor master, and he shall have power to 
order the opening and closing of the same at any time when in 
his judgment it is necessary to carry out the provisions of this 
chapter. Any bridge tender or other person or persons in charge 
of any bridge within the city, who shall violate any provision of this 
section shall be subject to a penalty of not less than ten dollars nor 
exceeding one hundred dollars, and, on conviction, shall be imme¬ 
diately removed from office; Provided, however, that in all matters 
pertaining to the opening or closing of bridges the harbor master 
shall conform to all ordinances now in force or which may here¬ 
after be passed regulating the opening and closing of bridges. 

802. Dock construction—repairing.] It shall be the duty of 
the harbor master to require all parties who may be engaged in re¬ 
pairing, renewing, altering or constructing any dock within the 
city of Chicago to produce a permit from the department of public 
works of the city of Chicago, which permit shall specify the charac¬ 
ter and location of such repairing, renewal, alteration or construction, 
and in default of the production of such permit the harbor master 
shall at once stop all work on the said docks, and shall cause the 
arrest of the said party or parties engaged in said unlawful repair¬ 
ing, renewal, alteration or construction of any dock inside the limits 
of the city of Chicago, who, upon conviction thereof, shall be fined 
in a sum not less than fifty dollars nor more than one hundred dol¬ 
lars for each offense; and further, in the event of said dock having 
been repaired, renewed, altered or constructed in or upon the water 
area of the harbor of the city of Chicago, the party or parties thus 
convicted of the violation of this section, in addition to the fine here¬ 
inbefore specified, shall be required at once, and at his or their own ex¬ 
pense or cost, to remove said dock back to its former location; and, 
in default of said removal of said dock, the commissioner of public 
works is hereby authorized to cause said dock to be moved to such 
location as he deems best and to recover, from the party or par¬ 
ties convicted, as hereinbefore set forth, the cost or expense of said 
removal of said dock. 


« 


CHAPTER XXXV. 


HEALTH. 


ARTICLE I. 

DEPARTMENT OF HEALTH. 

803. Health ^department] created.] There is hereby estab¬ 
lished an executive department of the municipal government of the 
city of Chicago, which shall be known as the department of health, 
and shall embrace the commissioner of health, the superintendent of 
police and the city physician, and such other assistants and employes 
as the city council may, by ordinance, prescribe and establish. 

804. Commissioner—term.] There is hereby created the office 
of commissioner of health, who shall be the head of said department 
of health, and shall have the management and control of all matters 
and things pertaining thereto. He shall hold his office for the term 
of two years, and until his successor shall be appointed and qualified. 

805. Appointment.] Said commissioner shall be appointed by 
the mayor, by and with the advice and consent of the city council, 
on the first Monday in May, 1897, or as soon thereafter as may be, 
and biennially thereafter. 

806. Bond.] Said commissioner, before entering upon the du¬ 
ties of his office, shall execute a bond to the city of Chicago, in the, 
sum of five thousand dollars, with such sureties as the city council 
shall approve, conditioned for the faithful performance of the duties 
of said office. 

807. Control and supervision.] Said commissioner shall have 
and exercise a general supervision over the sanitary condition of the 
city; and all orders and directions emanating from said department 
shall be issued in the name of said commissioner. 

808. Assistants and employes,] Said commissioner shall ap¬ 
point, with the consent of the mayor, an assistant commissioner of 
health, a secretary, a register of vital statistics, medical sanitary in¬ 
spectors, meat inspectors, sanitary policemen and sanitary police¬ 
women having full police powers, and such other employes as may be 
necessary, who shall perform all the duties now provided by the laws 
of the state and ordinances of the city, and such other duties as the 
said commissioner of health may require and determine. He shall also 
have power to remove any of said officers, clerks or employes. 

809. Advice — contagious disease.] The commissioner of 
health shall give to the mayor and other city authorities all such pro- 


12 


177 



178 


GENERAL ORDINANCES. 


fessional advice and information as they may require, with a view 
to the preservation of the public health; and whenever lie shall hear 
of the existence of any malignant, contagious or pestilential disease, 
he shall investigate the same, and adopt measures to arrest its prog¬ 
ress. 

810. Duties and powers.] It shall be the duty of the commis¬ 
sioner of health to enforce all the laws of the state and ordinances of 
the city in relation to the sanitary regulations of the city, and cause 
all nuisances to be abated with all reasonable promptness. And for 
the purpose of carrying out the foregoing requirements, he shall be 
permitted at all times, from the rising to the setting of the sun, to 
enter into any house, store, stable or other building, and to cause 
the floors to be raised, if he shall deem it necessary, in order to a 
thorough examination of cellars, vaults, sinks or drains; and to cause 
all privies to be cleansed and kept in good condition; and to cause 
all dead animals or other nauseous or unwholesome things or sub¬ 
stances to be buried, removed or disposed of as the commissioner of 
health may direct. 

811. Records and books.] It shall be the duty of the com¬ 
missioner of health to provide the necessary books for keeping a rec¬ 
ord of all transactions of said department, including the proper regis¬ 
tration of births and deaths, and such other statistical information 
necessary for the efficient working of said department; and he shall 
also keep on hand all necessary blanks, to be used by physicians and 
midwives, and furnish them with the same on application. 

812. Contagious disease.] It shall be the further duty of the 
commissioner of health to visit and examine, or cause to have visited 
and examined, all sick persons who shall be reported to him as labor¬ 
ing, or supposed to be laboring, under any yellow or ship fever, small 
pox, cholera, or any infectious or pestilential disease, and cause all such 
infected persons to be removed to the cholera, small pox, or other hos¬ 
pitals, or to such other safe and proper place as he may think proper, 
not exceeding three miles from said city, and cause them to be pro¬ 
vided with suitable nurses and medical attendance, at their own ex¬ 
pense if they are able to pay for the same, but if not, then at the ex¬ 
pense of the city. 

813. Notices posted.] It shall be the further duty of the com¬ 
missioner of health to cause a notice, printed or written in large letters, 
to be placed upon or near any house in which any person may be af¬ 
fected or sick with small pox, scarlet fever, or any contagious, infec¬ 
tious, pestilential or epidemic disease, upon which shall be written, or 
printed, the name of such disease; and if any person or persons shall 
deface, alter, mutilate, destroy, or tear down such notice, without per¬ 
mission of the commissioner of health, or of the health officer, such per¬ 
son or persons shall be liable, for each offense, to pay a fine of not less 
than twenty-five dollars, nor more than fifty dollars; the occupant of 
any house upon which such notice shall be placed or posted as afore¬ 
said, shall be held responsible for the removal of the same, and if the 


HEALTH. 


179 


same shall be removed without the permission of the commissioner of 
health, or of the health officer, such occupant shall be subject to the like 
line of not less than twenty-five dollars, nor more than fifty dollars, un¬ 
less he shall notify the commissioner of health, or health officer, within 
twenty-four hours after the removal of the said notice. 

814, City hospital.] T he commissioner of health shall have 
charge of the city hospital, and shall have power to employ such assist¬ 
ants and nurses as he may deem necessary; and it shall be his duty to 
see that the hospitals of the city are supplied with suitable furniture, 
nourishment, fuel, and medicines, and that persons dying therein, or in 
other places under the charge of the city, are decently and promptly 
buried at the expense of the city; Provided, such deceased persons 
have not the means to defray their own expenses of sickness or burial. 

815. Epidemics—regulations concerning,] In case of pesti¬ 
lence or epidemic disease, or of danger from anticipated or impending 
pestilence or epidemic disease, or in case the sanitary condition of the 
city should be of such a character as to warrant it, it shall be the duty 
of the said commissioner of health to take such measures, and to do, 
and order, and cause to be done, such acts for the preservation of the 
public health (though not herein, or elsewhere, or otherwise author¬ 
ized), as he may in good faith declare the public safety and health to 
demand, and any person who violates, disobeys or refuses to comply 
with any of the rules, orders or sanitary regulations of the department 
of health made in conformity with this section shall be subject to a fine 
of not less than ten dollars nor more than two hundred dollars. 

816. Small pox, vaccination—refusal.] The commissioner of 
health may take such measures as he may, from time to time, deem 
necessary to prevent the spread of the small pox, by issuing an order 
requiring all persons in the city, or any part thereof, requiring vaccina¬ 
tion, to be vaccinated within such time as he shall prescribe; and all 
persons refusing or neglecting to obey such order shall be liable to a 
fine of not less than three dollars nor more than twenty-five dollars: 
Provided, that it shall be the duty of the commissioner to provide for 
the vaccination of such persons as are unable to pay for the same, at 
the expense of the city. 

817, Disinfection of premises.] He shall have power to cause 
any house or any premises to be cleansed, disinfected, or closed to vis¬ 
itors, and prevent persons from resorting thereto while any person is 
laboring under any pestilential, contagious or infectious disease; he 
may, by an order in writing, direct any nuisance to be abated, or un¬ 
wholesome matter or substance, dirt or filth, to be removed from any 
house or premises, and may prescribe the time and mode of doing so, 
and take any other measures he may deem necessary and proper to 
prevent the spread of any contagious, infectious, pestilential or epi¬ 
demic disease; and any person who shall neglect or refuse to obey the 
orders, directions and instructions of said commissioner of health shall 
be fined in any sum not less than five dollars nor more than one hun¬ 
dred dollars. 


180 


GENERAL ORDINANCES. 


818. Quarantine,] The said commissioner shall make such 
rules and regulations for the government of the quarantine or health of 
the city, as, from time to time, he shall deem necessary. (See article on 
quarantine regulations.) 

819. Weekly visitations in poor districts.] It shall be the 
duty of the commissioner of health to make, or cause to be made, a 
circuit of observation once in every week, to every part of the city 
and its environs, which from its location, or from any collateral cir¬ 
cumstances, may be deemed the cause of disease; and in all cases, 
where the existence of any agent, the presence of which will prove dan¬ 
gerous to the health of the city, is discovered, and there is no ordinance 
competent to the correction of the evil, he shall immediately report the 
same to the city council, accompanied with his opinion of the necessity 
of extraordinary or particular action. 

820. Vaccine virus,] Said commissioner of health shall always 
have on hand, as far as practicable, a sufficient quantity of vaccine 
virus; and he shall vaccinate and re-vaccinate, without charge, all per¬ 
sons who may apply to him for that purpose; and shall give certificates 
of vaccination to children who have been vaccinated, and require such 
certificates for admission to the public schools. 

821. Annual report—estimates.] Said commissioner of health 
shall, annually, on or before the first day of February, send to 
the city comptroller a full and comprehensive statement of all matters 
pertaining to said department during the year, and of all expenditures 
from appropriations for the health department, together with an esti¬ 
mate in detail of the appropriations required by the department during 
the next municipal year. 

822. Contracts in name of city.] All contracts entered into 
by the said commissioner, and all bonds taken by him, shall be made to 
and in the name of the city of Chicago. 


ARTICLE II. 

ASSISTANT COMMISSIONER AND OTHER EMPLOYES. 

823. Duties of assistant,] It shall be the duty of the assist¬ 
ant commissioner of health to attend at the health office, every day, 
except Sunday, to discharge the duty of seeing that a faithful record is 
kept .of reports and other matters relating to the department of health; 
and in case of absence or sickness of the commissioner o^ health, or 
when directed by the mayor, he shall perform all the duties herein’as¬ 
signed to the commissioner of health. 

824. Duties of employes.] It shall be the duty of the assistant 
commissioner, and all other employes in said department of health, to 
obey and carry out all orders and directions of the commissioner of 
health, and perform such duties as may be imposed upon them bv said 
commissioner. 


HEALTH. 


181 


ARTICLE III. 

CITY PHYSICIAN. 

825. Office created—duties.] There is hereby created and estate 
lished the office of city physician, who shall, in subordination to the 
commissioner of health, exercise a general supervision over the sanitary 
condition of the city; and shall report to said commissioner all 
nuisances, the prevalence of any epidemic, contagious or infectious 
disease, or other causes which in his opinion are likely to be detri¬ 
mental to the general health. 

826. Ex-officio member of department.! Said city physician 
shall be a member ex-officio of the department of health: Provided, 
however, that he shall not exercise any powers, or perform any duty as 
such member, beyond giving information to, and advising and con¬ 
sulting with the commissioner of health, when so requested, upon sub¬ 
jects pertaining to the sanitary condition of the city. 

827. Appointment.] Said city physician shall be appointed by 
the mayor, by and with the advice and consent of the city council, on 
the first Monday in May, 1897, or as soon thereafter as may be, and 
biennially thereafter. 

828. Bond.] He shall, before entering upon the duties of his 
office, execute a bond to the city of Chicago, in the sum of five 
thousand dollars, conditioned for the faithful performance of the duties 
of his office. 

829. Duties.] The city physician, when notified thereof, shall 
examine into all nuisances, sources of filth and causes of sickness; and 
upon being informed of the existence or introduction of any contagious 
or infectious disease within the city, shall inquire immediately into the 
facts, and report the same to the commissioner of health, and see that 
the orders of said commissioner are obeyed as far as practicable. 

830. Attendance at city hospital.] Said city physician shall, 
when directed by the commissioner of health, superintend the small 
pox, cholera and other city hospitals, and administer to all persons 
conveyed there who have no other physician or who are unable to em¬ 
ploy one; shall attend and administer to such other indigent persons 
as he may be directed to by the commissioner of health, or the health 
officer; and visit and administer to prisoners sick in the city work- 
house, calaboose, watch-house, police stations, or house of correction; 
and make at least three visits to the house of correction each week. 

831. Report on sanitary conditions of city.] He shall attend all 
meetings called by the commissioner of health when requested, and 
report to said commissioner all cases where any sick person has not 
been properly attended to, and all other matters which he may deem 
important, and give such information as the said commissioner may 
desire in relation to the sanitary condition or regulations of the city, 
so far as he may be able so to do. 

832 . Inspection of cars, vessels, etc.] It shall be the duty of the 


182 


GENERAL ORDINANCES. 


city physician to examine, at the request of the commissioner of health 
or health officer, boats and vessels coming into port, the officers, crews 
or passengers of which may be supposed to be affected by any con¬ 
tagious or infectious disease, and advise the health officer what dispo¬ 
sition shall be made of the same; and to perform such other duties 
as the city council shall hereafter prescribe, including the vaccination 
of the children in the public schools, or of others requesting him to do 
so; and to make a monthly report of his transactions to the city 
council, together with such suggestions as are calculated to promote 
the general sanitary condition of the city. 


ARTICLE IV. 

AMBULANCES AND PHYSICIANS. 

833. Right of way—permit. J All ambulances and vehicles belong¬ 
ing to the health department, and all ambulances and vehicles belong¬ 
ing to incorporated hospitals recognized by the health department as 
being regular hospitals in the city of Chicago, shall have the right of 
way in the streets of said city when conveying any patient or injured 
person to any hospital in the city or when proceeding to the scene of 
any accident by which any person or persons have been injured; and 
any person refusing to yield the right of way, where it is possible, shall 
be deemed guilty of a misdemeanor, and on conviction thereof shall 
be fined not exceeding twenty-five dollars for each and every such 
offense. The superintendent of police is hereby required to rigidly 
enforce the provisions of this article. 

Physicians having a permit, and who shall wear suitable badges to 
be procured from the city clerk, shall also have a like right of way for 
themselves and their vehicles in the streets, and shall be allowed, as 
soon as possible, to cross processions and other public gatherings and 
bridges, when answering calls for their professional services. 

Themayorand city clerk are hereby authorized to issue,upon written 
application therefor, a proper permit to any duly registered physician 
or surgeon, residing or practicing in the city of Chicago, which permit 
shall not be transferable. 

834. Certificate from state board of health, 1 The mayor and city 

clerk, before issuing any such permit or badge, shall obtain from the 
state board of health a certified list of all regular practicing physi¬ 
cians, licensed by such board of health, and residing or practicing in 
the city of Chicago, and such permit and badge above referred to 
shall only be issued to those physicians or surgeons who shall be so 
certified by the state board of health. 


HEALTH. 


183 


ARTICLE V. 

BIRTHS AND DEATHS. 

835, Duty of physicians, etc.] Every physician, midwife, or other 
person who may professionally assist or advise at any birth shall make 
and keep a registry of every birth, and therein enter the time and place, 
ward and street number and the sex and color of every 
child born, and the names and residence of each of the parents (so 
far as the foregoing facts can be ascertained), and every physician and 
professional adviser who has attended any person during a last 
illness, or has been present by request at the death of any person, 
shall make and preserve a registry of such death, stating the cause 
thereof, and specifying the date, hour, place and street number of the 
place of such death. 

836. Registration of births and deaths.] It shall be the duty of 
every person mentioned in the last section who is required to make or 
keep any such register, to present to the department of health a copy 
thereof or a written statement, signed by such person, containing all 
the facts in said register required to be entered, within five days after 
the birth and within thirty-six hours after the death of any person to 
whom such registry may or should relate, which shall thereupon be 
placed on file with said department. 


ARTICLE VI. 

BURIAL OF THE DEAD. 

837. Inspectors of burials—unlawful burials, removals, etc.— 
permits. ] Hereafter it shall be unlawful for any person or persons to 
move any human body within or to remove any human body from 
the corporate limits of the city of Chicago, or bury any human body 
within said limits or cremate or deposit any human body in any vault 
within the city limits, without first obtaining a permit so to do from 
the commissioner of health or such subordinate officers as may be 
appointed by said commissioner in accordance with the provisions 
of this chapter. It shall be the duty of said commissioner of health 
to appoint, with the consent of the mayor, four competent graduate 
physicians, who shall have been licensed to practice medicine under 
the laws of this state, and who shall be denominated inspectors of 
burials, and who shall be removable at the pleasure of said commis¬ 
sioner and shall be subject to all rules and regulations of the depart¬ 
ment of health; said commissioner shall cause one of said inspectors 
to be stationed as near as may be convenient to the center of the ter¬ 
ritory comprised in the former town of Lake; and shall cause one of 
said inspectors to be stationed as near as may be convenient to the 
center of the territory comprised in the former village of Hyde Park; 
and shall cause one of said inspectors to be stationed as near as may be 


184 


GENERAL ORDINANCES. 


convenient to the center of the territory comprised in the former 
city of Lake View; and shall cause one of said inspectors to be sta¬ 
tioned as near as may be convenient to the center of the territory com¬ 
prised in the town of Cicero in said city of Chicago and the former 
village of Jefferson; each of said inspectors shall furnish at his own 
expense a suitable office at the place which shall be designated by said 
commissioner; and said inspectors shall have power and authority to 
issue permits to move any human body within or to remove any hu¬ 
man body from the corporate limits of the city of Chicago, to issue 
permits to bury any human body within said limits and to issue per¬ 
mits to cremate or bury any human body in any vault within the city 
limits; each of said appointees shall be paid a salary of seventy-five 
dollars per month out of any savings or unexpended balance that may 
be to the credit of the health department. 

838, Penalty.] Any person neglecting or refusing to comply 
with any of the provisions of any section of this article or who violates 
any of the provisions thereof shall be liable to a fine of not more than 
one hundred dollars. 

HUMAN BODY. 

839 , Human body exposed,] No person shall retain, expose 
or allow to be retained or exposed the dead body of any human being, 
to the peril or prejudice of the life or health of any person. 

840, Human body discovered.] It shall be the duty of every 
person who has discovered or seen the body of a dead human being, 
or any part thereof (if there is reason for such person to think that the 
fact of the death, or the place of such body or part thereof is not pub¬ 
licly known), to immediately communicate to the department of health 
the fact of such discovery of such body, the place where and time 
when the same was discovered or seen, and where the same is or may 
be found, and any facts known by which said body may be identified 
or the cause of death ascertained. 


ARTICLE VII. 


BUTTERINE. 

841. Prohibited sales.] No person, firm or corporation shall sell 
offer or expose for sale, or cause the same to be done, any compound 
or substance purporting to be butter, or having tiie semblance of 

aeam’ Wh ' Ch substance or compound is not made wholly from pure 

842. Branded with appropriate name.] Any person having in 
hrs or her possession for the purpose of sale, or exposing for sak or 
offering to sell, or selling, any compound whatever in lieu of or as a 
substitute for, or to be used as butter, shall have the box, vessel or 
package containing the same plainly stamped, branded or marked 


HEALTH. 


185 


with the appropriate name of such compound, article or thing, which 
name shall be other than butter. If such compound, article or thing 
shall contain lard, the box, vessel or package containing the same shall 
be plainly stamped, branded or marked “suine,” or “butterine;” and 
if it shall contain tallow, the box, vessel or package containing the 
same shall be plainly stamped, branded or marked “oleomargarine;” 
and if it shall contain any grease or fat whatever, except the grease or 
fat of butter, the box, vessel or package containing the same shall be 
plainly stamped, branded or marked with some appropriate name, 
other than butter. 

843. Inspector—appointment,] The mayor is hereby authorized 
to appoint a butter and cheese inspector, giving him the necessary 
authority to examine any butter and cheese that may be manufactured, 

ur exposed for sale, in violation of the law; said officer to serve without 
salary from the city. 

844. Penalty.] Any person violating any of the provisions of this 
article shall be fined in a sum not less than ten dollars nor exceeding 
one hundred dollars. 


ARTICLE VIII. 

BUILDING REGULATIONS. 

845. Inspection of plumbing.] It shall be the duty of the com¬ 
missioner of health to cause an inspection to be made of all plumbing 
and other sanitary work in all buildings of any kind or description 
whatever, now erected, or in process of erection, and to compel the 
observance, in every particular, of all the provisions contained in the 
chapter herein entitled “Plumbers and plumbing.” 

846. Construction—use.] No person shall hereafter erect, or 
cause to be erected, or converted to a new purpose by alteration, any 
building or structure which, or any part of which, shall be inadequate 
or defective in respect to ventilation, light, sewerage or any of the usual, 
proper or necessary provisions or precautions for the preservation of 
health, nor shall the builder, lessee, tenant or occupant of any such or 
of any other building or structure (having the right or ability to 
remedy or prevent the same), cause or allow any matter or thing to be 
or to be done in or about any such building or structure dangerous 
or prejudicial to health. 

847. Ventilation—light.] No owner, agent or lessee of any 
building or any part thereof shall lease or let the same, or any portion 
thereof, or allow the same to be occupied by any person as a dwelling 
or lodging-house unless the said building or such parts thereof are in 
a clean and wholesome condition as provided in this article. 

848. Roofs—drainage.] The roof of every house shall be kept 
in good repair and so as not to leak, and all rain water shall be so 
drained or conveyed therefrom as to prevent its dripping on the 
ground, or causing dampness in the walls, yard or area. 


186 


GENERAL ORDINANCES. 


849, Condemned buildings.] Whenever it shall be decided by the 
commissioner of health that any building or part thereof is unfit for 
human habitation by reason of its being so infected with disease, or 
from other causes, as to be likely to cause sickness among the occu¬ 
pants, and notice of such decision shall have been affixed conspicu¬ 
ously on the building, or part thereof, so decided to be unfit for human 
habitation, and personally served upon the owner, agent or lessee, if 
the same can be found in the state, requiring all persons therein to 
vacate such building or part thereof for the reasons to be stated therein 
as aforesaid, such building or part thereof shall within ten days there¬ 
after be vacated, or within such shorter time, not less than twenty- 
four hours, as in said notice may be specified. 

850. School, church, etc.—ventilation.] No master, teacher or 
manager of or in any school, public or private, or of or in any Sunday 
school or gymnasium, nor the officers or managers thereof, nor offi¬ 
cers, managers or persons having charge of any place of public wor¬ 
ship, shall omit or neglect any duty or reasonable care or precaution 
respecting the safety or health of any scholar, pupil or attendant of 
any such church, hall of worship, school house, school room or place 
of practice or exercise, or relative to anything appurtenant thereto, 
whereby the health of any person may suffer or incur any avoidable 
peril or detriment through or by reason of such neglect or omission, 

851. Water closets.] Every building shall be provided with 
good and sufficient water closets or privies, and shall have proper 
doors, traps, soil pans and other suitable works and arrangements 
so far as may be necessary to insure the efficient operation thereof. 

852, Number of closets,] Such water closets or privies shall not 
be less in number than one to every twenty occupants of said house; 
but water closets or privies may be used in common by the occupants 
of any two or more houses; Provided, the access is convenient and 
direct, and provided, the number of occupants in the houses for which 
they are provided shall not exceed the proportion above required 
for every privy or water closet. 

853. Connection with sewers.] Every house situated upon a lot 
on a street in which there is a sewer shall have the water closets or 
privies furnished with a proper connection with the sewer, which 
connection shall be in all parts adequate to permit whatever enters 
the same to entirely and freely pass into said sewer. 

854, Construction.] All such water closets and vaults shall be 
provided with the proper traps, and connected with the house sewer 
by a proper tight pipe, and shall be provided with sufficient water 
and other proper means for flushing the same; and every owner, les¬ 
see and occupant shall take adequate measures to prevent improper 
substances from entering such water closets or privies or their con¬ 
nections, and to secure the prompt removal of any improper sub¬ 
stances that may enter them so that no accumulation shall take place, 
and so as to prevent any exhalation therefrom, offensive, dangerous or 
prejudicial to health. 


HEALTH. 


187 


855. Sewer gas,] No water closet, sink, tub, vat or other 
structure shall hereafter be constructed within the city of Chicago 
having connection with or by any sewer or underground passage, 
unless the same is provided with adequate or the best generally ap¬ 
proved constructions and precautions for preventing gases and other 
offensive currents, substances and smells from passing up or out 
through such connection from such sewer or passage; nor shall any 
such water closet or privy be constructed without adequate pro¬ 
visions for the effectual and proper ventilation and cleansing thereof. 

856. Sewer connections,] It shall be the duty of every person 
using, making or having any drain, soil-pipe or passage to connect with 
any sewer from any ground, building, erection or place of business, 
and in like manner the duty of the owner and tenant of all grounds, 
buildings and erections, and of the parties interested in such place 
of business, or business therein, and in like manner the duty of all 
departments, officers and persons (to the extent of the right and au¬ 
thority of each) to cause and require that such drain, soil-pipe, passage 
and connection shall at all times be adequate for its purpose, and such 
as shall convey and allow freely and entirely to pass whatever enters 
or should enter the same, and that all connections between metal pipes 
and house drains shall be made by a plumber, in such manner as the 
commissioner of health may direct. 

857. Sewers—flushing.] It shall be the duty of all depart¬ 
ments, officers and persons having power and authority so to do or 
require (and to the extent thereof) to cause to be used sufficient 
water, and other adequate means to be taken, so that whatever sub¬ 
stances may enter any sewer shall pass speedily along and from the 
same, and sufficiently far into some water or proper reservoir, so 
that no accumulations shall take place, and no exhalations from thence 
proceed, dangerous or prejudicial to health. 

858. Sewers—construction and repair.] The proper officers and 
authorities shall, to the extent of their power and ability, cause the 
sewers and drainage of said city to be so well located and constructed, 
so adequate in size, and to be so kept in repair and cleaned, and so 
adequately supplied with water, and with such proper arrangements 
and constructions in every particular, that life and health shall not 
be needlessly exposed, or suffer unnecessary peril or detriment by their 
neglect, or bv reason of the defects or deficiencies of any sewers or 
drainage, or the want thereof. 

859. Penalty.] Any person who violates or refuses to comply 
with any of the provisions of any section of this article, or who re¬ 
sists any officer in the discharge' of his dutv concerning any of the 
matters in this article contained, shall be subject to a penalty of not 
less than ten dollars and not more than two hundred dollars. 


188 


GENERAL ORDINANCES. 


ARTICLE IX. 

CONTAGIOUS DISEASES AND INFECTED ARTICLES. 

860. Physicians to report.] Every physician who shall prescribe 
for or attend any person having a contagious or infectious disease, 
such as cholera, yellow fever, scarlet fever, diphtheria, typhus, typhoid 
fever, small pox, varioloid, or any of the grades of such diseases, shall, 
within twenty-four hours after first discovering the existence of such 
disease, make a report thereof in writing to the commissioner of health, 
which report shall give the name, if known, and the place of dwelling 
of the person having such disease, together with the character and state 
of his or her disease. Every physician who shall thereafter continue 
to prescribe for or attend the person having such disease shall, in each 
and every case, make at least two such reports every week during the 
existence of such disease. 

861. Death from such disease,] It shall be the duty of each 
and every physician in the city to report in writing to the commissioner 
ot health the death of any of his patients who shall have died in said 
city, of a contagious or infectious disease, within twenty-four hours 
thereafter, and to state in such report the specific name and type of 
such disease. 

862. Hotel-keeper to report.] Every keeper of any boarding¬ 
house or lodging-house, and every inn-keeper and hotel-keeper shall, 
within twenty-four hours, report in writing to the commissioner of 
health the facts concerning any person being at any of the aforesaid 
houses or hotels, and attacked with any contagious disease. 

863. Institutions to report,] The commissioners, managers, 
principals or other proper head officer of each and every public or pri¬ 
vate institution in said 1 city shall, twice in each week, report in writing 
(or cause such report by some proper and competent person to be 
made twice in each week), to the commissioner of health, and state 
therein the name, if known, condition and disease of any and every per¬ 
son being a patient therein, and sick of any contagious disease. 

864. Masters of vessels to report.] The master, chief officer 
and consignee, or one of them, of every vessel not being in quarantine, 
or within quarantine limits, but being within one-fourth of a mile of any 
dock or building of said city, shall daily report to the commissioner of 
health, or cause to be reported, in writing, the particulars, and shall 
therein state the name, disease and condition of any person being in or 
on such vessel, and sick of any contagious disease. 

865. Duty of all persons to report.] It shall be the duty of 
every person knowing of any individual in said city sick of any con¬ 
tagious disease (where such person shall have reason to regard such 
individual as neglected or not properly cared for, and to avoid giving 
said disease to others), and the duty of every physician hearing of any 
such sick person, who he shall have reason to think requires the atten¬ 
tion of the department of health, to at once report the facts to the com- 


HEALTH. 


189 


missioner of health in regard to the disease, condition and dwelling- 
place or position of such sick person. 

866, Boarding-house keeper to report.] The keepers, lessees, 
tenants and owners of every boarding-house and lodging-house shall 
within six hours after the fact shall come to his or her or their knowl- 
edge, notify the commissioner of health in writing of the fact of any sea¬ 
faring man or person lately from any vessel being taken sick at such 
house, and shall in such notice state where such sick person may be 
found, and from what vessel and when he came, to the best of the 
knowledge of the person or persons giving such notice. 

867, Master of vessel to report.] Every master and chief officer 
ot any vessel, and every physician of or who practiced on any vessel 
which shall arrive at any dock or wharf in the city from any other port, 
shall at once report to the department of health the particulars of 
any infected person or article on such vessel or that came thereon, 
which he has reason to think may endanger the public health of this 
city. 

868, Same.] Every master, charterer, owner, part owner and con¬ 
signee of any vessel or of the cargo thereof, which shall be in the 
water of said city, unless detained in quarantine, shall at once give or 
cause to be given to the commissioner of health written notice 
of any infected article or person, and of every person sick of a con¬ 
tagious disease, being or having within ten days been on board said 
vessel; and also of each and every fact and thing relative to said vessel, 
sick person or cargo, or to the crew of said vessel, which any of the 
first-mentioned persons shall have reason to think may be useful for 
the department to know, or be or become dangerous or prejudicial to 
life or health in said city. 

869, Infected articles,] No person shall bring to any dock, wharf 
or building in said city, or unload at any dock, building or pier therein, 
or have on storage any skins, hides, rags, or similar articles or ma¬ 
terials, having been brought from any infected place, without, or 
otherwise than according to, a written permit so to do from the de¬ 
partment of health; and no person shall sell, exchange or in any way 
make any exposure of any straw, bedding or articles that have been 
exposed to any contagious disease or are liable to communicate such 
disease, till after the same have been adequately cleansed or disin¬ 
fected. 

870, Removal of infected person or article.] No captain, offi¬ 
cer, consignee, owner or other person in charge of any vessel (having 
right and authority to prevent the same) shall remove or aid in re¬ 
moving from any vessel to the shore (save as legally authorized by the 
department of health, and into quarantine grounds or building only) 
any person sick of or that has been exposed to and is liable very soon to 
develop any contagious disease, nor so remove or aid in removing any 
articles that have been exposed to the contagion of any such disease, 
except in accordance with a permit of said department or within its 
special regulations. 


190 


GENERAL ORDINANCES. 


871. Articles from infected^ place.] No person shall bring 
into the city any article or thing whatsoever from any infected place, 
or from any vessel or building in which any person has been sick of a 
contagious disease, without a permit therefor from the department 
of health, nor until said articles or things have been thoroughly disin¬ 
fected. It shall be no excuse that such person or article so offending, 
or the occasion of offense, has passed through any quarantine, or has 
a permit from any other source than said department. 

872. Removal of person,] No person shall, within the city, with¬ 
out a permit from the commissioner of health,carry or remove from one 
building to another, or from any vessel to the shore, any person sick of 
anv contagious disease. Nor shall any person by any exposure of any 
individual sick of any contagious disease, or of the body of such 
person, or by any negligent act connected therewith or in respect of 
the care or custody thereof, or by a needless exposure of himself, 
cause or contribute to or promote the spread of disease from any 
such person or from any dead body. 

873. Infants—non-exposure.] No parent, master or custodian 
of any child or minor (having the power and authority to prevent) shall 
permit any such child or minor to be unnecessarily exposed, or to need¬ 
lessly expose any other person to the taking or to the infection of any 
contagious disease. 

874. Penalty.] Any person who violates, disobeys, neglects or 
refuses to comply with, or who resists any of the provisions of any 
section of this article, shall be subject to a fine of not less than ten 
dollars nor exceeding two hundred dollars. 


ARTICLE X. 

CIGARETTES. 

875. License—application—bond.] The mayor of the city 
of Chicago shall, from time to time, grant licenses authorizing the sale 
of cigarettes within the city of Chicago, in the manner following, and 
not otherwise: 

Any person, firm, or corporation, desiring a license to sell cigarettes, 
shall make written application for that purpose to the commissioner of 
health, in which shall be described the location at which such sales are 
proposed to be made. Said application shall be accompanied by evi¬ 
dence that the applicant if a single individual, all the members of the 
firm if a co-partnership, and person or persons in charge of the busi¬ 
ness if a corporation, is or are persons of good character and reputa¬ 
tion. The commissioner of health shall thereupon submit to the mayor 
the said application, with the evidence aforesaid, with his opinion as to 
the propriety of granting such license, and if the mayor shall be satis¬ 
fied that the persons before mentioned are of good character and repu¬ 
tation and are suitable persons to be entrusted with the sale of cigar- 


HEALTH. 


191 


ettes he shall issue a license in accordance with such application, upon 
such applicant filing a bond payable to the city of Chicago with at least 
two sureties to be approved by the mayor in the sum of five hundred 
dollars, conditioned that the licensed person, firm or corporation shall 
faithfully observe and obey all laws of the state of Illinois and ordi¬ 
nances of the city of Chicago, now in force or which may hereafter be 
passed with reference to cigarettes; Provided, however, that nothing 
herein contained shall be held to authorize the sale of cigarettes con¬ 
taining opium, morphine, jimpson weed, belladonna, glycerine or 
sugar. 

876. License—contents, fee.] Every person on compliance 
with the aforesaid requirements and the payment in advance to the city 
collector, at the rate of one hundred dollars per annum, shall receive a 
license under the corporate seal, signed by the mayor, and counter¬ 
signed by the clerk, which shall authorize the person, firm or corpora¬ 
tion therein named to expose for sale, sell or offer for sale cigarettes at 
the place designated in the license; Provided, that no license shall be 
granted to sell within two hundred feet of a school house. 

877. License—term—fee,] Every license so granted shall 
be at the rate of one hundred dollars per annum: Provided, however, 
that in no case shall said license extend beyond the municipal year. 
Such license may be issued for the unexpired portion of a municipal 
year, upon the payment in advance at the rate fixed by ordinance, and 
proof furnished by the commissioner of health to the city collector, that 
the applicant was not liable for license nor were any cigarettes sold at 
the place of business without a license prior to date fixed in his appli¬ 
cation. 

878. License—revocation.] Any license so granted may be re¬ 
voked upon written notice by the mayor, whenever it shall appear to 
his satisfaction that the party so licensed shall have violated any pro¬ 
visions of the laws of the state of Illinois or of any ordinance of the city 
of Chicago relating to cigarettes, or any condition of the bond afore¬ 
said. 

879. License—posted.] Any and all persons licensed under 
this chapter, or any ordinance, for the sale of cigarettes shall immedi¬ 
ately cause to be and remain posted upon some conspicuous part of the 
room or place where cigarettes are sold, or exposed for sale, his or 
their license. 

880. Failure to post — penalty.] Any person so licensed who 

shall not cause such license to be and remain so posted as re¬ 
quired in the preceding section, or who, not being licensed, shall cause 

or permit any paper or document purporting to be a license to be or 
remain posted as aforesaid, shall, on conviction, be fined in a sum not 
exceeding one hundred dollars. 

881. Inspection by commissioner of health.] It shall be 
the duty of the commissioner of health, and he is hereby authorized 

and empowered, from time to time to inspect and examine all places 
where cigarettes are licensed to be sold within the city of Chicago, with 


192 


GENERAL ORDINANCES. 


a view of ascertaining whether the laws of the state of Illinois and the 
ordinances of the city in relation to the sale of cigarettes are being com¬ 
plied with at such place, and it shall be his duty to cause all such laws 
and ordinances to be rigorously enforced; and it shall be the duty of all 
persons, firms or corporations licensed to sell cigarettes within the city 
of Chicago, upon demand of the commissioner of health, to furnish to 
said commissioner for his inspection samples of all cigarettes sold or 
offered for sale by them, which samples of cigarettes shall be analyzed 
by or under the direction of said commissioner of health, and a record 
. of such analysis shall be made and kept in his office for the inspection 
of the public. 

882. Sale without license—penalty.] Any person who shall 
hereafter have or keep for sale or expose for sale or offer to sell any 
cigarettes, at any place within the city of Chicago, without having first 
procured the license as above provided, shall be fined not less than fifty 
dollars and not exceeding two hundred dollars for every violation of 
this ordinance, and a further penalty of twenty-five dollars for each and 
every day the person, firm or corporation persists in such violation 
after a conviction for the first offense. 

883, Sale of adulterated cigarettes.] No person, firm, com¬ 
pany or corporation shall expose for sale, sell, or offer for sale, to any 
person or persons, corporation or firm, directly or indirectly, within the 
city of Chicago, any cigarette or cigarettes containing opium, mor¬ 
phine, glycerine, jimpson weed, belladonna or sugar. Any person, 
firm, company or corporation violating this ordinance shall be fined not 
less than fifty dollars and not exceeding one hundred dollars, and a fur¬ 
ther penalty of twenty-five dollars for each and every day the person, 
firm, company or corporation persists in such violation after a convic¬ 
tion for the first offense. 


ARTICLE XL 
DEAD ANIMALS. 

884, Removal—duty of mayor and commissioner.] The mayor 
and commissioner of health arie authorized and empowered to advertise 

for and to receive bids or proposals for the removal of dead animals 
from the streets, avenues, alleys and other public grounds of the city 
of Chicago; such proposals shall be received of bidders for the period of 
one year and for such other period or periods as said mayor and com¬ 
missioner may designate in such advertisement, not exceeding, how¬ 
ever, the period of five years, and said mayor and commissioner shall 
in such advertisement reserve the right to reject any and all bids. 

885. Authority to contract—five years,] After such bids have 
been received, if it shall appear that said mayor and commissioner of 
health are enabled to make a contract with any reliable and respon¬ 
sible bidder for such period or less without it being necessary for 
the city to incur the expenditure of any money for such removal of 


HEALTH. 


193 


dead animals, said mayor and commissioner of health are empow¬ 
ered and authorized to enter into such contract on behalf of the city 
for the period of five years or less for the removal of such dead 
animals. 

886. Bond of contractor.] Any person, firm or corporation 
to whom a contract may be awarded in pursuance of this ordinance 
shall give bond to the city, with surety approved by the commissioner 
of health in the sum of twenty-five thousand dollars conditioned for the 
faithful performance of such contract. 


ARTICLE XII. 

GARBAGE, ASHES AND REFUSE. 

887. Removal of garbage—bureau of street and alley cleaning.] 

In all matters relating to or affecting the collection, removal or disposal 
of garbage, offal, refuse or other matter injurious to the public health 
by the bureau of street and alley cleaning, said bureau and all officers 
and employes thereof shall be regarded as a part of the health de¬ 
partment and shall be subject to the supervision and direction of 
the commissioner of health or of the acting head of the health de¬ 
partment for the time being. In case question shall arise at any time 
in said bureau, or in the department of public works or the depart¬ 
ment of health respecting the proper jurisdiction to which said 
bureau is subject in any instance, and the heads for the time being 
of the department of public works and the department of health are 
unable to agree concerning such question, it shall be referred to the 
mayor and be conclusively determined by him. 

888. Vessel for garbage.] It shall be the duty of every owner, 
tenant, lessee, or occupant of any and every house, dwelling, building, 
or place of business in the city of Chicago forthwith to provide, or 
cause to be provided, and at all times thereafter to keep or provide 
a separate water-tight and covered vessel for garbage, offal and 
liquid substances; and it shall be unlawful to put ashes or anything 
but refuse, animal, or vegetable matter in such vessel used for garbage 
and offal; and any person or persons who shall place in said vessel 
any ashes, dirt, or other substance, except as herein provided, shall 
be subject to a fine not exceeding two hundred dollars nor less than 
ten dollars for each offense. 

889. Ashes—district.] In that portion of the ci!y bounded 
on the north by the main branch of the Chicago river, on the west 
by the south branch of said river, on the east by the lake and on the 
south by Twelfth street, every vessel for the deposit of ashes shall 
be of iron, with a cover of the same material, to be always kept in 
good condition, and when of greater capacity than two bushels, shall 
be provided with handles at the sides midway from top to bottom. 

13 


* 


\ 


194 


GENERAL ORDINANCES. 


890. Position of vessel.] Such vessels or receptacles shall 
be placed and kept in such position (unless kept within or upon 
private grounds, within the sidewalks) as the inspectors of the de¬ 
partment of health shall provide or direct; and no person not for that 
purpose authorized shall interfere therewith or with the contents 
thereof. 

891. Health department only to take.] No person other than 
the employes of the health department shall gather, pick up, take 
from or remove any decayed fruit, vegetable or other articles of food, 
or any article of garbage, or attempt so to do, from any barrel, box 
or other receptacle for the same, in any alley or street in the city of 
Chicago. 

892. Unlawful to sell garbage.] No person shall vend, or 
attempt to vend, or dispose of in the city of Chicago any fruit, vege¬ 
table or other article of food that may be decayed or partially rotten, 
or that may have been taken from any barrel, box or other receptacle 
for the same, in any alley or street in the city of Chicago. 

893. Deposit of garbage—when forbidden.] No ashes or 
garbage shall be deposited in that portion of the city described in sec¬ 
tion 889 after seven o’clock a. m., and the vessels containing them shall 
be removed within the premises as soon as they have been emptied 
by the scavengers, whenever, in the absence of alleys, it is necessary to 
place them on the sidewalks or streets; and it shall be the duty of own¬ 
ers or agents of premises where more than two tenants occupy the 
same building, to provide the vessel, or a sufficient number of them, 
for containing all the ashes to be deposited daily from such building. 

894. Scavengers—notice.] The drivers of all carts for the re¬ 
moval of any garbage, offal, rubbish or dirt from any building or 
premises shall give adequate notice to those dwelling in any street 
whose buildings or premises such cart is about to or should approach 
for the removal of any substance aforesaid. 

895. Construction of vehicles.] Every cart and other vehicle 
hereafter constructed for or intended to be loaded with manure, swill, 
ashes, offal, rubbish or garbage, or other offensive or noxious sub¬ 
stance, shall be constructed according to this article, and the regula¬ 
tions and orders of the department of health. 

896. Vehicles not to create nuisance.] No cart or other 
vehicle for carrying any offal, swill, garbage or rubbish, or the con¬ 
tents of any privy, vault, cesspool or sink, or having upon it or in it 
any manure or other nauseous or offensive substance, shall, without 
necessity therefor, stand or remain, nor shall a needless number 
gather, before or near any building, place of business or other premises 
where any person may be; nor shall any such cart or vehicle occupy 
an unreasonable length of time in loading or unloading or in passing 
along any street or through any inhabited place or ground; nor shall 
any such cart or vehicle, or the driver thereof or anything thereto 
appertaining, be (or by any person having a right to control the same 
be allowed to be) in a condition needlessly filthy or offensive; and 


HEALTH. 


195 


when not in use, all such carts, vehicles and all implements used in 
connection therewith shall be stored and kept in some place where 
no needless offense shall be given to any of the inhabitants of said city. 

897. Vehicles shall be covered.] All carts and vehicles in the 
last section mentioned, and boxes, tubs and receptacles thereon in 
which any substance in said section referred to may be or is carried, 
shall be strong and tight, so that no part of such contents or load shall 
fall, leak or spill therefrom, and shall be adequately and tightly cov¬ 
ered, so as to prevent the same from being offensive. 

898. Vehicles disinfected.] No driver of such cart or vehicle, 
nor any person having undertaken or being engaged about the loading 
or unloading thereof, nor any person or persons engaged about the 
cleaning or emptying, or having undertaken to empty or remove any 
manure, garbage, offal or the contents of any vault, sink, privy, cess¬ 
pool or any noxious or offensive substance, shall do or permit to be 
done about the same, or in connection therewith, that which shall be 
needlessly offensive or filthy in respect to any person, street, place, 
building or premises, and all carts or vehicles shall be thoroughly dis¬ 
infected and put in an inoffensive condition when not in use. 

899. Vehicles not to be overladen.] No person shall allow 
(and it shall be the duty of every scavenger, contractor and person who 
has ordered or procured or is having any of the following articles 
carried, or who is carting the same, to prevent) any cart or vehicle to 
be so fully loaded, or to be in such bad condition of repair, or of such 
faulty construction, or to be so improperly driven or managed, that 
any offensive liquid, or any manure, garbage, rubbish, offal, dirt or 
material thereon, shall fall upon or in any place, street or premises; 
and it shall be the duty of every such person to at once replace on such 
vehicle and remove what has so fallen. 

900. Deposit of manure, etc,] No pile or deposit of manure, 
offal, dirt or garbage, nor any accumulation of any offensive or nause¬ 
ous substance, shall be made within the city of Chicago, or upon any 
open space inclosed within any portions thereof, or upon the docks 
adjacent thereto, or upon any open grounds near, or upon any vessel 
or scow, other than those to be speedily and according to the duty of 
any person removed, lying at any such dock or wharf, except accord¬ 
ing to a permit obtained from the department of health, and according 
to its regulations. And no person shall contribute to the making of 
any such accumulations. Nor shall any straw, hay or other substance 
which has been used as bedding for animals be placed or dried upon 
any street or sidewalk, or roof of any building; nor shall any such 
straw, hay or other substance be deposited, nor shall accumulation 
thereof be made, within two hundred feet of any street, without a per¬ 
mit from said department. 

901. Deposit of offensive matter prohibited.] No pile 
or deposit of manure, offal or garbage, nor accumulation of any of¬ 
fensive or nauseous substance, shall be made within the limits of said 
city; nor shall any person or corporation unload, discharge or put 


196 


GENERAL ORDINANCES. 


Upon or along the line of any railroad, street or highway, or public 
place within said city, any manure, offal, garbage or other offensive 
or nauseous substance; nor shall cars or flats loaded with or having in 
or upon them any such substance or substances be allowed to remain 
or stand on or along any railroad, street or highway within the limits 
of said city within three hundred yards of any inhabited dwelling. All 
manure vaults attached to stables, where more than two horses are 
kept, shall, between April and November in each year, be emptied 
twice in each week, and such vault shall in no case be permitted to be¬ 
come a nuisance. 

902. Garbage—loaded on railroad cars.] All- stable ma¬ 
nure, kitchen offal, garbage or other offensive or nauseous sub¬ 
stance or material may be loaded upon railroad cars for immediate 
transportation from the city of Chicago, at such place or places, only, 
in said city of Chicago, as shall be designated by the commissioner of 
health; Provided, however, that no place or places so designated shall 
be a nearer distance to any building occupied as a dwelling than three 
hundred feet. No person, firm or corporation shall use or occupy any 
place or places for the receipt, loading or dumping of such manure, 
offal, garbage or any other offensive or nauseous substance or material 
for immediate transportation without first obtaining a written permit 
for such purpose from the commissioner of health. Any person, firm 
or corporation who shall violate any provision of this section shall, 
upon conviction, be subject to a penalty of not less than twenty-five 
dollars nor more than one hundred dollars. 

903. Manure not to be turned.] No manure, garbage or other 
material that is liable to emit an offensive exhalation shall, in or ad¬ 
jacent to the city, be turned or stirred (except in its removal) in such 
way as to be liable by reason thereof to increase such exhalations. 

904. Oyster-house—refuse,] Every proprietor, lessee, tenant 
and occupant of any oyster-house, oyster-saloon or other premises 
where any oysters, clams, lobsters or shell or other fish are con¬ 
sumed, used or sold, or where any of the refuse matter, offal or shells 
thereof accumulate, ishall daily cause all such shells, offal and refuse 
matter to be removed therefrom to some proper place, and shall keep 
his house, saloon and premises at all times free from any offensive 
smells or accumulations. 

905. Hotel and house swill.] No hotel or house swill or 
garbage, or offensive material of a liquid nature, or partly liquid 
nature, not removed or required to be removed by the contractors for 
street cleaning, shall be transported through or along any street in 
the city, except in tightly covered and bound casks or boxes, and 
none of the contents of such casks or boxes shall be allowed to fall 
or leak or spill therefrom. 

906. Hotel garbage,] No proprietor or manager of any hotel, 
restaurant or cafe shall place or deposit, or permit to be placed or 
deposited, or permit to remain upon any public street, alley or other 
public place within the city of Chicago any offal, table refuse or 


HEALTH. 


197 


animal or vegetable matter usually known as garbage, from such 
house, whether placed in any receptacle or otherwise; every such 
proprietor or manager shall cause all such garbage and other refuse 
to be burned, or to be conveyed at his or her expense to some dump¬ 
ing ground where other garbage is dumped or disposed of by the city 
of Chicago. Any person who shall violate the provisions of this 
section shall, upon conviction, be fined not less than ten dollars nor 
more than two hundred dollars for each offense; Provided, if any 
person charged with a violation of the provisions of this section shall 
show to the satisfaction of the court, that less than twenty guests 
or boarders are daily fed at such house so kept by him, such person 
shall not be deemed guilty of a violation of this section. 

907. Vessel conveying garbage—permit.] No ship, boat or 
other vessel or article shall be taken or allowed by any person to come 
into, or lay to or at or within any dock or slip (or be placed thereon), 
set apart or appropriated for the use or purpose of the shipment or 
removal of any offal, garbage, rubbish, dirt or dead animals or for the 
use of any contractor for the removal of any of the foregoing sub¬ 
stances without a permit from the department of health. 

908. Garbage in lake, street or river.] No person or 

persons shall throw, place or deposit, or cause to be thrown, placed 
or deposited, any garbage, vegetable matter, dung, carrion, dead 
animal, offal or putrid or unwholesome substance, or the contents of 
any privy upon the margin or banks or into the waters of Lake Mich¬ 
igan within the limits of said city of Chicago, or upon the margin, 
banks or into the waters of the Chicago river or either of its branches, 
or upon any public grounds, or upon any lot within the limits of said 
city. I > 

909. Contents of privy, etc., in lake or river.] No person 
shall throw, drop or permit to fall into the river, canal, slip, or into any 
street or place, any offal, or any unwholesome substance being or 
having been part of the contents of any vault, cesspool, privy, sink, 
tub or receptacle. 

910. Swill in streets, etc.] No swill, brine, urine of animals, or 
other offensive animal substance, nor any stinking, noxious liquid 
or other filthy matter of any kind shall by any person be allowed to 
run or fall from out of any building, vehicle or erection into or upon 
any street or public place, or be taken or put therein save as herein 
elsewhere provided. 

911. Offal—in street or river.] No butcher’s offal or garbage, 
nor any dead animals, nor any putrid or stinking animal or vegetable 
matter shall be thrown by any person, or allowed to go into any street, 
place, sewer or receiving basin, or into any river, canal, slip or stand¬ 
ing or running water or excavation, or upon any ground or premises 
in the said city. 

912. Noxious refuse on vacant ground.] No part of the con¬ 
tents of or substances from any sink, privy or cesspool, nor any 
manure, ashes, garbage, offal, rubbish, dirt, nor any refuse or waste or 


198 


GENERAL ORDINANCES. 


thing which by its decomposition could or would become offensive 
to human beings or detrimental to health, or create or tend to create 
a nuisance, shall be by any person thrown, deposited or placed upon 
any street or public place, nor upon any vacant lot of land or vacant 
place upon the surface of any lot of land within the city of Chicago, 
whether such lot be enclosed or otherwise, without the written per¬ 
mission of the commissioner of health, nor shall any of said substances 
be allowed by any person to run or drop from the premises occupied 
by such person, into or upon any street or public place, nor upon any 
vacant lot of land, or vacant place upon the surface of any lot of land 
in said city, nor shall the same be thrown, deposited or placed by any 
person nor allowed to fall or run from the premises occupied by such 
person into the river, lake or any canal or slip, save through the 
proper underground connection; and it shall be the duty of every 
person knowing of the violation of this article to report the same, 
and, if known, the name of the person violating it, together with the 
residence of such person and the facts concerning such violation to 
the commissioner of health within forty-eight hours after the knowl¬ 
edge of such violation. 

913. Penalties,] Any person who violates, disobeys, omits 
neglects or refuses to comply with, or who resists any of the provisions 
of this article, or who refuses or neglects to obey any of the rules, 
orders, or sanitary regulations of the department of health, or who 
omits, neglects or refuses to comply with, or who resists any officer 
or order or special regulation of said department of health, where 
no other or different penalty is provided for, shall, upon conviction, 
be subject to a fine not exceeding two hundred dollars nor less than 
ten dollars for each offense. 


ARTICLE XIII. 

GARBAGE CREMATORIES. 

914, Garbage crematories—location of—limit of cost,] The 

mayor, commissioner of health and finance committee are empowered 
to make such arrangements as in their judgment they may deem best 
for the construction, maintenance and operation of one or more gar¬ 
bage crematories, under the direction and supervision of the commis¬ 
sioner of health, upon such public property of the city of Chicago— 
whether ends of streets abutting upon the river or otherwise—as 
the city comptroller may designate as proper therefor, or as the city 
council may direct, such garbage crematories to be of such design 
and with such furnaces, machinery and equipment, and according to 
such plans and specifications as the mayor and commissioner of health 
may approve and prescribe, for the purpose of consuming by fire the 
garbage in the city of Chicago, and said crematories and maintenance 
- same shall not exceed in cost the sum of seventy-five thousand dol¬ 
lars in the aggregate. 


HEALTH. 


199 


915. Contracts authorized.] The commissioner of health 
is authorized, on behalf of the city of Chicago, to enter into 
such contracts, to be approved by the mayor, as may be proper to carry 
out the provisions of the first section of this article; and the amounts to 
be paid therefor shall be paid by the city comptroller upon requisitions 
or vouchers of the commissioner of health. 

916. Contract with owners to consume,when,] In case the mayor, 
the commissionei of health and the committee on finance of the city 
council shall find it more expedient to provide for and secure the con¬ 
sumption of garbage by fire under contract or contracts with the 
owner or owners of garbage crematories or crematory plants the com¬ 
missioner of health may, with the consent of the city comptroller and 
the committee on finance, enter into contracts with such owner or 
owners of garbage crematories for the consumption of such garbage 
by fire on such terms as shall be deemed expedient by such officers. 

917. Delivery of garbage at.] The commissioner of health 
shall provide and arrange for the delivery of garbage to and the con¬ 
sumption thereof in such crematories. 


ARTICLE XIV. 

HOSPITALS. 

918. Permit—location—treatment.] It shall be unlawful for any 
person, firm, association or corporation, other than the regularly con¬ 
stituted authorities of the United States, the state of Illinois, the 
county of Cook or the city of Chicago, to open, conduct, manage or 
maintain any hospital as hereinafter defined within the corporate lim¬ 
its of the city of Chicago, without first obtaining a permit therefor, as 
hereinafter provided, upon the written application of such person, 
firm, association or corporation, which application shall state 
the location or proposed location of such hospital, the purpose for 
which it is to be opened, conducted or maintained, the accommodations 
or proposed accommodations for the inmates thereof, the nature and 
kind of treatment given or proposed to be given therein, and the name 
and address of the chief physician, surgeon or intended chief physician 
or surgeon attendant therein. 

919. Inquiry — license fee — construction.] It shall be the 
duty of the said commissioner of health, upon the presentation of such 
application, to make or cause to be made, strict inquiry into the facts 
set out in such application, and if upon such inquiry he shall find that 
such hospital is or is intended to be so constructed as to afford proper 
accommodations for the care of the persons received or proposed to be 
received therein, and that the chief physician or surgeon, or intended 
chief physician or surgeon thereof gives or is under agreement there¬ 
after to give such attendance therein as does or will render him re¬ 
sponsible, professionally, for the medical or surgical treatment given 


200 


GENERAL ORDINANCES. 


or to be given to any and all persons therein, and that such chief 
physician or surgeon is regularly authorized to act as such under the 
laws of the state of Illinois, then the said commissioner of health 
shall recommend to the mayor that a license or permit be issued in the 
name of the city of Chicago to such applicant to open, conduct, man¬ 
age or maintain a hospital at the place, in the manner and for the 
purpose in such application set forth; said license or permit shall be 
issued by the city clerk on notice from the city collector that a license 
fee of ten dollars has been received from the applicant. 

920. Accommodations for patients.1 Proper accommodations 
for the care of the persons received are hereby defined to be that in 
every such hospital every room to be occupied by patients, other than 
surgical, lying-in or contagious disease patients, shall be of such di¬ 
mensions as to give each such patient not less than fifteen hundred cu¬ 
bic feet of space; and for surgical, lying-in and contagious disease pa¬ 
tients the dimensions shall be such as to give not less than twenty- 
five hundred cubic feet to each patient; every such room shall have 
at least one window connecting with the external air for every two 
beds, and shall be ventilated by such appliances as shall secure a 
complete change of the air of said room not less than twice an hour; 
each room and ward in said hospital shall have water furnished at one 
or more places therein, so that the same may be adequate and rea¬ 
sonably convenient for the use of the occupants thereof; the building 
shall have the floor of the cellar properly cemented, so as to be water 
tight, the halls of each floor shall open directly to the external air, 
with suitable windows, and shall have no room or other obstruction 
at the end, unless sufficient light or ventilation is otherwise provided 
for said hall, in a manner approved by the commissioner of buildings. 

921. Report each month.] It shall be the duty of such person, 
firm, association or corporation permitted, as aforesaid, to open, con¬ 
duct or maintain a hospital within the corporate limits of the city of 
Chicago, to make a report to said commissioner of health, on or before 
the fifth day of each calendar month, showing a complete record of 
such hospital during the preceding month, including the number of 
inmates received, discharged and died during the month, cause of 
death, and such other information as may be necessary to an intelligent 
sanitary supervision of the establishment; such record to be furnished 
on blanks prepared and supplied by the commissioner of health, veri¬ 
fied by the affidavit or affirmation of the chief physician or surgeon 
or superintendent attendant therein. 

922. Inspection—revocation of license.] Every hospital per¬ 
mitted as aforesaid shall at all times be open to the inspection of said 
commissioner of health, or his duly appointed assistants or inspectors. 
The commissioner of health of the city of Chicago is hereby author¬ 
ized and empowered to inspect, or cause inspection to be made, wher¬ 
ever and as often as he may deem proper, of any hospital permitted as 
aforesaid within the corporate limits of the city of Chicago, and if, 
upon any such inspection, he shall find the same to be conducted, 


HEALTH. 


201 


managed or maintained in violation of the terms of the application for 
the permit under which the same was opened, conducted, managed 
or maintained, or in violation of any of the health or sanitary ordi¬ 
nances, rules or regulations of said city of Chicago, then and in that 
event he is hereby authorized and empowered to revoke any such 
license issued for the opening, conduct, management or maintenance 
of the same. 

923. Penalty,] Any person or persons or corporation other than 
the regularly constituted authorities of the state of Illinois, county of 
Cook or city of Chicago, opening, conducting, managing or maintain¬ 
ing a hospital as hereinafter defined within the corporate limits of the 
city of Chicago, without first having obtained a permit therefor, as 
provided in this article, or after a revocation of such permit under the 
authority conferred by this article, or in violation of any of the pro¬ 
visions of this article, shall be and is hereby declared to be guilty of 
maintaining a nuisance, and upon conviction thereof shall be fined in a 
sum not less than fifty dollars, nor more than one hundred dollars. 

924. Hospital defined,] For the purposes of this ordinance a hos¬ 
pital is hereby defined to mean any place used for the reception or care, 
temporary or continuous, of the sick, injured or dependent, including 
women awaiting confinement, or used for the treatment of mental or 
physical disease or bodily injury. 

-«■ Note: See section 265. 


ARTICLE XV. 

HORSE FLESH. 

925. Horse defined.] For the purpose of this article, in every 
case wherever the word horse is herein used, the word shall be con¬ 
strued and taken as meaning and including any horse, mule, ass, 
donkey, bum>, or any animal of any of the species thereof. 

926. Slaughtering horses for food prohibited.] No person, 
firm, company or corporation shall, within the limits of the city of 
Chicago, engage in the business or occupation of killing or slaughter¬ 
ing horses, or maintain or keep any place for that purpose, and no per¬ 
son, firm or corporation shall, within the corporate limits of the city of 
Chicago, kill any horse for the purpose of selling or offering for sale 
any part or portion thereof for human food. 

r,Mf 927. Selling horse flesh prohibited.] No person, firm, or cor¬ 
poration shall, within the corporate limits of the city of Chicago, sell, 
offer for sale, or give awav any flesh of any horse for human food. 

928. Possession of horse flesh for food.] No person, firm, or 
corporation shall, within the limits of the city of Chicago, have in his 
or its possession any horse flesh for the purpose of selling, offering 
for sale, or giving the same away for human food. 

929. Sausage made of horse flesh.] No person, firm, or cor¬ 
poration shall, within the corporate limits of the city of Chicago, use 


202 


GENERAL ORDINANCES. 


any horse flesh in the manufacture of sausage, or in the manufacture 
of any other article designed to be sold for human food. 

930, Food composed partly of horse flesh,] No person, firm, 
or corporation shall, within the corporate limits of the city of Chicago, 
sell, offer for sale, give away, or have in his or its possession with the 
design to sell, any product or article designed to be used for human 
food, which is wholly or in part made of or derived from horse flesh. 

931, Persons aiding or assisting.] No person, firm, or corpora¬ 
tion shall, within the corporate limits of the city of Chicago, aid, abet, 
or assist in procuring any person to buy, or to use, any horse flesh, or 
any article of food containing the same, or any article in whole or in 
part derived therefrom, such person so buying or using being in igno¬ 
rance of the character of the article so bought or used. 

932, Penalty,] Every person, firm or corporation who shall vio¬ 
late any provision contained in any of the sections of this article shall 
be subject to a fine or penalty of not to exceed two hundred dollars for 
each and every offense. 


ARTICLE XVI. 

MILK AND FOOD. 

933. Milk and food division established.] There is hereby 
established a division of the department of health of the city of Chicago 
to be known and designated as the milk and food division, which shall 
embrace the commissioner of health, the superintendent of milk and 
food and such other inspectors and employes as the council may, by 
ordinance, prescribe and establish. 

934. Superintendent of milk and food — appointment.] 

There shall be appointed by the commissioner of health a superintend¬ 
ent and an assistant superintendent of the milk and food division. 
They shall be persons skilled in the sciences of analytical chemistry and 
bacteriology, and, before entering upon their duties, shall each execute 
a bond to the city of Chicago, in the sum of five thousand dollars, with 
good and sufficient sureties to be approved by the mayor, conditioned 
for the faithful performance of the duties of their respective offices. 

935. Duties of superintendents.] The superintendent and assist¬ 
ant superintendent of the milk and food division shall be subject, at 
all times, to the control and supervision of said commissioner of health, 
and shall have charge of the milk and food division of the department 
of health and control, direct, regulate, supervise and manage its oper¬ 
ations. It shall be their duty to make analyses and examinations of 
milk and cream, meat, water, foods, drugs and such medical diagnoses 
or other examinations as may be directed by the commissioner of 

. health. A record shall be kept of every analysis or examination that 
may be made, and the superintendent shall make an annual report of 
the transactions of his division to the commissioner of health with all 
such data as may be of public interest. 


HEALTH. 


203 


936. Assistants and employes—bond.] There shall also be 
employed in the milk and food division of the department of health, 
hereby created, such assistants, employes and inspectors as shall be 
deemed necessary by the commissioner of health, and they shall be 
under the direction of the superintendent, and shall perform such duties 
as are in this article provided and as the said superintendent may addi¬ 
tionally direct. The inspectors employed under this article shall give 
a good and sufficient bond to the city of Chicago in the sum oTtwo 
thousand dollars, to be approved by the mayor, and conditioned for 
the faithful performance of their duties. 

937. Officers’ defaults,] Any officer or employe of the milk 
and food division, who wilfully connives at or assists in a violation of 
any of the provisions of this article shall, on conviction thereof, be fined 
not less than one hundred nor more than two hundred dollars and shall 
at once forfeit his office. 

938. Insignia of office — powers.] The superintendent, as¬ 
sistant superintendent and the inspectors shall each, when on duty, 
wear a metallic star, inscribed with suitable words, which shall be sup¬ 
plied by and be the property of the city. They shall each have the 
power, on demand made therefor, to require the aid, assistance or pres¬ 
ence of any police officer, in the performance of any duty enjoined by 
the provisions of this article, to arrest all persons found violating any 
of the terms or provisions of this article, and shall have full powers, and 
perform all the duties of a policeman, as are now provided by the laws 
and ordinances of the city. 

939. Inspection districts,] The commissioner of health and 
said superintendent shall divide the city into inspection districts to be 
made of such size and in such manner as may be necessary. There 
shall be assigned to each district one or more inspectors, but no in¬ 
spector shall serve in any one inspection district for a longer period 
than four consecutive weeks at any one time, and no inspector shall 
again serve in any district until he shall have served in at least two 
other districts. 

940. Milk vendor’s license—license fees.] No person or per¬ 
sons, firm or corporation, or driver of any milk wagon thereof, shall 
sell or offer for sale, expose for sale, dispose of, exchange or deliver 
or, with the intent so to do as aforesaid, have in his or their posses¬ 
sion, care, custody or control, milk or cream for human food, without 
having been first licensed so to do. Every person or persons, firm or 
corporation selling or disposing of milk or cream at retail shall, an¬ 
nually on the first day of May, pay license fees as follows: Every milk 
or cream vendor selling, offering for sale, exposing for sale, exchange 
or delivery, or disposing of the same in or from any store, stand, booth, 
market place, milk depot, warehouse, dairy, cow stable or any build¬ 
ing or establishment of any kind, or in or from any wagon, carriage 
or other vehicle, shall pay the sum of ten dollars; Provided, however, 
that this section shall not apply to private persons who. own not more 
than two cows and who sell milk therefrom to their neighbors or cus- 


204 


GENERAL ORDINANCES. 


tomers by peddling the same by hand. When more than one wagon, 
carriage or vehicle is used from which milk or cream is sold or offered 
for sale, there shall be paid at the same time and in like manner, as 
hereinbefore provided, for each such additional wagon, carriage or 
other vehicle the sum of ten dollars. If any person or persons, firm 
or corporation, commence or engage in the traffic or handling of milk 
or cream at periods other than those hereinbefore mentioned, he or 
they shall, before doing so, pay a proportionate part of the license 
fee and procure the license in their cases required, which license so 
issued, as well as other licenses and certificate herein required, shall 
be good for a period ending with the first day of May following the 
issuance and delivery thereof. Every person, firm or corporation vio¬ 
lating this section, or any of its provisions, shall be deemed guilty of 
a misdemeanor and, on conviction thereof, be fined not less than twen¬ 
ty-five dollars nor more than one hundred dollars for each and every 
offense. All licenses granted pursuant to this ordinance may at any 
time be revoked by the commissioner of health, for flagrant violations 
of the provisions hereof or for any other good and sufficient cause. 

941. License—application and issue of.] Licenses shall be 
issued in the names of the applicants therefor. Before the issuance of 
the license every vendor of milk or cream shall make written applica¬ 
tion therefor on a printed form, provided for that purpose, on which 
shall be stated: 

First — The name, residence and location of the business place or 
places of the applicant. 

Second—The number of cows, if any, owned or controlled by the 
applicant. 

Third — The number and description of each and every wagon, 
carriage or other vehicle, used by the applicant in the milk or cream 
business. 

Fourth — If, after the issuance and delivery of the license, any 
change be made in the location of the place of business of such licensee, 
notice thereof must forthwith be given to the said superintendent. 
Any and all persons licensed under this article shall immediately cause 
to be and remain posted his or their license upon some conspicuous 
part of the room or office in which the business is carried on, under 
a penalty of not less than ten dollars for each day said license remains 
unposted as provided in this section. 

942. Vehicles, premises, etc.—cleanliness.] All cans, ves¬ 
sels and receptacles used in the hauling of milk or cream, as well as 
all packages, refrigerators or compartments of stores or other places 
where milk or cream is kept, stored or hauled, shall be kept and main¬ 
tained scrupulously neat and clean, and shall be kept free from the 
presence or vicinity of any article of any kind likely to contaminate 
or injuriously affect the sweetness, quality or condition of the milk or 
cream. Any person found violating this section shall be deemed 
guilty of a misdemeanor and, on conviction thereof, be punished bv a 
fine of not less than ten dollars nor more than fifty dollars for each 
and every offense. 


HEALTH. 


205 


943. Vehicle — Sign.] No milk or cream shall be sold, offered 
for sale, exposed for sale, exchanged, delivered, transported, conveyed 
or carried on any wagon, carriage or other vehicle unless the owner 
or owners thereof shall first obtain from the city clerk two painted 
metal plates eight inches long and four inches wide, on which shall be 
stamped the number corresponding to the license, and also the words 
“Chicago Milk Peddler,” together with the year for which the license 
is issued, which plates the said licensed owner or owners shall cause to 
be securely fastened on the outside of each side of the box of his 
vehicle so licensed, or in a conspicuous place, so that the same can be 
easily seen. 

Note. See section 16 concerning free badges and plates. 

944. Inspection—resisting.] It shall be the duty of said super¬ 
intendent (either in person or by one or more of the said inspectors) 
to visit, view and inspect all places and vehicles in which milk or cream 
may be sold, offered for sale, exposed for sale, stored, kept, ex¬ 
changed, delivered or disposed of, as well as to inspect, view and ex¬ 
amine all vessels, cans, receptacles, packages, refrigerators or com¬ 
partments of store places or buildings, erections or establishments 
of any kind containing milk or cream, and ascertain or examine the 
condition thereof with reference to cleanliness and sanitation, and are 
authorized, directed and empowered to cause the removal and abate¬ 
ment of any unfit, unclean or injurious conditions attending the keep¬ 
ing, storing or possession, care, custody or control of milk or cream 
at and in all places. Any person, firm or corporation failing, neg¬ 
lecting, delaying or refusing to obey or conform to any reasonable 
order or direction under this section, made by the proper officer, 
shall be deemed guilty of a misdemeanor and fined not less than ten 
nor more than one hundred dollars. 

945. Powers of entry.] The commissioner of health, superin¬ 
tendent, inspector and police officer detailed, directed or instructed to 
act therein, shall have the right, and it shall be their duty to enter and 
have full access, egress and ingress to all places where milk or cream 
is stored or kept for sale, to all wagons, carriages or other vehicles, 
railroad cars or conveyances of any kind used for the conveyance, 
transportation or delivery of milk to any warehouse, place of business, 
factories, buildings, farms, stables, railroad depot, erections, establish¬ 
ments or places of any kind, to all vessels, cans, packages, refrigerators 
or receptacles of milk or cream and to take samples of milk and cream 
therefrom, not exceeding one quart, for the purpose of inspecting, 
testing or analyzing the same. Any person, firm or corporation failing, 
neglecting, delaying or refusing to obey or conform to any rea¬ 
sonable order or direction under this section, made by the proper offi¬ 
cer, shall be deemed guilty of a misdemeanor, and fined not less than 
ten nor more than one hundred dollars, and whenever a sample or 
samples so found and taken as aforesaid shall not correspond with, 
or shall be in violation of, the requirements of this ordinance, the 
person or persons, firm or corporation in whose possession, care, 


206 


GENERAL ORDINANCES. 


custody or control such milk or cream may be found, shall be deemed 
guilty of a misdemeanor and fined not less than ten dollars nor more 
than one hundred dollars for each and every offense. 

946. Samples — test.J All samples of milk and cream or 
other food, liquids, and drugs, herein described, taken or brought 
to the office of the department of health by the officers thereof, or 
by any other person, shall be analyzed or otherwise satisfactorily tested 
and, wherever or whenever said milk or cream, or other food, liquids 
or drugs, so tested or analyzed shall be found violative of the pro¬ 
visions of this article, the necessary steps shall be taken for a prose¬ 
cution for a violation thereof. The analysis or test herein required 
may be made with such instruments, apparatus, chemicals or other 
articles, and to such extent as may, by the commissioner of health 
or superintendent, be deemed necessary. 

947. Chemical and bacteriological laboratory.] It shall be the 
duty of the department of health to establish and construct a chemical 
and bacteriological laboratory for the analysis and examination and 
testing of water, ice, drugs and all food products, and for the detection 
of all adulterations of any of the articles herein mentioned kept to be 
sold, vended, disposed of or offered for sale within the city of Chicago. 

948. Inspection of food products, ice, water and drugs.] The in¬ 
spection of food products, ice, water and drugs shall, so far as pos¬ 
sible, be conducted in the same manner as provided in this chapter 
for the inspection and examination of milk, and all the provisions 
hereof, so far as applicable, shall be held to apply to the inspection 
and examination of food products, water, ice and drugs, and the 
commissioner of health shall make such other and further provisions 
for the regulation of said business as shall be necessary and desirable 
for the conduct of the same. 

949. Impure or adulterated ice, water, drugs or food.] Any per¬ 
son, firm, company or corporation, or any agent or employe thereof, 
who shall keep for sale, offer for sale or exchange, or shall sell or de¬ 
liver or expose for sale, any drugs not conforming to the rules and 
standards of the United States pharmacopoeia, or any water or other 
liquids or human food which shall be impure, unwholesome, adul¬ 
terated, or to which any harmful or injurious foreign substance has 
been added, shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be fined not less than twenty-five dollars 
nor more than one hundred dollars, and for a subsequent offense not 
less than fifty dollars nor more than two hundred dollars. 

950. Milk test.] No milk shall be kept, sold or offered for sale, 
stored, exchanged, transported, conveyed, carried or delivered, or 
with such intent as aforesaid, be in the care, custody, control or pos¬ 
session of any one if it contains more than eighty-eight per centum 
of watery fluids or less than twelve per centum of total solids, of 
which total solids three of the per centum shall be butter fat. Of¬ 
fenders under this section shall be deemed guilty of a misdemeanor 
and, on conviction thereof, be punished by a fine of not less than 


HEALTH. 


207 


twenty-five nor more than one hundred dollars for each and every 
offense. 

951. Cream test.] No cream shall be sold, offered for sale, ex¬ 
changed, delivered or be transported or carried for purposes of sale, 
offering for sale, exchange or delivery that contains less than fifteen 
per centum of butter fat, or that is taken from any impure, diseased, 
unhealthy, unclean, adulterated or unwholesome milk, or milk to 
which any foreign or other substance of any kind has been added, or 
milk from cows fed on the refuse or slops from distilleries, breweries, 
vinegar factories or any similar slops, mash or refuse or food which 
has been subject to fermentations, or any other than good and 
wholesome food. Offenders under this section shall be deemed guilty 
of a misdemeanor and, on conviction thereof, shall be fined not less 
than twenty-five nor more than one hundred dollars for each and 
every offense. 

952. Skimmed milk — penalty.] Any vendor of milk or 
cream, or any driver, servant or agent of such vendor, who shall in 
the city of Chicago sell or offer for sale any milk from which the 
cream or any part thereof shall have been taken, shall offer for sale 
and sell the same as skimmed milk and not otherwise, and no vendor 
of milk and no driver, servant or agent of such vendor shall offer 
for sale, or sell, or have in his custody, possession or control, with 
intent to sell or deliver the same, any such milk from which the cream 
or any part thereof shall have been taken, unless the can, vessel or 
package containing such milk shall have conspicuously attached 
thereto a steel or metallic tab on which shall be engrossed the words 
“Skimmed Milk,” in large, plain, distinct letters; said steel or metallic 
tab shall be not less than three inches by five inches in size. Any 
person violating this section shall be deemed guilty of a misdemeanor 
and, upon conviction, shall be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars. 

953. Impure, diluted or adulterated milk.] Whoever, by 
himself, or by his servant or agent, employe or milk wagon driver, or as 
the servant, agent, employe or milk wagon driver of any other person, 
firm or corporation, sells, offers for sale, exchanges, delivers or trans¬ 
ports or carries for the purpose of sale, exchange or delivery, or has 
in his custody, possession, care or control, with intent to sell, offer 
for sale, exchange or deliver, or exposes or offers for sale, exchange, 
transportation or delivery, any milk or cream, for human food, which 
is unclean, diluted, impure, unhealthy, diseased, unwholesome, adul¬ 
terated or not of the standard of good quality provided for by this 
article, or milk or cream to which water or any foreign substance has 
been added, or milk or cream produced from sick or diseased cows, 
or milk or cream produced from cows kept in an unclean, filthy or 
unhealthy condition, or milk or cream from cows fed on the refuse or 
slops from distilleries, breweries, vinegar factories or any similar slops, 
mash or refuse or food that has been subject to fermentation or on any 
other than good and wholesome food, or milk or cream that has been 


208 


GENERAL^ORDINANCES. 

exposed to or contaminated or affected by the emanations, dis¬ 
charges or exhalations from any human beings or animals sick with 
any contagious or infectious diseases by which the health or life of 
any person may be endangered, compromised or in any way affected, 
shall be deemed guilty of a misdemeanor and, on conviction thereof, 
shall for a first offense be fined not less than twenty-five nor more 
than one hundred dollars; and for each subsequent offense be fined 
not less than fifty nor more than two hundred dollars. 

954. Adulteration or dilution.] Any person who shall adul¬ 
terate milk or cream or reduce or change it in any respect by the 
addition of water or any foreign or other substance or by the removal 
of cream therefrom, with a view of selling or offering the same for 
sale or exchange, shall be deemed guilty of a misdemeanor and, on 
conviction thereof, be fined not less than twenty-five dollars nor more 
than one hundred for each and every offense. 

955. Foreign substance contained.] Any person, firm or cor¬ 
poration who shall sell, offer for sale, expose for sale, exchange, de¬ 
liver, dispose of or transport, convey or carry or, with any such intent 
as aforesaid, have in his or their care, custody, control or possession, 
any milk or cream having therein or containing any foreign or other 
substance of any kind whatever, or coloring matter, or any adulter¬ 
ation or preservative, whether for the purpose of artificially increasing 
the quantity of the milk or cream or for preserving the condition 
or sweetness thereof, or for any purpose whatever, shall be deemed 
guilty of a misdemeanor and, on conviction thereof, shall be fined not 
less than twenty-five dollars nor more than one hundred dollars for 
each and every offense. 

956. Condensed or evaporated milk.) No person shall manu¬ 
facture, sell, or offer for sale any condensed or evaporated milk for 
domestic use, unless the same shall be put up in packages or cans upon 
which shall be distinctly labeled or stamped the name or brand by 
whom or under which the same is made. No condensed or evap¬ 
orated milk shall be made, sold or offered for sale, exchanged or de¬ 
livered for domestic use, unless the same is manufactured from pure, 
clean, healthy, fresh, unadulterated and wholesome mik, from which 
the cream has not been removed, or unless the proportion of milk 
solids and butter fat contained in the condensed or evaporated milk 
shall be in amount the equivalent of milk solids and butter fat as pro¬ 
vided by this article. For any violation of this section, the offender 
shall be deemed guilty of a misdemeanor and fined not less than 
twenty-five nor more than one hundred dollars for each and every 
offense. Nothing herein shall be construed to prevent the addition 
of cane sugar in the manufacture of condensed or evaporated milk. 

957. Confiscation of impure milk.] All milk and cream from 
sick and diseased cows, or cows fed on the refuse or slops from distil¬ 
leries, breweries, vinegar factories or any similar slops, mash or refuse 
or food that has been subject to fermentation, or that is dangerous, or 
that may affect or be detrimental to life or health, shall, upon discov- 


HEALTH. 


209 


ery thereof be confiscated, forfeited and immediately destroyed by or 
under the direction of the commissioner of health or superintendent, 
who shall, if done in good faith, be held harmless in damages there¬ 
for, in any suit or demand made. 

958. Buttermilk.] Nothing in this ordinance shall be so con¬ 
strued as to prohibit the use or sale of what is known as buttermilk, 
provided the same is produced from pure and wholesome milk. 
Should any such buttermilk, however, be sold, kept, offered or ex¬ 
posed for sale, exchanged or transported, conveyed or carried, or be 
in the care, custody, control or possession of any one, with the intent 
as aforesaid, which is not the product of pure and wholesome milk, 
the offender shall be deemed guilty of a misdemeanor and, on con¬ 
viction thereof, shall be fined not less than twenty-five dollars nor more 
than one hundred dollars for each and every offense. 

959. Hotel keeper, restaurant, etc.] Every hotel keeper, res¬ 
taurant keeper, or boarding house keeper, who furnishes milk or 
cream to his or their guests or boarders shall be in all respects subject 
and amenable to the provisions of this article, saving and excepting 
the obtaining of a license. 

960. Cow stables.] All cow stables shall be washed out 
and thoroughly cleaned, at least once a week. For failure to do so the 
offender shall be deemed guilty of a misdemeanor and, on conviction 
thereof, be fined not less than twenty-five dollars nor more than one 
hundred dollars for each and every offense. 

961. Sick or diseased cow—slaughter.] If any cow be sick 
or diseased, the owner or person in charge thereof shall not sell, offer 
for sale, exchange, deliver or keep or expose for sale, exchange or de¬ 
livery the milk or cream therefrom, but shall at once destroy the same. 
If, in the opinion of the commissioner of health, superintendent or any 
inspector, any cow is afflicted with a contagious or infectious disease, 
he shall direct the owner or person in charge thereof to forthwith 
remove said cow from the premises to a place where it may not spread 
or cause contagion or infection. A violation of this section shall be 
deemed a misdemeanor and, on conviction thereof, the offender shall 
be fined not less than twenty-five dollars nor more than one hundred 
dollars. If said cow is by the commissioner of health or superintendent 
deemed incurable and the owner or person in charge thereof does not 
consent to its being killed, said commissioner or superintendent shall 
notify the state board of live stock commissioners. 

962. Parturition of COW.] No milk or cream shall be sold, 
kept, offered or exposed for sale, stored, transported, exchanged, car¬ 
ried, delivered or in any manner disposed of, drawn from cows within 
fifteen days before and twelve days after parturition, nor shall the same 
be mixed with any other milk or cream for such purposes. Any one so 
offending shall be deemed guilty of a misdemeanor and, on conviction 
thereof, shall be fined not less than twenty-five dollars nor more than 
one hundred dollars for each and every offense. 

14 


210 


GENERAL ORDINANCES. 


963. Dairy—refuse matter— offal.] All persons, firms or 
corporations who own or keep a dairy in the city of Chicago shall main¬ 
tain the premises thereof free from any accumulation of refuse matter or 
offal, which shall be removed frequently, so as not to endanger the pub¬ 
lic health. 

964. Slops or refuse.] No person or persons, firm or corpo¬ 
ration, shall keep or have in his or her possession any slops or refuse 
of any distillery, brewery or vinegar factory, or any similar slops, mash 
or refuse, or food that has been subject to fermentation, for the pur¬ 
pose of feeding the same to any milch cow or cows. Each day’s fail¬ 
ure to comply with this section shall subject the offender to a fine of 
not less than twenty-five dollars. 

966. Moneys collected—to treasury.] All moneys collected 
under the provisions of this article shall be duly paid into the city 
treasury. 

ICE. 

966. Test — bond — license — fee.] Every person, firm or 
corporation desiring to engage in the business of retailing and selling 
any ice from house to house, or to hotels, restaurants, saloons or other 
places where such ice so sold and delivered may be used in contact 
with articles of food or drink (which use is hereinafter referred to as 
“domestic use”) shall, before engaging in such business, file a written 
application with the commissioner of health for a license therefor, stat¬ 
ing in such application the place or places where such ice is to be or 
has been cut or gathered, the means of delivery, the location of the de¬ 
pots or places in Chicago from which such ice is to be delivered, and 
the quality of the ice intended to be sold. Such application shall be 
verified by the oath of the applicant/ or, if the applicant is a firm or 
corporation, by the oath of a member of the firm or some officer of the 
corporation; and the person so verifying shall state under oath that 
the matters stated in the application are true. 

All ice to be sold or delivered within the city of Chicago for domestic 
use, as aforesaid, shall be pure and healthful ice, free from matter dele¬ 
terious to health; and such ice is hereby defined to be ice which, upon 
chemical and bacteriological examination, shall be found to be free 
from nitrites and pathogenic bacteria, and to contain not more than 
nine thousandths of one part of free ammonia and nine thousandths of 
one part of albuminoid ammonia in one hundred thousand parts. 

Said commissioner of health shall examine such application, and if 
it shall appear to him therefrom that the ice intended to be sold is such 
ice as may under this article be lawfully sold and delivered in the city 
of Chicago for domestic use as aforesaid, said commissioner shall take 
from the applicant a bond to the city of Chicago, with sufficient surety, 
in the sum of five thousand dollars,conditioned that the applicant shall 
comply with all the ordinances of the city of Chicago relating to the cut¬ 
ting, storing, selling and delivery of ice, and with all lawful rules and 
regulations of the commissioner of health touching the ice business and 


HEALTH. 


211 


touching the protection and care of articles of drink, food and food ma¬ 
terials, and that the applicant will not sell nor give away in the city of 
Chicago any ice containing any substance deleterious to health during 
the period of the license hereinafter mentioned, except as hereinafter 
provided. Upon receiving such bond and application the commissioner 
of health shall keep the same safely in his office, and shall issue and de¬ 
liver to the applicant a recommendation to the mayor, requesting him 
to direct the city clerk, upon receipt of notice from the city collector 
that the prescribed fee has been paid, to issue to the applicant a license 
to sell and deliver ice from house to house and from place to place 
within the city of Chicago in conformity with his application. 

The fee for every such license shall be at the annual rate of ten dol¬ 
lars from each applicant operating or employing one vehicle for the de¬ 
livery of ice in said city of Chicago, and at the same rate for any part 
of a year, except that no license shall be issued for a period less than 
three months; and from each applicant operating more than one ve¬ 
hicle, the fee shall be at the same annual and proportionate rates for 
each vehicle so employed; Provided, that the aggregate fees to be re¬ 
quired from any one person, firm or corporation shall not exceed five 
hundred dollars annually. 

967. Impure ice.] No person, firm or corporation shall sell or 
deliver in the city of Chicago any ice for domestic use as aforesaid, 
which shall have been taken or gathered from the Chicago or the Cal¬ 
umet rivers or any of their branches, or from any body of water 
within said city of Chicago which is stagnant or in which refuse, in¬ 
dustrial wastes, garbage, sewage or any other material tending to de¬ 
stroy the purity of the water, according to the standard fixed by the 
last preceding section, has been pumped, placed, discharged or is in any 
manner to be found; and no ice from any of the waters above pro¬ 
hibited shall be sold or delivered in the city of Chicago for domestic 
use as aforesaid which shall have been taken from any lake, pond, river, 
stream or other body of water, wherever located, which is defiled by 
sewage, garbage, ashes, decaying vegetation, refuse or wastes from any 
industry, or by any other substance tending to make the water impure 
and unhealthful according to the standard fixed by this chapter. 

968. Duty of commissioner of health.] It shall be the duty of the 
commissioner of health to examine, or cause to be examined, from time 
to time, the places where ice is gathered or is to be gathered, or has 
been gathered, for sale and delivery as aforesaid within the city of 
Chicago, and all places where such ice may be stored or kept, and every 
vehicle in which the same may be delivered on any part of its route 
from the place where it is gathered to the final customer; and to ex¬ 
amine or cause to be examined, from time to time, ice so sold or deliv¬ 
ered, or to be sold or delivered, so far as he may deem necessary or 
expedient, to ascertain whether such ice is pure and heathful 
and free from matter deleterious to health according to said 
standard; and if, from such examination, it shall be found that 


212 


GENERAL ORDINANCES. 


anyi person or corporation has sold and distributed, or is sell¬ 
ing and delivering, any ice for domestic use as aforesaid be¬ 
low the standard above fixed, or any ice contrary to the pro¬ 
visions of this ordinance, the said commissioner shall cause every such 
offender to be prosecuted. 

969. Rules and regulations.] Said commissioner of health shall 
from time to time make such reasonable rules as to the storing and 
delivery and inspection of ice, to be sold or delivered in the city of Chi¬ 
cago for domestic use as aforesaid, as will prevent the distribution in 
said city, for domestic use as aforesaid, of any impure ice or ice con¬ 
taining deleterious substances according to said standard; and any re¬ 
fusal or neglect to obey any such lawful rule shall be punished as a 
violation of this ordinance. 

970. Ice for cooling purposes.] This ordinance shall not be con¬ 
strued to prohibit the selling or delivering of impure ice to be used 
only for packing or cooling purposes, that is to say, for use in refriger¬ 
ators, refrigerator cars, freezing machines, rooms and other places 
where it will not come in contact with articles of food or drink; Pro¬ 
vided, that a permit be first obtained from the commissioner of health 
to sell, deliver or use impure ice for the purposes aforesaid and for 
no other purpose. Whenever any impure ice for packing or cooling 
purposes shall be sold or delivered from any wagon or other vehicle the 
driver or person in charge thereof shall carry a supply of printed cards, 
on which shall be printed in large legible letters the words, “Ice for 
packing or cooling purposes only; not for domestic use/’ and he shall 
hand with each delivery of such ice one such card to each customer 
thereof, or to the person who receives the same, and shall take at the 
same time a receipt, which shall be given him by isuch purchaser or re¬ 
cipient, on which receipt the said words shall be similarly printed. No 
ice for packing or cooling purposes shall be sold or delivered in the 
city of Chicago by any person, firm or corporation without such per¬ 
mit, or otherwise than in conformity with the provisions of this section. 

971. Vehicles marked.] Dealers licensed under this act shall place 
in prominent view on each of the vehicles or wagons for distribution of 
ice the word, “Licensed,” and shall give the number and date of the ex¬ 
piration of the license under which the said vehicles or wagons may 
respectively be operated. 

972. Penalty.] Any person, firm or corporation violating any 
of the provisions of the last six preceding sections of this article shall 
be subject to a penalty of not less than twenty-five dollars nor more 
than one hundred dollars fine for each offense. 

MEAT. 

973. Condemned meat.] All meat condemned in the city of Chi¬ 
cago by government or state meat inspectors shall be destroyed under 
the supervision and subject to the directions of the city meat in¬ 
spectors. 


HEALTH. 


213 


974. Hours of slaughter—sanitary regulations.] No owner of 
a slaughter house shall slaughter cattle, sheep or hogs between the 
hours of y o clock p. m. and 4 o’clock a. m., or on Sundays, without 
first notifying the city meat inspectors. All emaciated cattle con¬ 
demned in the city of Chicago shall be destroyed by and under the 
supervision and subject to the directions of the city meat inspectors. 
No carcases of dead animals shall be brought within the precincts 
of any slaughter house in the city of Chicago. 

975. Penalty.] Any person, firm or corporation who violates, dis¬ 
obeys, omits, neglects or refuses to comply with any of the provisions 
of the last two preceding sections of this article, or who refuses to 
comply with them, or who resists any officer or order acting or operat¬ 
ing thereunder, shall, upon conviction, be deemed guilty of a misde¬ 
meanor and fined not less than fifty dollars nor more than two hun¬ 
dred dollars. 

BUTCHERS. 

976. Refrigerators.] No butcher or dealer shall keep in any mar¬ 
ket any refrigerator or ice-box, unless the same shall be lined with lead 
or some proper substance so as to be water-tiglit, nor unless the same 
be provided with a pipe of lead, zinc or copper leading therefrom to 
the proper waste pipe. 

977. Market regulations.] No person shall kill or dress any 
animal or meat in any market, nor have, or permit to escape therein, or 
within one hundred feet thereof, any poisonous, noxious or offensive 
•substance. 

978. Inspection of foods.] Every butcher, grocer and milk 
dealer, and their agents, shall allow the meat and food inspectors and 
other duly authorized employes of the department of health to freely 
and fully inspect their cattle and milk, meats, fish and vegetables, held, 
offered or intended for sale, and shall answer all reasonable and proper 
questions asked by such officers relative to the condition thereof, and 
of the places where such articles may be. 

979. Offal—refuse.] No offal or butcher’s refuse shall be con¬ 
veyed through any street or avenue of the city of Chicago between the 
hours of 10 o’clock a. m. and 10 o’clock p. m., and no offal or refuse 
shall be conveyed at any time unless the same be in tight boxes, bar¬ 
rels or vessels, from which no odor shall escape. 

980. Sanitary regulations.] The keeping and slaughtering of all 
cattle, and the preparation and keeping of all meat and fish, birds and 
fowl shall be in that manner which is or is generally reputed or known 
to be best adapted to secure and continue their safety and whole¬ 
someness as food. The slaughtering of cattle shall not be permitted 
or conducted at any place in the city of Chicago without a special per¬ 
mit from the city council. 

981. Market cleansed.] Every butcher and every person owning, 
leasing or occupying any place, room or building where any cattle 
have been or are killed or dressed, and every person being the owner, 


214 


GENERAL ORDINANCES. 


lessee or occupant of any room or stable where any cattle may be 
kept, or market public or private, and having power and authority so to 
do, shall cause such place, room, building, stall and market, 
and their yards and appurtenances, to be thoroughly cleansed 
and purified, and all offal, blood, fat, garbage, refuse and unwholesome 
or offensive matter to be therefrom removed at least once in every 
twenty-four hours after the use thereof for any of the purposes herein 
referred to; and shall also at all times (unless some public authority 
prevents), keep all woodwork, save floors and counters, in any build¬ 
ing, place or premises aforesaid, thoroughly painted or whitewashed. 

982. Penalty.] Any person who shall violate any or either of the 
provisions of the last six preceding sections of this article, or who shall 
neglect or fail or refuse to comply with any or either of the require¬ 
ments thereof, shall, on conviction, be fined not less than five dollars 
nor more than one hundred dollars. 

UNWHOLESOME FOOD. 

983. Food condemned—power of entry, etc.] Every per¬ 
son being the owner, lessee or occupant of any room, stall, freight 
house, cold storage house or other place, not a private dwelling, where 
any meat, fish, poultry, game, vegetables, fruit, or other perishable 
article adapted or designed to be used for human food, shall be stored 
or be kept or be in transit from one place to another or otherwise, 
and every person having charge of, or being interested or engaged, 
whether as principal or agent, in the care of, or in respect to the cus¬ 
tody or sale of any such article of food supply, shall put, preserve and 
keep such article of food supply in a clean and wholesome condition, 
and shall not allow the same, nor any part thereof, to become putrid, 
decayed, poisoned, infected, or in any other manner rendered or made 
unsafe or unwholesome for human food; and it shall be the duty of 
the meat and food inspectors and other duly authorized employes of 
the health department of the city of Chicago to enter any and all such 
premises above specified at any time during the period extending from 
one hour prior to sunrise to one hour after sunset of any day, and to 
forthwith seize, condemn and confiscate any such putrid, decayed, poi¬ 
soned and infected food, the same not being then safe, fit and whole¬ 
some for human food, which any such inspector may find in and upon 
said premises. 

984. Unwholesome food—duty of individuals.] It shall be 
the duty of every person knowing of any fish, meat, fowls, birds or 
vegetables being bought, sold or offered or held for sale as food for 
human beings, or being in any market public or private in said city, 
and not being sound, healthy or wholesome for such food, to forthwith 
report such facts and the particulars relating thereto, to the depart¬ 
ment of health or to one of its officers or inspectors. 

985. Same—confiscation.] If any person shall expose for sale 

in any market house or elsewhere in said city, any emaciated, tainted 


HEALTH. 


215 


or putrid meat or provisions, which from these or other causes may 
be deemed unwholesome, such person shall on conviction be fined not 
less than five nor more than two hundred dollars for each and every of¬ 
fense, and it shall be the duty of the sanitary superintendent or health 
officer to forthwith seize and confiscate all such meat and provisions. 

986. Condition of meat in markets.] u No meat or dead ani¬ 
mal above the size of a rabbit shall be taken to any public or private 
market for food until the same shall have fully cooled (and all blood 
shall have ceased dripping therefrom) after its killing, nor until the en¬ 
trails, head (unless the same be skinned), hide, horns and feet shall 
have been removed; nor shall gut-fat, or any unwholesome or offen¬ 
sive matter or thing be brought to or near any such market. 

987. Unwholesome vegetables.] No decayed or unwholesome 
vegetables shall be brought into said city, to be consumed or offered 
for sale for human food, nor shall any such articles be kept or stored 
therein. 

988. Boarding-houses, etc.] No person, being the manager 
or keeper of any saloon, boarding-house, or lodging-house, or being 
employed as a clerk, servant or agent therein, shall therein offer or 
have for food or drink, or to be eaten or drank, any poisonous, dele¬ 
terious or unwholesome substance, nor allow anything therein to be 
done or to occur prejudicial to health. 

989. Prohibited meat and fowl.] No cased, blown, plaited, 
raised, stuffed, putrid, impure or unhealthy or unwholesome meat or 
fish, bird or fowl shall be held, bought or sold or offered for sale for 
human food, or held or kept in any market, public or private, or any 
public place in said city. 

990. Misrepresentation.] No meat, fish, vegetables or milk, or 

unwholesome liquid, shall knowingly be bought, sold, held, offered for 
sale, labeled, or any representation made in respect thereof, under a 
false name or quality, or under any false representation whatever re¬ 
specting its or their wholesomeness, soundness or safety for food or 
drink. 

991. Cleanliness of Stall, etc.] Every person being the 
owner, lessee, or occupant of any room, stall or place where any meat, 
fish or vegetables designed or held for human food shall be stored or 
kept, or shall be held or offered for sale, shall put and keep such room, 
stall and place and its appurtenances in a clean and wholesome condi¬ 
tion; every person having charge, or being interested, or engaged 
whether as principal or agent, in the care, or in respect to the custody 
or sale of any meat, fish, birds, fowl or vegetables designed for human 
food, shall put and preserve the same in a clean and wholesome condi¬ 
tion, and shall not allow the same or any part thereof to be poisoned, 
infected or rendered unsafe or unwholesome for human food. 

992. Prohibited foods.] No meat, fish, birds or fowl, or vege¬ 
tables, nor any milk, not being then healthy, fresh, sound, wholesome 
and safe for human food, nor any meat or fish that died by disease or 


216 


GENERAL ORDINANCES. 


accident, shall be brought within said city, or offered or held for sale 
in any public or private market as such food anywhere in said city. 

993. Immature calf, pig or lamb.] No calf, pig or lamb, or the 
meat thereof, shall be brought, held or offered for sale as such food in 
said city which at the date of its death (being a calf) was less than four 
weeks old; or (being a pig) was when killed less than five weeks old; 
or (being a lamb) was when killed less than eight weeks old. Nor shall 
any meager, sickly or unwholesome fish, birds or fowl be brought, 
held, sold or offered for sale as such food in said city. 

994. Diseased cattle.] No cattle shall be killed for human food 
while in an overheated, feverish or diseased condition; and all such 
diseased cattle in the city of Chicago, and the place where found and 
their disease, shall be at once reported to the commissioner of health 
by the owner or custodian thereof, that the proper order may be made 
relative thereto. 

995. Penalty.] Every person, firm or corporation who shall re¬ 
fuse to permit entry into the premises aforesaid, or who shall in¬ 
terfere with the confiscation of poisoned, infected, putrid and decayed, 
unsafe or unwholesome articles of food as hereinbefore provided, or 
who shall violate any of the provisions of the last nine preceding sec¬ 
tions of this article, where no other or different oenaltv is provided, 
shall, on conviction, be fined not less than twentv-five dollars nor more 
than one hundred dollars for each and every offense. 

FRUITS, BERRIES AND VEGETABLES. 

996. Contents of packages to be uniform.] No person, firm 

or corporation shall, within the corporate limits of the city of Chi¬ 
cago, sell or offer for sale, or have in his possession for the purpose 
of selling or offering for sale, anv basket, box, barrel, bag or other 
package of fruit, berries or vegetables of any kind which is not of uni¬ 
form quality and size throughout. 

997. Packages marked.] Packages of peaches, apples, quinces, 
potatoes, pears, cherries, plums, beans, onions, peas and all kinds of 
berries and fruits except grapes and bananas, shall contain quarts, 
pecks or bushels, and multiples thereof, and the amount contained in 
each package shall be distinctly marked thereon; and no person, firm 
or corporation shall sell or offer for sale, or have in his possession for 
the purpose of selling, or offering for sale, any such package which 
is not so distinctly marked, showing the quantity in such package con¬ 
tained. 

998. Grapes.] All grapes which shall be sold in any basket, box 
or other package or parcel containing a definite quantity, shall be sold 
in packages of one pound or multiples thereof, and the quantity in 
each any every package shall be distinctly marked upon such package, 
so that the same can be readily and easily read by the purchaser. No 
person, firm or corporation shall sell, offer for sale, or have in posses- 


HEALTH. 


217 


sion for the purpose of selling or offering for sale, any box, basket 
or other packet or parcel of grapes which is not so marked, as above 
provided. 

999, Penalty.] Every person, firm or corporation who shall sell 
cr offer for sale, or have in possession for the purpose of selling or 
offering for sale, any box, basket, bag or other parcel or package of 
any sort of fruit, vegetables, or berries of any kind, which shall not be 
of uniform quality throughout, or which shall not contain the full 
number of pounds or the full number of quarts, pecks or bushels 
thereon marked and indicated, as provided in the last three preced¬ 
ing sections of this article, shall, upon conviction, be fined not less 
than ten dollars nor more than twenty-five dollars for each offense. 

1000, Colored netting for covering.] It shall be and is hereby 
made unlawful to cover any box, basket or any other package or parcel 
of fruit, berries, or vegetables of any kind with any colored netting, 
or any other material which has a tendency to conceal the true color 
or quality of any such goods which may be sold, offered for sale or 
had in possession for the purpose of being sold or offered for sale. 
Any person who shall violate the provisions of this section shall, upon 
conviction, be fined not less than ten dollars nor more than twenty-five 
dollars for each offense. 

1001, Sales in bulk.] This ordinance shall not be construed as 
prohibiting sales by the piece or sales in bulk, either by the car load, 
by the bushel or otherwise, where such fruits or vegetables are not sold 
in boxes, bags or other packages or parcels. 

1002, Duty of health department.] It shall be and is hereby 
made the duty of the health department to inspect parcels of fruits, 
vegetables and berries which may be offered for sale within the city, 
and to cause the arrest and punishment of any person, firm or corpora¬ 
tion who shall in any way violate the provisions of this ordinance. 

1003, Detection of offenders,] Any person having purchased 
any fruits, vegetables or berries sold in violation of the provisions of 
this ordinance, may produce the package or parcel containing the same 
£ t the office of the health department, and furnish therewith an affidavit 
duly subscribed and sworn to showing that said parcel was purchased 
within twenty-four hours from the time the same is so produced, and 
showing that the parcel as produced contains ah of the fruit, berries or 
vegetables, and none other, which it contained at the time of its pur¬ 
chase; and if the health department shall find by measuring, weighing 
or inspecting the same that it is short in quantity or weight, or that 
the same is not of uniform quality, or was otherwise sold in violation of 
the provisions of this ordinance, it shall be and is hereby made the duty 
of the health department to report such violation to the city prosecut¬ 
ing attorney, who shall in all cases, and at once, cause the arrest of the 
person so violating this ordinance, or shall begin a suit against such 
vendor, to recover the penalty herein provided for such violation. 


218 


GENERAL ORDINANCES. 


ARTICLE XVII. 

NIGHT SCAVENGERS. 

1004. Defined.] The mayor of the city of Chicago shall, from 
time to time, grant licenses to any person, company or corporation, to 
engage in the business of emptying, cleaning or removing the contents 
of privy vaults; and every person, company or corporation engaged 
in said business shall be deemed a night scavenger within the meaning 
of this article. 

1005. License.] No person, company or corporation within the 
city of Chicago shall empty, clean or remove the contents of any privy 
vault, or in any manner engage in the business of night scavenger, 
without first having obtained a license so to do, under the penalty 
of not less than twenty-five dollars for each offense; Provided, that 
the owners, occupants or agents of premises having privy vaults con¬ 
nected therewith, desiring to clean and remove the contents thereof 
themselves without the aid of night scavengers, may be allowed to do 
so upon the written permission of the commissioner of health or his as¬ 
sistant, and then only in such manner as he in said permit shall direct. 

1006. License fee—bond.] Every person, company or corpora¬ 
tion applying for such license shall pay to the city collector the sum of 
five dollars for each any every wagon used by such person in scavenger 
work, and execute a bond to the city in the penal sum of five hundred 
dollars, with no less than two sureties, to be approved by the mayor, 
conditioned that said scavenger will comply with the provisions of this 
article, and every ordinance which may be hereafter passed by the city 
council touching their said employment, and will also comply with and 
obey the directions and regulations of the commissioner of health of 
the city made in pursuance of law. 

1007. Removal of night soil—permit.] No licensed person, 
company or corporation within the city of Chicago shall remove or 
cause to be removed, the contents of any privy vault without a permit 
first obtained from the commissioner of health, under the penalty of 
not less than five nor more than fifty dollars for each offense. 

1008. Contents of permit.] Every such permit shall give the 
name of the scavenger, describe the premises where the work is to be 
done, and state where the contents thereof shall be deposited. 

1009. Report to commissioner.] Each scavenger shall make 
return to the commissioner of health of every permit issued to him, 
within five days after the work shall have been performed, certifying 
to the number of yards or loads removed from the vault or vaults 
therein described, and the place where the same was deposited, under 
the penalty of not less than ten nor more than fifty dollars for each 
offense. 

1010. Manner of removal.] The cleaning, emptying and re¬ 
moving of the contents of privy vaults shall be done in an inoffensive 
manner, and any scavenger having begun any such scavenger work 


HEALTH. 


219 


shall, without any interruption or delay, finish the same, and shall in 
every instance leave the privy in as good condition upon the vault as 
when the work was undertaken. 

1011. Removed out of city.] The contents of privy vaults so 

removed by any scavenger shall be conveyed beyond the city limits 
in air-tight tanks or vessels, and shall be disposed of in such a manner 
as to cause no offense. Said tanks or vessels shall be kept clean and 
inoffensive when not in actual use. 

1012. Sign on wagons.] Scavengers who engage in the busi¬ 
ness of removing the contents of privy vaults at night shall cause to be 
painted upon the wagon box of their wagons, in letters and figures, 
their names and the number of their licenses, together with a lighted 
lamp with plain glass fronts and sides, with the number of the license 
cf such wagon painted with black paint on the sides and front of each 
of said lamps, in distinct and legible figures at least two inches in size 
and so placed that said lamps may be distinctly seen, and said number 
easily read. 

1013. Hours of removal.] No privy vault shall be opened, nor 
the contents thereof disturbed or removed between the hours of six 
o clock a. m. and ten o’clock p. m. of any day, nor shall such contents 
be deposited or buried within the city, except upon the special permis¬ 
sion of the commissioner of health of said city, and in such manner and 
places as shall be by him directed. And if any night scavenger shall 
not bury said contents, as above provided, and cover the same so as to 
prevent any smell arising therefrom, his license shall immediately be 
forfeited and annulled. Any person violating any provision of this 
section shall be subject to the penalty of not less than twenty-five nor 
more than fifty dollars for each offense. 

1014. Scavengers’ compensation.] Night scavengers shall be 
allowed to charge and receive for each load (of not less than twenty- 
seven cubic feet) by them so taken and removed, a sum not exceeding 
three dollars. 

1015. Notice to owner when vault offensive.] Whenever, 
in the opinion of the commissioner of health or health officer, any 
privy vault shall be offensive and need cleaning, it shall be his duty to 
notify the owner, agent or occupant to cleanse the same within a 
period named in said notice, and unless the person so notified shall 
comply within the time mentioned, it shall be the duty of said officer 
to cause said vault to be cleaned by one or more of the city scavengers 
aforesaid, and such person so failing to comply with said notice shall, 
on conviction, be fined in a sum not less than twenty dollars nor more 
than one hundred dollars; Provided, that nothing in this section con¬ 
tained shall discharge the owner, agent or occupant of the premises 
from any liability, otherwise provided, to pay all the expenses of such 
cleaning. 

1016. Abatement of vault.] In case no owner or agent can be 
found in the city, such officers shall cause such offensive vault to be 


220 


GENERAL ORDINANCES. 


cleaned, and in either case the expense shall be collected as in other 
cases of the removal or abatement of nuisances. 

1017, Penalty.] Any person without license as aforesaid, who 

shall engage in business as night scavenger, or who shall undertake 
to remove any contents of any privy vault within the city without 
license or permit, as aforesaid, shall, on conviction thereof, pay a fine 
of not less than ten dollars nor more than fifty dollars for each offense; 
and any night scavenger so as aforesaid licensed, or owner, agent or 
occupant so as aforesaid acting under permit as aforesaid, who shall 
fail to comply with any order, direction or regulation of the commis¬ 
sioner of health, or who shall violate any provision or section or 
clause of any provision or section of this article, where no other 
penalty is imposed, shall, on conviction thereof, pay a fine of not less 
than five dollars nor more than one hundred dollars, and shall, at the 
discretion of the mayor of the city of Chicago, forfeit his license. 


ARTICLE XVIII. 

NUISANCES. 

1018. Duty of commissioner of health.] It shall be the duty of 

the commissioner of health to serve a notice, in writing, upon the 
owner, occupant or agent of any lot, building or premises in or upon 
which any nuisance may be found, or who may be the owner or cause 
of any such nuisance, requiring them to abate the same in such 
manner as he shall prescribe, within a reasonable time; Provided, 
that it shall not be necessary in any case for the commissioner to spec¬ 
ify in his notice the manner in which any nuisance shall be abated, un¬ 
less he shall deem it advisable so to do; and such notice may be given 
or served by any officer who may be directed or deputed to give or 
make the same; and if such owner, occupant or agent shall neglect or 
refuse to comply with the requirements of such order within the time 
specified, they shall be subject to a fine of not less than five dollars nor 
more than fifty dollars for every such violation, and it shall be the 
duty of the said officer to proceed at once, upon the expiration of the 
time specified in said notice, tO' cause such nuisance to be abated; Pro¬ 
vided, further, that whenever the owner, occupant or agent of prem¬ 
ises, in or upon which any nuisance may be found, is unknown or can¬ 
not be found, the said commissioner shall proceed to abate the same 
without notice; and in either case the expense of such abatement shall 
be collected from the person or persons who may have created, con¬ 
tinued and suffered such nuisance to exist. 

1019. Animal matter decaying,] It shall be unlawful for any 
person, firm or corporation having the ownership or control of any ani¬ 
mal matter which is unsound or in process of decay within the city of 
Chicago to permit the same to be and remain while in such condition 
within said city, or within one mile of the limits thereof, more than 


HEALTH. 


221 


twelve hours after such animal matter shall have become unsound, or 
after the process of decay shall have begun in the same, whether it be 
at an establishment for the rendering or changing the character thereof 
or not, and any person, firm or corporation guilty of a violation of any 
provision of this section shall be fined not less than fifty dollars and 
not exceeding two hundred dollars for every such violation, and every 
day such violation shall continue be deemed a separate and dis¬ 
tinct offense, and shall subject the offender to an additional fine as 
above provided. 

1020. Prohibited acts concerning nuisance.] It is hereby de¬ 
clared a nuisance for any person in conducting, prosecuting or carry¬ 
ing on any business or employment within the limits of the city, or 
within the distance of one mile therefrom, or upon the Chicago river 
or either of its branches, or within one hundred rods thereof: 

1. To allow or suffer any blood, bones, offal, still slops or other 
offensive matter to run, fall or get into the Chicago river, or into 
either of the branches thereof, or any of the canals or slips connected 
therewith. 

2 . To place, cause, or permit to be placed, or permit or suffer to 
remain on his premises as aforesaid, any blood, bones, offal, filth, still 
slops or other offensive matter for a longer period than twenty-four 
hours at any one time, from the first day of March to the first day of 
November in any year, or exceeding forty-eight hours during any 
other part of the year. 

3 . To refuse, fail or neglect to collect all such offensive matter 
mentioned in this section and place the same in tubs or vats con¬ 
structed as the commissioner of health shall direct, and remove the 
same within the time above prescribed to a distance of at least forty 
rods from said river and its branches, and from Lake Michigan, and 
a like distance from any dwelling, or public street, or highway, in 
covered and tight boxes as the commissioner of health may direct, 
and so disposed of as not to be offensive or deleterious to the public 
health. 

4 . To refuse, fail or neglect to keep his premises in a clean, healthy 
and inoffensive condition at all times. Any person creating or per¬ 
mitting any nuisance to exist, declared such in this section, shall be 
subject to a fine of not less than twenty-five dollars and not exceeding 
one hundred dollars for each and every offense, and the license so 
granted to him, if any license shall have been granted, may be re¬ 
voked at the discretion of the mayor. 

1021. River, lake, street—refuse matter.] Any distiller, tan¬ 
ner, brewer, butcher, pork or beef packer, soap boiler, tallow chandler, 
dyer, livery stable keeper or other persons whatsoever who shall cause 
or suffer any offal, manure, rubbish, filth, still slops, or any refuse ani¬ 
mal or vegetable matter, or any foul or nauseous liquid to be dis¬ 
charged out of or flow from any premises owned or occupied by him, 
cr to be thrown into, deposited or left in the Chicago river or either of 


222 


GENERAL ORDINANCES. 


its branches, or any of the slips or canals connected therewith, or into 
Lake Michigan, or into any siough within the jurisdiction of the 
city, or in or upon any street, alley, public square, vacant lot, wharf 
cr dock, river bank or lake shore, and any person or persons creating 
or permitting such nuisance to exist, shall be subject to a fine of not 
less than twenty-five dollars and not exceeding one hundred dollars 
for every offense. 

1022. Matter decaying on premises.] For any person to permit 
or suffer any substance of the nature mentioned in the preceding sec¬ 
tion, which is liable to become putrid or offensive or injurious to the 
public health, to remain on any premises owned or occupied by him 
for a longer period than twenty-four hours at any one time, from 
the first day of March to the first day of November in any year, or ex¬ 
ceeding forty-eight hours during any other part of the year, or neglect 
to remove the same within the time above designated, in the manner 
and according to the requisitions prescribed in like cases in section 
1020 of this article, shall constitute and is hereby declared a nuisance. 
Any person who shall create or permit such nuisance to exist shall be 
subject to a fine of not less than twenty-five dollars and not exceeding 
one hundred dollars for every offense, and a further penalty of twenty- 
five dollars for each day the same shall be allowed to remain after a 
conviction for the first offense. 

1023. Factory—nauseous or offensive.] Any factory, build¬ 
ing or structure of any kind, or tallow chandler’s shop, soap factory, 
tannery, distillery, livery stable, cattle yard or shed, barn, packing 
house, slaughter house, or rendering establishment which shall be¬ 
come nauseous, foul or offensive, is hereby declared a nuisance, and 
the person or persons owning, keeping or maintaining any such fac¬ 
tory, shop, yard, house, building or structure aforesaid, shall be fined 
in a sum not less than twenty-five dollars and not exceeding one 
hundred dollars for each offense. 

1024. Premises offensive.] Any store, house, factory or building 

or structure of any kind, or any grounds or premises kept, permitted 
or suffered to remain for twenty-four hours in such condition as to be 
offensive to the neighborhood, dangerous or prejudicial to the health 
or safety of the occupants or other persons, is hereby declared a nui¬ 
sance, and the owner, proprietor, lessee or agent of such store, house, 
factory, building or structure of any kind, or grounds or premises, 
shall be subject to a fine of not less than twenty-five dollars and not 
exceeding one hundred dollars, and to a further penalty of twenty- 
five dollars for every day such nuisance shall continue after the first 
conviction. 

1025. Cellar, vault, drain—offensive.] It shall constitute and 

is hereby declared a nuisance for any person to suffer or permit 
any collar, vault, private drain, pool, sewer or sink upon any premises 
belonging to or occupied by him to become nauseous, foul, offensive 
or injurious to the public health. Any person who shall create, suffer 


HEALTH. 


223 


or permit such nuisance to exist shall be subject to a fine of not less 
than five dollars and not exceeding fifty dollars in every case, and to 
a further penalty of ten dollars for every day the same shall continue 
after notice to remove and abate such nuisance. 

1026. Abatement on notice.] In all cases where a nui¬ 
sance shall be found in any building or upon any ground or other 
premises within the jurisdiction of the city, twenty-four hours’ notice 
may be given in writing, signed by the commissioner of health or by 
the acting health officer, to the owner or occupant of such building or 
ether premises where he is known and can be found to remove such 
nuisance, and in case of his neglect or refusal to abate the same in ac¬ 
cordance with such notice, he shall be chargeable with the expenses 
which may be incurred in the removal thereof, to be collected by suit 
or otherwise, in addition io the fine or penalty. 

1027. Summary abatement.] Whenever any nuisance shall 
be found on any premises within the city contrary to this article, the 
commissioner of health is hereby authorized in his discretion to cause 
the same to be summarily abated in such manner as he may direct. 

1028. Nuisances—common law.] In all cases where no pro¬ 
vision is herein made defining what are nuisances and how the same 
may be removed, abated or prevented in addition to what may be 
declared such herein, those offenses which are known to the common 
law of the land and the statutes of Illinois as nuisances may, in case 
the same exist within the city limits or within one mile thereof, be 
treated as such, and proceeded against as is in this article provided, 
or in accordance with any other law which shall give the officer trying 
the same jurisdiction. 

1029. Tanneries, etc.—permit.] No person shall permit or 

have any offensive water or other liquid or substance on his premises 
or grounds to the prejudice of life or health, whether for use in any 
trade or otherwise; and no establishment or place of business for tan¬ 
ning, skinning or scouring, or for dressing hides or leather, or for 
carrying on any offensive or noisome trade or business, shall here¬ 
after be opened, started or established in the city of Chicago without 
a permit from the city council. And every such establishment now 
existing shall be kept cleanly and wholesome, and be so conducted in 
every particular as not to be offensive or prejudicial to life or health. 
Any violation of this section shall subject the offender to a penalty of 
not less than ten dollars nor more than one hundred dollars. 

1030. Individuals bringing nuisance into the city.] No per¬ 
son shall bring into the city, or keep therein for sale or otherwise, 
either for food or for any other purpose or purposes whatever, any 
animal, dead or alive, matter, substance or things which shall be or 
which shall occasion a nuisance in said city, or which may or shall be 
dangerous or detrimental to health, under a penalty of not less than 
ten dollars nor more than one hundred dollars. 

1031. Duty of commissioner — police.] For the purpose 
of carrying the foregoing provisions into effect, it shall be the duty 


224 


GENERAL ORDINANCES. 


of the commissioner of health to cause to be detailed a sufficient num¬ 
ber of the police force, by permission of the superintendent, to make 
from time to time and as often as may be requisite a thorough and 
systematic examination of the city, and to ascertain and report to the 
proper authority for prosecution all violations of this article; and for 
this purpose they shall be permitted at all times to visit and enter 
into or upon any building, lot or grounds within the jurisdiction of 
the city and to make examination thereof. 


ARTICLE XIX. 

QUARANTINE REGULATIONS. 

1032. Establishment of quarantine.] Said commissioner, when¬ 
ever, and at such times as by him it shall be deemed necessary, may, 
by proclamation (the approval of the city council being first had and 
obtained), require all boats, vessels, railroad cars or other public con¬ 
veyances bound for this city, before the same shall land or stop at any 
wharf, depot or landing or stopping place therein, to touch or stop at 
anjy or either of the sites, piaces or boundaries selected and established 
for quarantine purposes and leave all such emigrants, travelers or 
persons, and all such sick, diseased or unclean persons, with their 
stores and baggage, as in the opinion of the officers stationed at such 
quarantine sites, places or boundaries shall be deemed proper, on ac¬ 
count of the existence or general report of cholera, ship fever or any 
contagious disease. 

1033. Notice of quarantine.] Whenever it shall be deemed 

necessary to issue such proclamation, it shall be the duty of the said 
commissioner to send the same, together with the substance of the 
regulations for quarantine, and the period for which the same shall be 
in force, unless sooner revoked, to New York, Buffalo, Detroit, To¬ 
ledo, La Salle, St. Louis, Galena, Dubuque, Burlington, and such other 
cities and places as by him shall be deemed proper. 

1034. Quarantine inspectors.] He shall also cause to be stationed 
at such quarantine sites, places and boundaries as he may deem advis¬ 
able, one or more physicians or health officers, whose duty it shall be 
to go on board and examine all boats, vessels, cars or other public 
conveyances, so as aforesaid required to touch or stop at said quaran¬ 
tines respectively, and then and there determine what emigrants, 
passengers or persons (if any) shall be permitted to come to the city, 
and what emigrants, passengers or persons (if any) shall stop at such 
quarantine; and it shall be the duty of all persons conducting or in 
charge of any such vessel, boat, car or public conveyance, to aid and 
assist any such physician or health officer in the exercise of his duties. 

1035. Medical attendance.] Said physician or health officer 
shall attend to all sick persons who may be landed or placed in quaran¬ 
tine, and provide medicines and necessaries for their use, and shall 


HEALTH. 


225 


have general supervision of such quarantines, and compel persons 
therein to purify their bodies, clothes and baggage, and do all such 
acts and things as shall be proper in the premises, keeping correct ac¬ 
counts of all expenditures and wages, which shall be allowed and paid 
by order of the said commissioner. 

1036, Discharge.] Whenever any physician or officer in charge 
of any quarantine station or place, as aforesaid, shall, upon examina¬ 
tion, be satisfied that there is no longer occasion for the detention of 
any boat, vessel, car or conveyance at such quarantine or place, and 
such boat, vessel, car or conveyance shall have been thoroughly 
cleansed, and such persons as aforesaid landed and placed in the care 
cf such physician or officer, such physician or officer shall give such 
vessel, boat, car or conveyance a permit, signed by him, to enter the 
city, which shall be ample authority for the entry of said boat, vessel, 
car or conveyance, and the said officers, respectively, shall discharge 
all persons in quarantine by their certificate for that purpose, whenever 
they are satisfied that such persons are free of disease and their bag' 
gage and effects properly purified; Provided, however, that the com¬ 
missioner in his discretion, by proclamation for that purpose, may, 
during the prevalence of cholera, ship fever, or other contagious or 
fatal disease, forbid the admission of emigrants or others peculiarly 
liable thereto into any or all of said quarantines or stations, until, in 
his opinion, the health of the city will justify the same. 

1037, Police powers.] It shall be the duty of the said commis¬ 
sioner, whenever by him it shall be deemed necessary, to keep at the 
quarantine station or stations a sufficient police force, whose duty it 
shall be to enforce all regulations by this chapter required, or by said 
commissioner to be established, and to arrest all persons violating said 
regulations or committing any breaches of the peace, and bring such 
persons before any court having jurisdiction, for trial, and to arrest 
and hold for trial all persons disobeying, or interfering with, or resist¬ 
ing any physician, health officer, or other person in authority at such 
quarantine site, place or station. 

1038, Violation of Quarantine.] In case any boat, vessel, car 
or public conveyance shall leave any quarantine station, place or 
boundary, without a permit, as aforesaid, or shall fail to stop at the 
same, when so, as aforesaid, required by the issuing of the said proc¬ 
lamation, or whenever the person in charge thereof or any person under 
bis command, shall fail or refuse to obey any regulation or command of 
the said commissioner of health, physician, or person in charge of any 
quarantine station or place, or of any provision or requirement of this 
chapter, the said commissioner shall have the power, and it is hereby 
made his duty, if in his opinion the health of the city requires it, to send 
sufficient police force to such boat, vessel, car or public conveyance, 
and cause the same, with the crew and passengers on board, to be 
landed, or stopped, or conveyed to the quarantine station or place, and 
there to remain until properly discharged by the permit aforesaid; and 

15 


226 


GENERAL ORDINANCES. 


the owner, master or the person in charge of any such boat, vessel, car 
or public conveyance shall be liable to the cily for all expenses and 
costs incurred by reason thereof. If any emigrant, traveler or person, 
so placed in quarantine as aforesaid, shall leave the same without per¬ 
mission as aforesaid, he may be arrested and taken back to said quar¬ 
antine, and there retained until such permission shall be given 

1039. Power to enforce regulations.] The physician or health 
officer in charge of any quarantine station or place shall have power 
to make and enforce such regulations as may be necessary for the 
proper conducting and management thereof; and it shall be the duty of 
all persons in quarantine, and all agents, officers, policemen or others 
employed by the city in and about said quarantine stations or places to 
carry out and obey the same. 

1040. Appointment of Physicians.] The said commissioner, by 

and with the approval of Ihe city council, may appoint one or more 
competent physicians as quarantine physicians, who shall be present 
at such quarantine stations as the said commissioner of health shall 
designate, and attend to all the duties imposed by this chapter or by 
.the regulations of said commissioner; and who shall receive, each, for 
actual services rendered, and for such time as such services shall be 
actually required, not less than five dollars nor more than ten dollars 
per day, to be allowed by the said commissioner; also the said commis¬ 
sioner may employ such agents, servants, nurses or temporary medical 
assistants for the purpose of carrying into effect the objects and intent 
of this chapter, or of any regulation, as in his judgment shall from 
time to time be necessary, or authorize the employment thereof by the 
physicians or health officers in charge of any, quarantine or station. 

1041. Expenditures.] All the salaries, wages and expenses in this 
article contemplated are to be audited and allowed by the said com¬ 
missioner, and when so allowed are to be paid out of the fund set apart 
for quarantine purposes, or, in case of necessity, out of the contingent 
hind of the city: Provided, that, when practicable, the persons taken 
in such quarantine, or station and receiving the aid and care afforded 
thereby shall each pay a sum of money sufficient to meet all expenses, 
labor and care incurred in their behalf, which said money shall be faith¬ 
fully kept, reported and accounted for by the physician, health officer, 
or other person in charge of said quarantine or station, to the said 
commissioner; and all other expenses incurred or to be incurred by 
reason of this chapter or of any regulation of said commissioner shall 
be paid out of the fund set apart for quarantine purposes, or, when 
necessary, out of the contingent fund of the city. 

1042. Contagious disease.] No person, master, captain or con¬ 
ductor in charge of any boat, vessel, railroad car or public conveyance 
shall knowingly bring into this city any person or persons diseased 
of cholera, smallpox, ship fever, or contagious or communicable dis¬ 
ease whatsoever; and no vessel, boat, railroad car or public conveyance, 
at any time covered by the said proclamation, shall pass by any quaran- 


HEALTH. 


227 


tine station or place without stopping, nor shall leave the same without 
tlie permit aforesaid; and no person stopping in said quarantine, or so, 
as aforesaid, received therein, shall leave the same without first ob¬ 
taining permission as aforesaid; nor shall any person aid or abet any 
master, conductor or person in charge of any boat, vessel, railroad 
car or public conveyance in violating, neglecting or evading any pro¬ 
vision or requirement of this chapter; nor shall any person interfere 
with, resist, neglect, or refuse to obey the orders of any physician, 
health officer, policeman or other person in authority at any quaran¬ 
tine station or place of quarantine, so, as aforesaid, established; nor do 
any act or thing in violation of, or in disobedience to, any of the 
provisions, clauses or sections of this chapter; nor shall commit any 
breach of the peace, or do any act calculated in any way to defeat or 
interfere with the provisions or requirements of this chapter, or of any 
regulation of the said commissioner, physician or officer in charge of 
any quarantine. 

1043. Quarantine fund.] The moneys appropriated to the 
quarantine fund shall be faithfully applied by the said commissioner to 
the true objects and purposes of its appropriation, and the said com¬ 
missioner shall make reports of his doings and expenditures to the city 
council whenever requested so to do. 

1044. Penal Clause.] Any master of a vessel, conductor, cap¬ 
tain or person whatsoever, who shall violate any clause, provision, re¬ 
quirement, duty or regulation of this chapter, or any rule or regu¬ 
lation of the said commissioner, physician or health officer in charge 
of any quarantine, or who shall fail or neglect to comply with any such 
clause, provision, requirement, duty or orders, or who shall interfere 
with, or in any manner resist, any officer or agent of the city in the 
discharge of his duty as herein contemplated, or who shall commit 
any breach of the peace, or be guilty of any act or thing calculated 
to defeat or interrupt the carrying into effect of any part of this chap¬ 
ter, or any regulation of the said commissioner, shall, in cases where no 
other penalty is provided, on conviction, pay a fine of not less than 
twenty-five dollars nor more than two hundred dollars. 

1045. Stations—sites.] The commissioner of health, by and 
with the approval of the city council, may select, purchase, lease and 
establish such sites, places and boundaries for quarantine stations and 
purposes, and, with the approval of said council, may erect, from time 
to time, such buildings and hospitals upon such sites and places, and 
so keep the same in repair, as in his judgment shall be deemed nec¬ 
essary. 

ARTICLE XX. 

SMOKE. 

1046. Dense smoke a nuisance.] The emission of dense 
smoke from the smoke stack of any boat or locomotive, or from any 
chimney anywhere within the city, shall be deemed and is hereby de- 


228 


GENERAL ORDINANCES. 


dared to be a public nuisance; Provided, that chimneys of buildings 
used exclusively for private residences shall not be deemed within 
the provisions of this ordinance. 

1047. Penal clause.] The owner or owners of any boat or 

locomotive engine, and the person or persons employed as engineer 
or otherwise in the working of the engine or engines in said boat or in 
operating such locomotive, and the proprietor, lessee and occupant 
of any building who shall permit or allow dense smoke to issue or be 
emitted from the smoke stack of any such boat or locomotive or the 
chimney of any building within the corporate limits, shall be deemed 
and held guilty of creating a nuisance, and shall for every such offense 
be fined in a sum not less than five dollars nor more than fiftv dollars. 

m/ 

1048. Duty of commissioner.] It shall be the duty of the com¬ 
missioner of health and the superintendent of police to see that the 
provisions of this article are enforced, and to make complaint against 
and cause to be prosecuted all persons violating the same. ♦ 

ARTICLE XXI. 

STATISTICS. 

1049. Statistical reports.] The commissioner of health shall 

annually during the first quarter of each and every fiscal year place 
full and detailed statistical reports of the work of the inspectors be¬ 
fore the city council. The reports shall specify the following: 

1. Number of males and females of all ages employed; also num¬ 
ber of boys and girls under fifteen years of age employed. 

2 . The number of violations of this chapter and the number of 
abatements, with detailed accounts of improvements effected. 

3 . General and special sanitary condition of all people in labor 
or service in factories, workshops, stores, warehouses, elevators, yards, 
and domestic workrooms. 

4 . Number and kind of dangerous and unhealthy employments, 
and diseases of the several trades and occupations. 

5 . Statistics of labor, wages and cost of living in connection with 
the several trades and occupations specified in the reports of the fac¬ 
tory and tenement house inspectors. 

Such reports shall be printed as public documents, for the infor¬ 
mation of the public. 

ARTICLE XXII. 

SLAUGHTERING AND RENDERING. 

1050. License—application—fee.] It shall be unlawful for 

any person or persons, company or corporation within the city of 
Chicago, or within one mile of the limits thereof, to engage in the busi¬ 
ness of slaughtering animals for food, packing them for market, or 
rendering the offal, fat, bones or scraps from such animals or any dead 


HEALTH. 


229 


carcass or any animal matter whatever, or to engage in the manufac¬ 
ture or production of fertilizers or glue, or the cleaning or rendering 
of intestines, unless he or they shall have obtained a license for such 
business. The mayor is hereby authorized to issue a license for such 
purpose to any person or persons applying to him in writing for the 
same. Such application shall specify the place and location and the 
character of the business for which license is desired, and the applicant 
shall pay into the city treasury as a license fee the sum of one hundred 
dollars per annum. 

1051. License revocable.] Any license so granted may be re¬ 
voked upon written notice by the mayor, whenever it shall appear 
to his satisfaction that the party so licensed shall have violated any pro¬ 
vision of any ordinance of the city council, or any statute law of the 
state of Illinois, relating to said business of slaughtering, packing, 
rendering and manufacture of fertilizers or glue. 

1052. Rendering, etc—district.] It shall be unlawful for any 
person, firm or corporation to carry on the business of slaughtering 
of animals, or rendering of any animal matter, or manufacturing the 
same into fertilizing material, or changing the form thereof in any 
manner by the use of heat, steam, fire, chemicals or otherwise at any 
place or in any establishment where such business is not now carried 
on within the city of Chicago, or within one mile of the limits of said 
city, except the same be done in that portion of said city which 
is bounded on the north by the Chicago river and the Illinois and 
Michigan canal, on the east by Stewart avenue, and on the west by 
Western avenue; Provided, that such business at all times, wherever 
carried on, shall be so conducted as to create no offense or nuisance, 
and in strict accordance with the laws of the state of Illinois and the 
ordinances of the city of Chicago, and under and subject to the condi¬ 
tion of a license from said city, as is provided by this article. 

1053. Rendering—offensive odor.] It shall constitute and is 
hereby declared a nuisance for any person to steam or boil, or in any 
way render any offal, tainted or damaged lard or tallow, or steam or 
render any animal substance in such a manner as to occasion any offen¬ 
sive smell, or which by undergoing such process so> taints the air as 
to render it unwholesome or offensive to the smell, within the limits 
of the city or within the distance of one mile therefrom. Any person 
who shall create, suffer or permit such nuisance to exist shall be sub¬ 
ject, for each offense, to a fine of not less than twenty-five dollars and 
not exceeding one hundred dollars. 

1054. Inspection—right of entry. ] The commissioner of health, 
or any or all of his sanitary officers, shall be permitted free entrance at 
all hours of the day or night to all buildings used for the purposes 
specified in section 1052 , and to free and unrestrained examination of 
all apparatus or utensils used in such manufacture, or in the disposi¬ 
tion of gases generated in such manufacture. 

1055. Slaughtering on streets.] No cattle shall be slaughtered 
or the meat or any part thereof dressed or hung, wholly or 


230 


GENERAL ORDINANCES. 


partly within any street, avenue or sidewalk or public alley or 
place; nor shall any blood or dirty water or other substance from 
such cattle, meat, or place of killing or the appurtenances thereof, be 
allowed to run, fall or to be in any such street, avenue, sidewalk, alley 
or place. 

1056. Slaughter-house—prohibited] use.] No building oc¬ 
cupied wholly or partly as a slaughter-house or any part thereof, or 
any building on the same lot, shall, without a special permit from the 
commissioner of health, be occupied for a dwelling or lodging place; 
and every such building shall at all times be kept adequately and 
thoroughly ventilated; and no blood shall be allowed to remain therein 
over night; and adequate underground connections shall be made 
from every such building with a public sewer, and the door of such 
building on which the slaughtering is done, and the yard, shall be 
cemented and paved so as not to absorb blood, and so as to carry all 
liquid into the sewers. 

1057. New place—permit from council.] Neither the busi¬ 
ness of slaughtering cattle, nor the keeping of any slaughter-house, 
nor the yarding of cattle, shall be begun or undertaken at any new or 
additional place within the city of Chicago, except pursuant to a permit 
from the city council; nor shall any person or corporation keep any 
slaughter-house or yard, or any cattle therein hereafter without a per¬ 
mit from said council. 

1058. Rendering—manner of conducting.] No fat, tallow 
or lard shall be melted or rendered except when fresh from the 
slaughtered animal, and taken directly from the place of slaughter, 
and in a condition free from sourness and taint, and all other cause of 
offense at the time of rendering, and that all melting and rendering 
are to be in steam tight vessels, the gases and odors therefrom to be 
destroyed by combustion or other means equally effective, and accord¬ 
ing to the best and most approved means and processes; and every 
thing preceding, following and in connection with such melting and 
rendering, and the premises where the same shall be conducted, must 
be free from all offensive odor, and other cause of detriment to the pub¬ 
lic health. No fat, lard, or tallow shall be brought into the city of Chi¬ 
cago to be rendered or melted, and none is to be rendered or melted 
that has come from any place outside of said city, except as part of the 
living animal. 

1059. Rendering—glue—permit from council.] No person 
shall boil any offal, swill, bones or fat in said city, save in ordi¬ 
nary cooking; nor shall the business of bone crushing, bone boiling, 
bone grinding, bone burning, shell burning, fat boiling, gut cleaning, 
nor the skinning or making of glue from any dead animals or parts 
thereof, nor any other occupation that is dangerous or detrimental to 
life or health, be hereafter established or carried on within the limits of 
said city, or within one mile thereof, unless the same be allowed by a 
permit of the city council. 


HEALTH. 


231 


1060. Rendering—special permit.] No person shall boil 
any offal, swill or bones, nor any fat, tallow or lard (except upon the 
same being taken at once from the animal, and while the same is 
fresh and otherwise inoffensive); nor shall the business of bone crush¬ 
ing, bone boiling, bone grinding, bone burning, shell burning, gut 
cleaning, nor the skinning of or making of glue from any dead animal 
or part thereof, nor the storage or keeping of scrap fat or grease or 
offensive animal matter, be permitted or conducted at any place with¬ 
in the limits of the city, or within one mile thereof, without a special 
permit from the city council; nor shall the business of boiling or ren¬ 
dering the fresh lard fat, or tallow aforesaid, be conducted within said 
city, without a like special permit from said council; and such permit 
must be applied for in writing, specifying the nature and precise loca¬ 
tion of the proposed business, and such application shall not be acted 
upon until the second regular meeting, two weeks after such applica¬ 
tion. 

1061. Rendering — deodorizing.] All persons engaged in 
the business of boiling or rendering of fat, lard or animal matter, shall 
cause the scrap or residuum to be so dried or otherwise prepared as 
effectually to deprive such material of all offensive odors, and to pre¬ 
serve the same entirely inoffensive immediately after the removal there¬ 
of from the receptacles in which the rendering process may be con¬ 
ducted. 

1062. Bone boiling, etc., prohibited.] It shall be unlawful for 
any person or persons to carry on, establish, prosecute or continue 
within the city of Chicago the occupation or trade or business of bone 
boiling, bone burning, bone grinding or skinning of dead animals; 
and every such establishment or establishments or place of such bus¬ 
iness existing within the corporate limits or within one mile thereof is 
hereby declared a nuisance, and such trade, occupation or business 
shall be forthwith abated and discontinued; and any person carrying 
on or prosecuting such trade, occupation or business shall be subject 
to a fine of not less than fifty nor more than one hundred dollars for 
every violation thereof, and to a further penalty of twenty-five dollars 
for every day such nuisance shall continue after notice to abate the 
same. 

1063. Penalties.] Any person who violates, disobeys, omits, 
neglects or refuses to comply with, or who resists any of the provis¬ 
ions of the thirteen last preceding sections of this article, or who refuses 
or neglects to obey any of the rules, orders, or sanitary regulations 
of the department of health, or who omits, neglects or refuses to com¬ 
ply with, or who resists any officer or order or special regulation of said 
department of health where no other or different penalty is provided, 
shall, upon conviction, be subject to a fine not exceeding two hundred 
dollars nor less than ten dollars for each offense. 


232 


GENERAL ORDINANCES. 


ARTICLE XXIII. 

TENEMENTS AND LODGING HOUSES. 

1064. Conform to requirements.] No house hereafter erected 
shall be used as a tenement house or lodging house, and no house here¬ 
tofore erected and not now used for such purposes shall be converted 
into, used or leased for a tenement or lodging house, unless in addition 
to the requirements hereinbefore contained it conforms to requirements 
contained in the following sections: 

' 1065. Construction and use—ventilation.] It shall not be law¬ 
ful hereafter to erect for or convert to the purposes of a tenement or 
lodging house, a building on the front of any lot where there is another 
building on the rear of the same lot, unless there is a clear, open space 
exclusively belonging thereto, and extending upwards from the ground, 
of at least ten feet between said buildings, if they are one story high 
above the level of the ground; if they are two stories high, the distance 
between them shall not be less than fifteen feet; if they are three stories 
high, the distance between them shall be twenty feet; and if they are 
more than three stories high, the distance between them shall be 
twenty-five feet. At the rear of every building hereafter erected for 
or converted to the purposes of a tenement or lodging house on the 
back part of any lot, there shall be a clear, open space of ten feet be¬ 
tween it and any other building. But when thorough ventilation of 
such open spaces can be otherwise secured, said distances may be les¬ 
sened or modified in special cases by a permit from the department of 
health. 

1066. Lodging house-ventilation.] Every house, building or por¬ 
tion thereof in the city of Chicago, designed to be used, occupied, 
leased or rented, or which is used, occupied, leased or rented for a ten¬ 
ement or lodging house, shall have in every room which is occupied 
as a sleeping room, and which does not communicate directly with 
the external air, a ventilating or transom window having an opening 
or area of three square feet over the door leading into and connected 
with the adjoining room if such adjoining room communicates with the 
external air, and also a ventilating or transom window of the same 
opening or area communicating with the entry or hall of the house, 
or where this is from the relative situation of the rooms impracticable, 
such last mentioned ventilating or transom window shall communicate 
with an adjoining room that itself communicates with the entry or 
hall. Every such house or building shall have in the roof at the top 
of the hall an adequate and proper ventilator, of a form approved by 
the commissioner of health. 

1067. Height of ceilings—windows.] In every such house here¬ 
after erected or converted, every habitable room except rooms in the 
attic shall be in every part not less than eight feet in height from the 
floor to the ceiling; and every habitable room in the attic of any such 
building shall be at least eight feet in height from the floor to the ceil- 


/ 


HEALTH. 


233 


ing throughout not less than one half the area of such room. Every 
such room shall have at least one window connecting with the external 
air, or over the door a ventilator of perfect construction, connecting 
it with a room or hall which has a connection with the external air, 
and so arranged as to produce a cross current of air. The total area 
of window or windows in every room communicating with the ex¬ 
ternal air shall be at least one-tenth of the superficial area of every 
such room; and the top of one at least of such windows shall not be 
less than seven feet and six inches above the floor, and the upper half 
at least shall be made so as to open the full width. Every habitable 
room of a less area than one hundred superficial feet, if it does not 
communicate directly with the external air, and is without an open fire¬ 
place, shall be provided with special means of ventilation by a separate 
air shaft extending to the roof, or otherwise, as the commissioner of 
health may prescribe. 

1038. Chimneys— water-cellar, etc,] Every such house here¬ 
after erected or converted shall have adequate chimneys running 
through every floor, with an open fire-place or grate, or place for stove, 
properly connected with one of said chimneys, for every family and set 
of apartments; it shall have proper conveniences and receptacles for 
ashes and rubbish; it shall have water furnished at one or more places 
in such house or in the yard thereof, so that the same may be adequate 
and reasonably convenient for the use of the occupants thereof; it shall 
have the floor of the cellar properly cemented so as to be water-tight; 
the halls of each floor shall open directly to the external air, with suit¬ 
able windows, and shall have no room or other obstruction at the end, 
unless sufficient light or ventilation is otherwise provided for said hall 
in a manner approved by the commissioner of buildings. 

1069. Overcrowding.] No owner, lessee or keeper of any 
tenement-house, lodging-house, boarding-house or manufactory shall 
cause or allow the same to be over-crowded, or cause or allow so great a 
number of persons to dwell, be or sleep in any such house or any por¬ 
tion thereof, as thereby to cause any danger or detriment to health. 

1070. Adequate water-closets—gases.] Every person who 
shall be the owner, lessee or keeper or manager of any tenement-house, 
boarding-house, lodging-house or manufactory, shall provide or cause 
to be provided for the accommodation thereof and for the use of the 
tenants, lodgers, boarders and workers therein, adequate privies or 
water-closets, and the same shall be so adequately ventilated, and shall 
at all times be kept in such cleanly and wholesome condition as not to 
be offensive or be dangerous or detrimental to health. And no offen¬ 
sive smell or gases from or through any outlet or sewer, or through 
any such privy or water-closet, shall be allowed by any person afore¬ 
said to pass into such house or any part thereof or into any other house 
or building. 

1071. Cleanliness—ventilation—temperature.] Every owner, 
lessee and tenant, and manager of any boarding-house or manufac¬ 
tory, shall cause every part thereof and its appurtenances to be put, 


234 


GENERAL ORDINANCES. 


and shall thereafter cause the same to be kept, in a clean and whole¬ 
some condition, and shall speedily cause every apartment thereof in 
which any person may sleep, dwell or work, to be adequately lighted 
and ventilated; and if the same be a manufactory, shall cause every 
part thereof in which any person may work to be maintained at such 
temperature, and be provided with such accommodations and safe¬ 
guards as not, by any reason of the want thereof, or of anything about 
the condition of any such manufactory or its appurtenances, to cause 
unnecessary danger or detriment to the health of any person being 
properly therein. 

1072. Cellar or place unventilated,] No person having the 
right and power to prevent the same shall knowingly cause or permit 
any person to sleep or remain in any cellar, or in any place dangerous 
or prejudicial to health, by reason of a want of ventilation or drainage, 
or by reason of the presence of any poisonous, noxious or offensive sub¬ 
stance or otherwise. 

1073. Garbage-combustibles—cattle,] Every tenement or 
lodging-house shall have the proper and suitable conveniences or re¬ 
ceptacles for receiving garbage and other refuse matter. No tenement 
or lodging-house, nor any portion thereof, shall be used as a place of 
storage for any combustible article, or any article dangerous or detri¬ 
mental to health; nor shall any horse, cow, calf, swine, pig, sheep or 
goat be kept in said house. 

1074. Cleanliness—whitewash.] Every tenement or lodging- 
house and every part thereof shall be kept clean and free from any 
accumulation of dirt, filth, garbage or other matter in or on the same, 
or in the yard, court, passage, area or alley connected with or belong¬ 
ing to the same. The owner or keeper of any lodging-house, and the 
owner or lessee of any tenement house or part thereof, shall thoroughly 
cleanse all the rooms, passages, stairs, floors, windows, doors, walls, 
ceilings, privies, cesspools and drains thereof of the house or part of 
the house of which he is the owner or lessee, to the satisfaction of the 
commissioner of health, so often as shall be required by or in accord¬ 
ance with any regulation or order of said commissioner, and shall well 
and sufficiently, to the satisfaction of the said commissioner, whitewash 
the walls and ceilings thereof twice at least in every year, and in the 
months of April and October, unless the said commissioner shall other¬ 
wise direct. 

1075. Contagious disease—disinfection.] The owner or keeper of 
any lodging-house, and the owner, agent of the owner, and the lessee 
of any tenement-house or part thereof shall whenever any person in such 
house is sick of fever or of any infectious, pestilential or contagious 
disease, and such sickness is known to such owner, keeper, agent or 
lessee, give immediate notice thereof to the department of health or to 
some officer of the same, and thereupon said officer shall cause the 
same to be inspected, and may, if found necessary, cause the same to be 
immediately cleansed or disinfected at the expense of the owner in such 
manner as they may deem necessary and effectual; and they may also 


HEALTH. 


235 


cause the blankets, bedding and bed clothes used by any such sick 
person to be thoroughly cleansed, scoured and fumigated, or in ex¬ 
treme cases to be destroyed. 

1076. Tenement-house defined.] A tenement-house within 
the meaning of this article shall be taken to mean and include every 
house, building or portion thereof which is rented, leased, let or hired 
out to be occupied or is occupied as the home or residence of more 
than three families living independently of one another and doing 
their cooking upon the premises; or by more than two families upon 
a floor so living and cooking, but having a common right in the halls, 
stairways, yards, water-closets or privies or some of them. 

1077. Lodging-house defined,] A lodging-house shall be taken 
to mean and include any house or building or portion thereof in which 
persons are harbored or received or lodged for hire for a single night 
or for less than a week at one time, or any part of which is let for any 
person to sleep in for any term less than a week. 

1078. Cellar defined.] A cellar shall be taken to mean and include 
every basement or lower story of any building or house of which one- 
half or more of the height from the floor to the ceiling is below the 
level of the street adjoining. 

1079. Penalties.] Any person or persons violating, disobeying, 
neglecting or refusing to comply with, or resisting any of the provis¬ 
ions of this article, or who refuse to comply with any of the sanitary 
regulations of the department of health concerning any of the matters 
or things mentioned in this article shall, upon conviction, be subject 
to a penalty of not less than ten dollars nor exceeding two hundred 
dollars. 

ARTICLE XXIV. 

UNDERTAKERS. 

1080. License—fee—revocation.] It shall be unlawful for 
any person, firm or corporation to pursue or exercise within this city 
the business of undertaking without a license therefor, to be granted 
by the mayor upon the recommendation of the commissioner of health. 
Applications for such license shall be made in writing, and every such 
applicant shall pay to the city collector, as a license fee, the sum of 
ten dollars, and said city collector shall issue his receipt therefor; said 
receipt delivered to the city clerk shall entitle the person, firm or cor¬ 
poration making the payment to receive a license as an undertaker 
for the current municipal year; Provided, however, said license may 
at any time after the issuance thereof be revoked by the mayor upon 
good and sufficient cause. 

1081. Burial permit.] It shall be unlawful to issue any per¬ 
mit for burial to any undertaker who has not obtained a license in ac¬ 
cordance with the provision of this article. 


236 


GENERAL ORDINANCES. 


1082. Undertaking defined.] The business of undertaking 
is hereby defined to be the business or occupation of preparing dead 
bodies for burial, and managing funerals. 

ARTICLE XXV. 

VACCINATION. 

1083. Duty of persons controlling minors.] Every per¬ 
son, being the parent or guardian, or having the care, custody, or 
control of any minor or other individual, shall (to the extent of any 
means, power and authority of said parent, guardian or other person, 
that could properly be used or exerted for such purpose) cause and 
procure such minor or individual to be so promptly, frequently and 
effectively vaccinated, that such minor or individual shall not take, 
or be liable to take, the small pox. 

1084. Prerequisite to admission 'to school.] No principal 
of any public school, and no principal or teacher of any private, sec¬ 
tarian or other school, shall admit to any such school any child or 
minor who shall not have been vaccinated within seven years next 
preceding the admission or application for admission to any such 
school of such child or minor, nor shall any such principal or teacher 
retain in or permit to attend any such school any child or minor 
who shall not have been vaccinated as provided in this article. 

1085. Evidence of vaccination.] The evidence of such vac¬ 
cination to be presented to any such principal or teacher mentioned 
in the preceding section shall be a certificate signed by the commis; 
sioner of health or any physician duly licensed by the state board or 
health. 

1086. Inspection of schools.] The commissioner of health is 
hereby empowered to visit any and all public and private schools 
in the city, and to make or cause to be made an examination of the 
children and minors in attendance therein, as often as he may deem 
necessary to secure compliance with the provisions hereof. 

1087. Penalty.] Any principal of a public school, or prin¬ 
cipal or teacher of any private or other school, who shall violate any 
of the provisions of this article, or shall in any way prevent or attempt 
to prevent the commissioner of health from exercising the power con¬ 
ferred on him by this article, shall be fined for each offense not less 
than five dollars nor more than two hundred dollars. 

ARTICLE XXVI. 

WORKSHOPS. 

1088. Workshop described.] Any house, room or other place in 
which the process of making, altering, repairing or finishing any so- 
called ready made coats, vests, trousers, overcoats, or any other sort or 


HEALTH. 


237 


description of wearing apparel intended for sale, shall be carried 
on, shall be deemed a workshop, and shall be governed by all or¬ 
dinances now in force, or which may hereafter be passed, relating to 
workshops. 

1089. Condition — inspection.] Every such workshop shall 
be kept in a cleanly condition, and each and all of the garments 
made, altered, repaired or finished in any of such workshops shall 
be subject to inspection and examination by the department of health 
of the city of Chicago and the inspectors thereof. 

1090. Unclean, abated.] Every such workshop which shall not 
be kept in a cleanly condition and free from vermin and every mat¬ 
ter of an infectious or contagious nature is hereby declared to be a 
public nuisance and it shall be the duty of the commissioner of 
health to cause the same to be abated. 

1091. License required — fee — annual.] No person or per¬ 
sons, firm or corporation, shall carry on, keep, maintain, or oper¬ 
ate any isuc'h workshop in which any person shall be employed 
for hire without having been first licensed so to do by the city of 
Chicago. Every person or persons, firm or corporation, carrying 
on, keeping, maintaining or operating any such workshop, in which 
any person shall be employed for hire, shall annually, on the first 
day] of May of each year, pay a license fee of one dollar per year 
for each workshop so maintained by him or them, which license 
shall be issued and be good for a period ending with the first day 
of May following the issuance and delivery thereof. 

1092. License, issue of—application.] Licenses shall be is¬ 
sued in the names of the applicants therefor. Before the issuance 
of the license for any such workshop the person or persons, firm 
or corporation, applying therefor shall make written application on 
a printed form, provided for that purpose, on which shall be stated: 

First—The name of the applicant and the location of the business 
place or places for which such license is desired. 

Second—A description of the nature of the work proposed to 
be carried on in such workshop and the number of rooms therein. 

Third—The maximum number of persons of either sex proposed 

to be employed in such workshop. 

Fourth—Any other facts which the applicant may desire to state 

concerning the proposed workshop. 

1093. Application, filing of — inspection ] Such application 
for license shall be filed with the city collector and, thereupon, the 
city collector shall send a copy of such application to the com¬ 
missioner of health, whoise duty it shall be, within ten days there¬ 
after, to make an examination of the place where any such work¬ 
shop is proposed to be located, and certify to the city collector 
whether the health of the city or of the persons proposed to be em¬ 
ployed in such workshop, will be endangered by the maximum num- 

persons to be employed at the work and in the place named 
in such application. No such license shall be issued unless the 


238 


GENERAL ORDINANCES. 


commissioner of health shall certify that the health of the city and 
of the persons proposed to be employed in such workshop will 
not be endangered by the carrying on of the business in the man¬ 
ner and at the place named in such application. 

1094. Revocation of license.] it,, at any time after the grant¬ 
ing of any such license, the commissioner of health shall certify 
to the mayor that the health of the city or of the persons employed 
in any such workshop, is endangered by the maintenance of such 
workshop, it shall be the duty of the mayor to revoke the license 
therefor and, upon the revocation of any such license, the licensee shall 
not be entitled to the return of any portion of the license money paid. 

1095. License, posting.] Every such license granted under 
the provisions of this ordinance shall be posted in a conspicuous 
place in the workshop for which such license is issued and such 
license may, at any time, be revoked for just cause. 

1096. Penalty.] Any person or persons, firm or corporation 
violating any of the provisions of this article shall, upon con¬ 
viction thereof, be punished by a fine of not less than ten dollars 
r.or more than one hundred dollars for each and every offense; 
and each day during which any such workshop shall be main¬ 
tained, kept, carried on or operated without a license, shall be con¬ 
strued as a separate and distinct offense. 

MISCELLANEOUS PROVISIONS. 

1097. Ventilation of factories, workshops, etc.] No per¬ 
son, being the owner, proprietor, lessee, manager or superintendent 
of any store, factory, workshop or other structure or place of em¬ 
ployment where workmen and workwomen are employed for wages, 
shall cause, permit or allow the same or any portion or apartment 
of, or any room in said store, factory, workshop or other structure 
or place of employment, to be overcrowded or inadequate, faulty or 
insufficient in respect of ventilation and cleanliness; and in every 
such building or apartment, or room in any such building, where 
one or more persons are employed as aforesaid, at least five hun¬ 
dred cubic feet of air space shall be allowed to each and every person 
employed therein, and the air changed or renewed by ventilation 
at least once in every twenty minutes during the hours of em¬ 
ployment. 

1098. Free from effluvia, gas, etc.] All such places of em¬ 
ployment or service shall be kept in a cleanly condition, free from 
the effluvia of a sewer, drain, privy, stable or other nuisance; also 
as far as practicable from all gases, vapors, dust or other impurities 
generated by manufacturing processes or otherwise and injurious 
to health. Sufficient and separate privies and urinals shall be pro¬ 
vided for male and female employes and such privies shall be ven¬ 
tilated. 

1099. Inspection of stores, workshops, etc.] The commissioner 
of health shall visit or cause to be visited by an officer,* all such 


HEALTH. 


239 


places of employment or service within the city at least once a 
month, to see that the provisions of this article are complied with, 
and shall have such arrangements made as may be deemed neces¬ 
sary for the safety and health of the employes, pursuant to the terms 
of this article and such laws as may be in force concerning health 
and sanitary measures. 

1100. Penalty.] Any person violating, disobeying, neglecting 
or refusing to comply with any of the provisions of the last three 
preceding sections of this article shall be subject, on conviction 
thereof, to a penalty of not less than ten nor more than one hundred 
dollars. 


ARTICLE XXVII. 

GENERAL REGULATIONS. 

1101. Seats for females.] It shall be the duty of all employers of 
females in any mercantile or manufacturing business or occupation to 
provide and maintain seats for the use of such female employes, and to 
permit, to a reasonable extent, the use of such seats by such employes 
during the hours of their employment, for the preservation of their 
health. All mercantile and manufacturing occupations and establish¬ 
ments where females are employed shall be inspected by officers of the 
health department to ascertain if this section is complied with, and any 
employer found violating any of the provisions of this section shall 
be subject to a fine of not less than five dollars nor more than one hun¬ 
dred dollars. 

ANIMALS. 

1102. Stables—cleanliness—infected animal.] Every person 
shall cause every stable and place where any cows, horses or other 
animals may be, to be kept at all times in clean and wholesome condi¬ 
tion, and shall not allow any animal to be therein while infected with 
any disease, contagious or pestilential among such animals, without 
a permit from the health commissioner. 

1103. Permit to yard animals.] No cattle, swine, pigs or sheep, 
geese, goats or horses, shall be yarded within the city of Chicago, with¬ 
out the permit of said commissioner, or otherwise than according to the 
regulation of the department of health. 

Note: See section 1126. 

1104. Past recovery or dead—removal] Any person, having 
a dead animal or an animal past recovery and not killed for, and im¬ 
proper for' use as meat, or in an offensive condition, or sick with 
an infectious or contagious disease on his premises in said city, and 
every person whose animal, or any animal in his charge or under his 
control in any street or place, may die or become or be in a condition 
past recovery, shall at once remove or cause the removal of such ani¬ 
mal, dead or alive, to some proper place, and when such place may be 
designated by the city council, to the place so designated. 


240 


GENERAL ORDINANCES. 


1105. Notice of dead animal.] Every person having within his 
possession or control or upon any premises occupied or owned by him, 
any dead animal not proper for food and liable to become noxious and 
detrimental to health, shall at once give notice thereof to the officer 
in charge of the nearest police station, and such officer shall at once 
cause notice thereof to be given to the department of health. 

1106. Diseased or sickly animal.] No diseased or sickly horse, 
cattle, swine, sheep, dog or cat or other animals, nor any that have been 
exposed to any disease that is contagious among such animals, shall be 
brought into the city of Chicago. 

1107. Disease of glanders or farcy.] No person shall keep, 
retain or allow or employ to be kept or retained, at any place within 
the city, any horse, ass or colt, having the disease known as glanders 
or farcy. 

1108. Individual not to bury.] No person shall leave in or throw 
into any place or street or public water, or offensively expose or bury 
the body (or any part thereof) of any dead or fatally sick or injured 
animal; nor shall any person keep any dead animal, or any offensive 
meat, bird, fowl or fish in a place where the same may be dangerous to 
the life, or detrimental to the health of any person. 

1109. Diseased or injured on street.] Any animal, being in any 
street or public place within the city, and appearing in the estimation 
of any officer or inspector of the department of health (and of two dis¬ 
creet citizens, called by such officer or inspector to view the same in 
his presence) injured or diseased past recovery for any useful pur¬ 
pose, and not being attended and properly cared for by the owner or 
some proper person to have charge thereof for the owner, or not hav¬ 
ing been removed to some private premises or to some place designated 
by such officer or inspector within one hour after being found or left 
in such condition, may be deprived of life by such officer or inspector, 
or as he may direct, and shall thereafter, unless at once removed by the 
owner or proper person, be treated as any other animal found on a 
street or place. 

No person other than the inspectors or officers of the depart¬ 
ment of health, or department of police, or persons thereto authorized 
by contract or otherwise, shall in any way interfere with such dead, 
sick or injured animal in any street or place, and no person shall skin 
or wound such animal in such street or public place, unless to terminate 
its life as herein authorized, except that the owner or person having 
control of such animal may terminate the life thereof in the presence 
and by the consent of a policeman, or an inspector or officer of said de¬ 
partment. 

CABBAGE PLANT. 

1110. Uncovered cabbages.] No cabbage head, cabbage 
stalk or other portion of any cabbage plant shall be allowed to remain 
upon any garden, field or open space within the city of Chicago be¬ 
tween the fifteenth day of October, in any year, and the fifteenth day 


HEALTH. 


241 


of April next thereafter following, unless the same shall be covered un¬ 
der at least one foot of earth. Every owner, lessee or occupant of any 
field, garden or other open space who shall violate the provisions of 
this ordinance shall be liable to a fine of not less than five dollars nor 
more than two hundred dollars, and a further penalty of ten dollars 
for each day that such violation shall be permitted to continue upon 
any field, garden or other open space within the city of Chicago of 
which he or they may be owner, lessee or occupant. 

DRINKING WATER. 

1111. Pollution.] No person shall allow to run or pass 
into any water-pipe, any animal, vegetable, or mineral substance what¬ 
ever; nor shall any person do or permit to be done (having right or 
power to prevent the same), any act or thing that will impair or imperil 
the purity or wholesomeness of any water or other fluid used or de¬ 
signed as a drink in any part of said city. 

1112. Duty to preserve purity.] It shall be the duty 
of every person, officer and department, having any authority and 
control in regard to any water designed for human consumption (and 
within the proper sphere of the duty of each thereof), to take all usual 
and also all reasonable measures and precautions to secure and pre¬ 
serve the purity and wholesomeness of such water. 

1113. Interfering with hydrant.] No person shall destroy, 
nor in anywise injure or impair any drinking-hydrant or part thereof 
in the said city; nor shall any person interfere with the use of or enjoy¬ 
ment of the water therein or therefrom, or interrupt the flow thereof, 
for or as a drink; nor shall any person put any dirty, poisonous, 
medicinal or any noxious substance into or near said water or hydrant 
whereby such water is made, or may be regarded, as dangerous or 
unwholesome as a drink. 

PRIVT, VAULT, SINK, CESSPOOL. 

1114. Garbage or refuse in.] No person shall throw 
into or deposit in any vault, sink, privy or cesspool any offal, ashes, 
meat, fish, garbage or other substance, except that of which any such 
place is the appropriate receptacle; nor shall any slops or kitchen waste 
be permitted to run into any privy or cesspool, except the same be 
connected with the sewer. 

1115. Not allowed to become offensive.] The contents of 
any such tub, or of any receptacle, cesspool, privy, vault, sink or water- 
closet, cistern, or anything in any room, excavation, vat, building, 
premises or place, shall not be allowed to become a nuisance or of¬ 
fensive so as to be dangerous or prejudicial to health. 

1116. Construction of.] No vault, privy, sink, cistern or 
cesspool shall hereafter be made or rebuilt in the city, except in accord¬ 
ance with the regulations of and by permit of the department of 

16 


242 


GENERAL ORDINANCES. 


health. The general privy accommodations of a tenement house or 
lodging-house shall not be permitted in the cellar, basement or under 
sidewalk. 

1117. Same subject.] All cesspools and privy vaults shall 
be water tight, and when on lots adjacent to sewers shall be connected 
with the same in the manner required by the regulations of the depart¬ 
ment of public works. 

1118. Disinfection before removal.] All putrid or offensive 
matter, and all night soil, and the contents of sinks, privies, vaults 
and cesspools, and all noxious substances in the said city shall, before 
their removal or exposure, be disinfected and rendered inoffensive 
by the person who removes or is about to remove the same. 

1119. Individuals not to move contents.] The owner, 
tenant, or occupant of any building or premises in the city of Chi¬ 
cago, shall not employ, cause or permit any part of the contents of 
any vault, privy, sink, or cesspool (being thereon, and of which he has 
control), to be removed, unless according to a permit or the regula¬ 
tions of the said department of health. 

1120. Drawing off contents.] No person shall draw off, 
or allow to* run off into any ground, street or place of said city, the 
contents (or any part thereof) of any vault, privy, cistern, cesspool or 
sink; nor shall any owner, tenant or occupant of any building to which 
any vault, sink, privy or cesspool shall appertain or be attached, permit 
the contents or any part thereof to flow therefrom, or to rise within 
two feet of any part of the top, or isaid contents to become offensive; 
nor shall any privy or other erection in this section mentioned be filled 
with or covered with dirt, until its filthy contents shall be emptied. 

1121. Penalties.] Any person who violates, refuses to 
comply with or resists any of the provisions of the seven last preceding- 
sections shall, upon conviction, be subject to a fine of not less than 
ten dollars nor more than one hundred dollars for each offense. 

1122. Location of privy vault.] It shall be unlawful for any per¬ 
son, firm or corporation to maintain any privy vault or suffer the same 
to be and remain upon any premises abutting upon or adjoining any 
street, alley, court or public place, in which is located any public sewer. 
Any person, firm or corporation violating the provisions of this section 
shall be fined not exceeding two hundred dollars for each offense. 

1123. Construction—location.] It shall constitute and is hereby 
declared a nuisance for any person to erect or maintain any privy 
as near as forty feet to any street, dwelling, shop or well, unless the 
same be furnished with a substantial vault six feet deep, and made 
tight, so that the contents cannot escape therefrom, and sufficiently 
secured and enclosed. Any person owning, erecting or maintaining 
such privy shall be subject to the penalty of ten dollars, and a like pen¬ 
alty for every week he shall continue the same after the first conviction. 

1124. Shall be abated when offensive.] All privies, any part 
of the contents of which are above the surface, or within two feet of 
the surface of the earth, and all other privies that are foul, emitting 


HEALTH. 


243 


smells and odors prejudicial to the public health, are hereby declared 
nuisances, and the commissioner of health or any health officer or 
inspector shall have power to abate the same. 

1125. Contents removed in suitable vehicles.] No part of the 
contents of any privy, vault, sink or cesspool (except substances other 
than excrements insoluble in water), or any accumulation of any offen¬ 
sive fluid, liquid or semi-liquid substance or material, being in any 
excavation, cellar or place within the limits of the city of Chicago, shall 
be removed therefrom, nor shall the same be transported through any 
of the streets or avenues of said city, unless and except the same shall 
be removed and transported by means of an air-tight apparatus, or in 
such a manner as shall prevent entirely the escape of any noxious or 
offensive odors therefrom, and by a permit from the department of 
health. Any violation of this section shall subject the offender to a 
penalty of not less than ten nor more than one hundred dollars. 


CATTLE AND SWINE. 

1126. Yarding.] For any person or persons to keep or use any 
yard, pen, place or premises within the city of Chicago, in or upon 
which more than three head of cattle or swine shall be confined or 
kept at any one time, shall constitute and is hereby declared a nuisance; 
and any person or persons creating or permitting said nuisance to 
exist, having the right or power to abate the same, shall be subject 
to a fine of not less than twenty-five dollars and not exceeding one 
hundred dollars in every case, and to a further penalty of ten dollars 
for every day he or they shall neglect or refuse to abate such nuisance 
when notified by the mayor or commissioner of health to abate the 
same. 

Note: See section 1103. 


GAS MANUFACTORY. 

1127. Refuse in river, slip or sewer—odors.] No person or 
company being a manufacturer of gas, or engaged about the manu¬ 
facture thereof, shall throw or deposit or allow to run, or having the 
right or power to prevent the same shall permit to be thrown or 
deposited in any public waters, river, canal, slip, or into any sewer 
therewith connected, or into any street or public place, any gas-tar or 
any refuse matter of or from any gas-house, works or manufactory; 
nor shall any such person or company allow any substance or odor to 
escape from such house, works or manufactory, or make any gas of 
such ingredients or quality that any substance shall escape therefrom, 
or be formed in the process of burning any gas, which shall be offensive 
or dangerous, or prejudicial to life or health. Nor shall any such per¬ 
son or company fail to use the most approved or all reasonable means 
for preventing the escape of odors. 


244 


GENERAL ORDINANCES. 


FOUNDRY—MANUFACTORY. 

1128. Refuse'and cinders removed.] The owners, lessees, ten¬ 
ants and managers of every blacksmith or other shop, forge, coal-yard, 
foundry, manufactory and premises where like business is done, shall 
cause all ashes, cinders, rubbish, dirt and refuse to be removed to 
some proper place, so that the same shall not accumulate at any of the 
above mentioned premises, or in the appurtenances thereof, nor the 
same become filthy or offensive; nor shall any smoke, cinders, dust, 
gas or offensive odor be allowed to escape from any such building, 
place or premises, to the detriment or annoyance of any person not 
being therein or thereupon engaged. 


VARNISH, LAMPBLACK, TURPENTINE, ETC. 

1129. Offensive gas, etc.) No person shall hereafter erect, 
start or establish in said city, without the consent of the city council, 
any manufactory or place of business for boiling any varnish or oil, 
or for the distilling of any ardent or alcoholic spirits, or for making 
any lampblack, turpentine or tar, or for conducting any other business 
that will or does generate any unwholesome, offensive or deleterious 
gas, smoke, deposit or exhalation, or any business that is or would be 
dangerous to life or detrimental to health. 

1130. Penalties.] Any person, firm or corporation violating or 
refusing to comply with any of the provisions of the last three pre¬ 
ceding sections of this article shall be subject to a penalty of not 
less than ten dollars nor more than two hundred dollars. 

MISCELLANEOUS REGULATIONS. 

1131. Duty to disclose ownership to inspector.] Every 

agent, or other person having charge, control or management, or who 
collects or receives the rents of any lands, premises or other property 
in the city, shall disclose the name or names of the owner or owners 
of such land, premises or property, or the name or names of the per¬ 
son or persons for whom such agent or other person is acting, upon 
application being made therefor by any inspector, agent or officer of 
the department of health. 

1132. Jail—prison—station.] No keeper or other officer 
or person having control or authority in any city jail, prison, station 
or other place where any person may be kept or confined, shall need¬ 
lessly or illegally cause or allow any peril or detriment to the health 
of any such person by reason of too little or too much heat, or of a 
want of food, drink or ventilation, or from the want or neglect of any 
other reasonable care, protection or precaution. 

1133. Water from roofs.] Where no sewer exists in the 
street, the yard or area shall be so graded that all water from the roof 
or otherwise, and all filth shall flow freely from it and all parts of 


HEALTH. 


245 


it into the street gutter, by a passage beneath the sidewalk which shall 
be covered by a permanent cover, but so arranged as to permit access 
to remove obstructions or impurities. 

1134. Dusts—feathers—noxious matters.] No lime, ashes, 
coal, dry sand, hair, feathers or other substance that is in a similar 
manner liable to be blown by the wind, shall be sieved or agitated 
or exposed; nor shall any mat, carpet or cloth be shaken or beaten, 
nor any cloth, yarn, garment or material or substance be scoured, 
cleaned or hung, nor any business be conducted over or in any 
street or public place, or where particles therefrom set in motion 
thereby will pass into any such street or public place, or into any occu¬ 
pied premises; and no usual or reasonable precaution shall be omitted 
by any person to prevent fragments or other substances from falling, 
or dust and light material flying, into any street, place or building, 
from any building or erection while the same is being altered, re¬ 
paired or demolished. 

1135. Street gutters.] No person shall deposit upon any 
street or public place within the limits of the city of Chicago, or upon 
any paved street, any dirt or brick or other material or dirt taken from 
any ground therein in such manner as to obstruct the free flowage 
along any gutter. 

1136. Offensively saturated ground.] No ground or ma¬ 
terial filled with offensive matter or substance that will emit or allow 
to arise through or from the same any offensive smell or deleterious 
exhalation, shall be opened or turned up, or the surface thereof re¬ 
moved, between the first day of May and the first day of October of 
any year, except according to permit first therefor obtained from the 
city council. 

1137. Offensive liquids — vessels.] Every tub or other 
necessary receptacle in any house, sink or privy (placed or allowed 
to stand therein by any owner, tenant or occupant of any building or 
premises), and used to contain any liquid or partially liquid sub¬ 
stance, shall be sufficiently strong, perfectly tight, and adequately pro¬ 
vided with a strong cover and with hoops and handles, and shall not 
be allowed to be filled to within four inches of any part of the top, and 
shall not be allowed (or its contents) to become offensive. And the 
provisions of this article relative to emptying cesspools, and to throw¬ 
ing any substance therein, shall apply to said tubs and receptacles as 
if here repeated and applied thereto. 

Note: See sections 1114 and 1125. 

1138. Exposure of matter imperiling health.] No per¬ 
son shall take, carry, expose, or place or induce any other person so 
to do, in or upon any street or public place any substance, animal or 
thing’which shall imperil the health of any person who is or may 

properly be in such street or place. 

1139. Use of premises.] No person owning or occupying 
any building or premises shall use the same, or permit the use of the 
same, or rent the same to be used for any business or employment, or 


246 


GENERAL ORDINANCES. 


for any purpose of pleasure or recreation, if such use shall, from its 
boisterous nature, disturb or destroy the peace of the neighborhood 
in which such building or premises are situated, or be dangerous or 
detrimental to health. 

1140. Hindering removal of filthy substances.] No per¬ 
son shall obstruct, delay or interfere with the proper and free use, 
for the purposes for which they may be and should be set apart and 
devoted, any dock or wharf set apart for the use of any contractor or 
person engaged in removing any offal, garbage, rubbish, dirt, dead 
animals, night-soil or other like substances, or with the proper per¬ 
formance of such contracts. 

1141. Duty of scavengers.] It shall be the duty of every 
contractor, scavenger and person, his agents and employes, who has 
contracted or undertaken to remove any diseased or dead animal, 
offal, rubbish, garbage, dirt, street-sweepings, night-soil or other filthy, 
offensive or noxious substance, or is engaged about any such 
removal or in the loading or unloading of any such substance, to do 
the same with dispatch, and in every particular in a manner as cleanly 
and free from offense and with as little danger and prejudice to life and 
health as possible. 

. 1142. Street sweepings.] No street sweepings or other 
noxious material shall be piled up or partially raked together, in any 
street or place before the removal thereof, more than a reasonable 
time, nor for more than four hours in the daytime, under any circum¬ 
stances. 

1143. Matters and things detrimental to health.] No build¬ 
ing, vehicle, structure, receptacle or thing used or to be used for any 
purpose whatever, shall be made, used, kept, maintained or operated in 
the city, if the use, keeping, maintaining or operating of such building, 
vehicle, structure, receptacle or thing shall be the occasion of any nui¬ 
sance, or dangerous or detrimental to health. 

No substance, matter or; thing of any kind whatever, which shall be 
dangerous or detrimental to health, shall be allowed to exist in con¬ 
nection with any permitted business, or be used therein, or to exist in 
connection therewith, or to be used in any work or labor carried on or 
to be carried on or prosecuted in the city, and no nuisance shall 
be permitted to exist in connection with any business or in connec¬ 
tion with any such work or labor. 

1144. Penalty.] Any person who violates, disobeys, omits, neg¬ 
lects or refuses to comply with, or who resists any of the provisions 
df this article or chapter, or who refuses or neglects to obey any of the 
rules, orders, or sanitary regulations of the department of health, or 
who omits, neglects or refuses to comply with, or who resists any 
officer or order or special regulation of said department of health, shall, 
upon conviction, be subject to a fine not exceeding two hundred dollars 
nor less than ten dollars for each offense. 


CHAPTER XXXVI. 


HOUSE OF CORRECTION. 

1145. House occupied, or to be occupied.] The buildings and 
enclosures erected and now standing, or that may hereafter be erected 
on that part of the east one-half of the southwest one-quarter of section 
twenty-five, township thirty-nine north, range thirteen, east of the 
third principal meridian, lying north of the west branch of the 
south branch of the Chicago river, being between Twenty-sixth street 
and the west branch of the south branch of the Chicago river, situate 
and lying within the city of Chicago, are constituted and established 
a house of correction for the said city; and any buildings and enclo¬ 
sures that may hereafter be erected on any lot or lands purchased, 
owned or leased by the city of Chicago for the purposes of a house of 
correction, whether within or without the limits of said city, shall be 
subject to the conditions and provisions of this article. 

1146. Superintendent to control.] The superintendent of the 
house of correction shall have the custody, rule, charge and keeping of 
the house of correction, and of all persons committed thereto, under 
the supervision and direction of the board of inspectors; and he shall 
enforce such order and discipline as shall be directed by the board of 
inspectors. 

1147. Duties—day’s labor, ten hours.] It shall be the duty of 

the superintendent of the house of correction to receive into the said 
house of correction such persons as may be committed thereto by any 
court or magistrate in Cook county, authorized by the laws of the 
state or by any ordinance of the city, or any town or village in Cook 
county having a contract with the city of Chicago for the care of its 
prisoners, and to put each of said persons so committed as are able 
to labor to the work which they are respectively best able to do, not 
to exceed ten hours for each working day. ' 

1148. Daily credit of prisoners.] Every person committed to the 
house of correction shall be allowed for each day’s work, exclusive 
of his or her board, the sum of fifty cents, which shall be applied in pay¬ 
ment and satisfaction of the fine and costs imposed upon such person. 

1149. County prisoners.] From and after the date of the exe¬ 
cution of an agreement to that effect between the city and the board 
of commissioners of Cook county, the superintendent shall also re¬ 
ceive into said house of correction any person or persons who may be 
sentenced or committed thereto by any court or magistrate in and of 
Cook county, when such commitment is for a time not less than thirty 
days. 

1150. Violation of rules by inmates.] Every person committed 

247 


248 


GENERAL ORDINANCES. 


to the house of correction shall obey the superintendent thereof in 
all his lawful commands, and shall not molest or hinder him in the dis¬ 
charge of his duty, and shall not escape or attempt to escape or assist 
others to escape or attempt to escape therefrom, or destroy or injure 
any property appertaining to the house of correction, and shall not 
transgress or violate the rules of discipline or any of them. Any per¬ 
son violating this section shall be fined not exceeding one hundred 

dollars. > 

1151. Superintendent molested.] It shall be lawful for the 
superintendent of the house of correction, and it is hereby made his 
duty, to arrest or cause to be arrested and taken before a justice of the 
peace every person who shall molest or in any manner interfere with 
the said superintendent (or with any person in his custody or charge 
as a prisoner), while in the discharge of his duty, either in the house 
of correction or elsewhere; and any person who shall so molest or 
interfere with the superintendent of the house of correction or person 
in his custody or charge, shall be fined in a sum not exceeding fifty 

dollars. ! i 

1152. Mittimus with prisoner.] It shall be the duty of all 

members of the police force of the city of Chicago delivering any per¬ 
son to the house of correction to deliver to the superintendent the 
mittimus or execution, and return immediately to the comptroller a 
duplicate thereof, by virtue of which said person was committed. 

1153. Release of prisoner.] No person shall be released from 
the house of correction by the superintendent thereof, except upon the 
payment of the fine or on the certificate of the comptroller, as provided 
in section 59 , or by an order of the mayor or some court of competent 
jurisdiction. He shall only release prisoners received by virtue of a 
contract with any county, village or town, by expiration of sentence, 
by order of the board of village trustees or by a court of competent 
jurisdiction. 

1154. Quarterly report.] It shall be the duty of the super¬ 
intendent of the house of correction to make out and deliver to the 
comptroller on the first day of each quarter a statement, duly sworn 
to, showing the names of all persons who have been confined in the 
house of correction during the quarter past, the number of days of their 
several confinements during said quarter, the date of their committal 
and the names of all persons discharged or released during said quar¬ 
ter, and by what authority they were discharged or released. 

1155. Board of inspectors to make rules.] The board of in¬ 
spectors shall have the right to make all proper rules and regulations 
for the purpose of carrying out the aforesaid provisions. 

1156. Report of county prisoners.] The superintendent of the 
house of correction shall make out and deliver to the clerk of the 
county board of commissioners of Cook county on the first day of each 
quarter, a statement duly verified, showing the names of all persons 
who have been confined in the house of correction during the quarter 
past, under any provisions of the criminal code of this state, the amount 


HOUSE OF CORRECTION. 


249 


of fines and the number of days as shown by the executions or mitti¬ 
mus from the justice or inferior courts of this county of their several 
confinements during said quarter, the date of their committal, and the 
names of all persons discharged or released during said quarter, and 
by what authority they were discharged or released. 

1157. Prisoners from other counties.] The board of inspectors 
of the house of correction are hereby authorized to make contracts 
with any county in the state, or with the trustees of any town or vil¬ 
lage in Cook county, for the care and custody of prisoners for any term 
of years, not less than two, nor more than ten years, at a price not less 
than twenty-five cents per day for each such prisoner. All contracts 
shall extend for the care of such prisoner until the expiration of his 
term of sentence; and the labor of every such prisoner shall be the 
property of and for the benefit of the city of Chicago. 

1158. City physician—medical assistance.] Whenever thejcity 
physician shall be unable to attend any prisoner requiring medical aid, 
the said superintendent is hereby authorized to employ such other 
medical assistance as he may deem necessary. 

1159. Payment of fines.] The said superintendent is also 
hereby authorized to accept the fine imposed upon any prisoner com¬ 
mitted to the house of correction, whenever the same shall be tendered 
to him; and all fines so received by him shall be paid over to the city 
comptroller within twenty-four hours thereafter. 


I 


) 


CHAPTER XXXVII. 


LIBRARY. 

1160. Free library established.] There is hereby established a 
free public library and reading room for the use of the inhabitants of 
the city of Chicago, which shall be called “The Chicago Public 
Library.” 

1161. Site—memorial hall.] The board of directors of the pub¬ 
lic library of the city pf Chicago are hereby authorized and directed to 
take possession of the piece of ground noW known as “Dearborn 
park,” in that part of the city of Chicago, state of Illinois, known as the 
“Fort Dearborn addition to Chicago,” and bounded on the north by 
the south line of Randolph street, on the east by the west line of Mich¬ 
igan avenue, on the south by the north line of Washington street, and 
on the west by the east line of an alley known as Dearborn place, and 
to erect thereon a public library building, under and in pursuance of 
the powers and authority conferred upon said board of directors by 
the statute entitled “An Act to authorize cities, incorporated towns 
and townships to establish and maintain free public libraries and read¬ 
ing rooms” (approved and in force March 7 , 1872 ), and the various 
amendments thereto; Provided, that in erecting such building the 
said board of directors shall make provision for a memorial hall, for 
the use of such organizations of union soldiers and sailors of the late 
civil war as have their headquarters in Cook county, at a nominal 
rent, to be used by them for the purposes of their organization and for 
the preservation of relics and mementoes of the late civil war, for the 
period of fifty years and no longer. 

1162. Injury to books.] Any person who shall wilfully or 
maliciously cut, write upon, injure, deface, tear or destroy any book, 
newspaper, plate, picture, engraving or other thing of value belonging 
to the Chicago public library shall be fined not less than five dollars 
nor’more than fifty dollars for every such offense. 

1163. Injury to furniture.] Any person who shall wilfully or 
maliciously commit any injury upon the Chicago public library, or 
upon the grounds, building, furniture, fixtures or other property 
thereof, shall be fined not less than ten dollars nor more than one 
hundred dollars for each offense. 

1164. Failure to return books.] Any person who shall fail 
to return any book belonging to the Chicago public library, according 
to the requirements of the by-laws duly made and adopted by the 
directors of such library for the government thereof, shall be fined not 
less than one dollar nor more than ten dollars for each offense. 


250 


CHAPTER XXXVIII. 




LICENSES. 

1165. Mayor to grant.] All licenses shall be granted by the 
mayor from time to time, to such residents of the city of Chicago as 
he may deem proper. 

1166. How issued..] Each and every license authorized and 
required by this ordinance, and granted by the mayor, shall be issued 
by the city clerk, on notice to him from the city collector’ that the 
license fee or tax has been paid, and not otherwise. 

1167. Subject to ordinances.] All licenses shall be subject to 
the ordinances and regulations which may be in force at the time of 
issuing thereof, or which may subsequently be passed by the city 
council; and if any person so licensed shall violate any of the provisions 
thereof, he shall be liable to be proceeded against for any fine or 
penalty imposed thereby, and his license may be revoked in the discre¬ 
tion of the mayor. 

1168. Assignment prohibited—exception.] No license granted 
under this ordinance shall be assignable or transferable without per¬ 
mission of the mayor, nor shall any such license authorize any person 
to do business or act under it but the person named therein, except as 
is in this ordinance otherwise provided. 

1169. Term of.] No 1 icense shall be granted for a longer period 
than one year, and every license, except saloon licenses, shall expire on 
the last day of April next following. Every license shall be signed by 
the mayor and countersigned by the clerk under the corporate seal. 

1170. Mayor’s discretion.] In all cases where it is not otherwise 
expressly provided, the mayor shall have power to hear and grant 
applications for licenses upon the terms specified by this ordinance; 
and all licenses shall be issued to such person or persons as shall 
comply in all respects with the provisions of this ordinance, and as the 
mayor in his discretion shall deem suitable and proper persons to be 
licensed. 

1171. Collector’s receipt.] The city collector shall receipt for 
all moneys for any license that may be granted under the authority of 
said city upon any account whatever; his receipt shall be a discharge 
to the person to whom given, to the extent and purport thereof, but no 
person shall be deemed to be licensed in any case until the issuing 
of the license in due form as herein required. 

1172. Non-payment of fee.] Whenever it shall appear from 
the license register kept by the clerk, or the books of the collector, that 
any person holding any license or permit of any kind or privilege 
granted by the city, has failed*.to pay the amount due thereon or other 

251 


252 


GENERAL ORDINANCES. 


kind of penalty, license, fine, debt or liability whatever, the clerk or 
collector, as the case may be, shall report the fact to the mayor, whose 
duty it shall be promptly to revoke said license, permit or privilege. 

1173. Transfer of license.] Any person or persons to whom 
any license may have been issued under any ordinance of the city 
council, may with the permission of the mayor assign and transfer the 
same to any other person or persons, and the person or persons to 
whom such license is issued or the assignee or assignees of such 
license, may with the permission of the mayor surrender such license, 
and have a new license issued for the unexpired term of the old license, 
authorizing the person or persons so surrendering such license to 
carry on* the same business or occupation at such place as may be 
named in such new license: Provided, that in all cases the party 
applying for such new license shall giveabond with sureties which shall 
conform as near as may be to the bond upon which such surrendered 
license was issued. 

1174. Rebate.] When any saloon license is issued after the first 
day of July, or other license is issued after the first day of May in any 
year, the same shall be issued to the person applying therefor upon 
his paying therefor the number of twelfth parts of the sum fixed for 
a yearly license equal to the number of months which will elapse 
between the date of the application for the license and the day when 
under this article said license is made to expire: Provided, however, 
that in determining the price to be paid, the month in which the ap¬ 
plication is made shall be counted and included in the number of 
months to elapse: and provided, further, that no person shall be 
entitled to the benefit of this section who shall be engaged in the 
business for which he applies for a license at the time of his applica¬ 
tion. 


CHAPTER XXXIX. 


LIQUOR. 


ARTICLE I. 

SALOONS. 

1175. License—application — bond.] The mayor of the 
city of Chicago shall, from time to time, grant licenses for the keep¬ 
ing of dram shops within the city of Chicago to persons who shall 
apply to him in writing therefor, and shall furnish evidence satisfying 
him of their good character. Each applicant shall execute to the city 
of Chicago a bond, with at least two sureties, to be approved by the 
city clerk or city collector, in the sum of five hundred dollars, condi¬ 
tioned that the applicant shall faithfully observe and keep all ordi¬ 
nances in force at the time of the application or thereafter to be 
passed during the period of the license applied for, and will keep closed, 
on Sundays, all doors opening out upon any street from the bar or 
room where such dram shop is to be kept; and that all windows open¬ 
ing upon any street from such bar or room shall, on Sundays, be pro¬ 
vided with blinds, shutters or curtains, so as to obstruct the view from 
such street into such room. No application for a license shall be 
considered until such bond shall have been filed. 

1176. Contents of application.] No license for the keep¬ 
ing of any dram shop or saloon in the city of Chicago shall be granted, 
unless the applicant for such license, in addition to complying with 
all the conditions now imposed by the laws of the state of Illinois 
and the ordinances of the said city, shall also, in his or her written 
application for such license, state and agree that during the term of 
such license he or she will not permit any spirituous, vinous or malt 
liquor to be sold or served in such dram shop or saloon by any female, 
unless such female be the applicant, or be the wife of the applicant, 
or be related to such applicant by consanguinity or affinity, and then 
and there residing with such applicant as part of his or her family, and 
further agreeing, in such application, that if the mayor of said city 
shall be satisfied that any such liquor is so sold or served there con¬ 
trary to said statement and agreement that said mayor may and shall 
revoke said license, and.the money paid for such license shall be for¬ 
feited to the said city, and the mayor shall, upon being satisfied that 
in any saloon hereafter licensed such liquor shall have been sold or 
served by any female, not above specifically excepted, revoke such 
license and declare forfeited to said city all money paid for such license, 

253 



254 


GENERAL ORDINANCES. 


and for the period of one year thereafter no license shall be granted to 
such applicant. 

1177. Fee. | Every person, on compliance with the afore¬ 
said requirements and the payment in advance to the city collector, 
at the rate of five hundred dollars per annum, shall receive a license 
under the corporate seal, signed by the mayor and countersigned by 
the clerk, which shall authorize the person or persons therein named 
to keep a dram shop, to sell, give away, or barter intoxicating liquors, 
in quantities less than one gallon, in the place designated in the license. 

1178. Periods of payment.] The license year, from and 
after the passage of this ordinance, is hereby divided into three periods, 
as follows: From May first to August thirtieth, inclusive, shall be 
known as the first period; from August thirty-first to December thir¬ 
tieth, inclusive, shall be known as the second period; from December 
thirty-first to April thirtieth, inclusive, shall be known as the third 
period. Licenses may be issued for the full license year or for the 
unexpired portion thereof, or for any period or the unexpired portion 
thereof; and the fee payable therefor shall be five hundred dollars in 
advance for the full license year, or $166.67 i n advance for each period: 
Provided, that if any license shall issue for the unexpired portion of 
the license year or for the unexpired portion of any period, the fee to 
be paid therefor shall bear the same ratio to the sum required for the 
whole year that the number of days in said unexpired portion bears to 
the whole number of days in the year; and provided, further, that no 
license shall extend beyond the thirtieth day of April next following its 
issuance. 

1179. Ill-governed places.] Every common or ill-governed 
house, or house or other place kept by any person licensed as afore¬ 
said, where any person is permitted or suffered to play any game of 
chance for money or other valuable thing, is hereby declared a public 
nuisance; and no person shall keep or maintain such public nuisance, 
under a penalty of not less than five dollars nor more than one hundred 
dollars for each offense. 

1180. Revocation of licenses.] Any license granted under 
this chapter may be revoked upon written notice by the mayor, when¬ 
ever it shall appear to his satisfaction that the party so licensed shall 
have violated any provision of any ordinance of the city council relat¬ 
ing to intoxicating liquors, or any condition of the bond aforesaid. 
Upon complaint to the mayor by two or more persons, that any place 
licensed as a saloon is a resort of disreputable persons, the mayor shall 
at once cause an investigation to be made as to such complaint, and if 
found to be true, he shall forthwith revoke the license issued to any 
person or persons to keep such saloon. Upon report to the mayor by 
the police department, that any saloon is the resort of disreputable 
persons, the mayor shall at once revoke the license of the keeper of 
such saloon. 

1181. Post license—refusal.] Anyand all persons licensed under 
this chapter or any ordinance of the city for the sale of liquors, shall 


LIQUOR. 


255 


immediately cause to be and remain posted upon some conspicuous part 
of the room or bar kept or used for such purpose, his or their license. 
Any person so licensed, who shall not cause such license to be posted 
and keep the same posted, as herein provided, or who, not being 
licensed, shall cause or permit any paper or document purporting 
to be a license to be or remain posted as aforesaid, shall, on conviction, 
be fined in a sum not exceeding twenty dollars. 

1182. Unlicensed, sales—penalty.] Any person who shall here¬ 
after have or keep any saloon, tavern, grocery, ordinary, victualing or 
other house or place within the city of Chicago for selling, giving away, 
or in any manner dealing in intoxicating liquors in quantities less 
than one gallon, or who by himself, his agents, or servants shall sell, 
give away, or in any manner deal in intoxicating liquors in quantities 
less than one gallon, or who by himself, his agents, or servants, shall 
keep a dram shop for the sale of liquors in quantities less than one 
gallon without a license therefor, in pursuance of this chapter, and 
other ordinances of the city of Chicago, shall, upon conviction, be fined 
not less than twenty dollars nor more than one hundred dollars for 
each and every offense. (See chapter on druggists.) 

1183. Sale of liquors other than malt.] Any person having 
a license to sell malt liquors only who shall by himself or another, 
either as principal or servant, directly or indirectly, sell or give away 
any intoxicating liquors, other than malt liquors, in less quantities than 
one gallon or in any quantity to be drank upon the premises or in oi 
upon any adjacent room, building, yard, or place of public resort, 
shall, for each and every offense, be fined not less than twenty dollars 
nor more than one hundred dollars. 

1184. Place of sale limited.] No person shall hereafter, by 
himself, his agent or servant, solicit, ask or take any order from any 
person or persons within said city, for the sale or delivery of any 
vinous, spirituous, ardent, intoxicating or fermented liquors, in quan¬ 
tities less than one gallon, at any other place than that named in such 
person’s license, or sell, offer for sale or deliver, any such vinous, 
spirituous, ardent, intoxicating or fermented liquors, in quantities less 
than one gallon, at any other place than that named in his license, 
within the city of Chicago, under the penalty of not less than fifteen 
dollars nor more than one hundred dollars for each offense. 

1185. Prohibited hours of sale.] No person shall keep open 
any saloon, bar-room or tippling house during the night time between 
the hours of twelve o’clock midnight and five o’clock a. m., under 
a penalty of not less than twenty dollars nor more than one hundred 

dollars for each offense. 

1186. Habitual drinkers—notice.] Whenever the wife or any 
other relative of any person habitually addicted to thq use of intoxicat¬ 
ing drink, by notice in writing personally served, shall make a request 
to any liquor dealer not to sell, or in any manner give away liquor 
to such person, it shall thereafter be unlawful for such liquor dealer 
to sell or give away any liquor to such person. Any person violating 


25 G 


GENERAL ORDINANCES. 


the provisions of this section shall be fined not less than twenty dollars 
nor more than one hundred dollars for each and every offense. 

1187. Minors.] Every saloon, grocery, room or place where in¬ 
toxicating liquors are sold, in which minors are permitted to drink 
intoxicating drinks of any kind, or play with dice, dominoes, cards, 
balls or other articles used in gaming, is hereby declared to be a dis¬ 
orderly hous-e. Every proprietor or keeper of such saloon, grocery 
or place where such drinking, gaming or playing shall take place, as 
aforesaid, shall, for the first offense of keeping the disorderly house 
aforesaid, be subjected to a fine of not less than twenty dollars nor more 
than one hundred dollars. 

1188. Annexed territory.] When any territory has heretofore 
or shall hereafter be annexed to the city of Chicago, and within such 
territory so annexed, or any part thereof, the issuing of dram-shop 
licenses was prohibited or regulated by ordinance of the city, village 
or incorporated town of which such territory was before such annexa¬ 
tion a part, then in such case no license shall be issued by the mayor 
to keep a dram-shop within any portion of the territory so annexed 
wherein the issuing of dram-shop licenses was prohibited before such 
annexation by the corporate authorities of the municipality of which 
it was formerly a part; or if, within any such territory so annexed, 
licenses to keep dram-shops were prohibited unless a petition therefor 
was filed, signed by a majority of the legal voters residing within one- 
half mile of the proposed location, then in such case the mayor shall not 
issue a license to keep a dram-shop within such territory, unless a pe¬ 
tition shall be filed with him signed by a majority of the legal voters re¬ 
siding within one-half mile of the location of the proposed dram-shop. 

Note: See appendix for local option and prohibition districts. 


ARTICLE II. 

BREWERS AND DISTILLERS. 

1189. License — definition — weiss beer excepted.] No per¬ 
son, firm or corporation shall carry on the business of a brewer or 
distiller within the city of Chicago, without having first obtained a 
license for such business, as hereinafter provided, for each brewery 
and each distillery conducted by such person, firm or corporation. 
The selling or delivering within said city of any product of a brewery 
or distillery, by or on behalf of the person, firm or corporation con¬ 
ducting or operating such brewery or distillery, shall be held to be 
carrying on the business of a brewer or of a distiller, as the case may 
be, within the meaning of this article, and to be covered by this 
article; Provided, that the provisions of this article shall not apply 
to the manufacture or sale of weiss beer. 

1190. Application—-bond.] Any person, firm or corporation 
desiring to carry on the business of brewer or distiller in said city shall 


LiQUOK. 


257 


file with the city clerk or city collector an application containing the 
full name of the applicant, the business proposed to be carried on, and 
whether such business will include brewing or distilling within said 
city, or only disposing within said city of liquors brewed or 
distilled by the applicant elsewhere, the location of the place 
or places of business of the applicant, including the loca¬ 
tion of the brewery or distillery whose product is to be disposed 
of in said city under the license, and the name of each and every agent 
within said city representing any such applicant whose business may 
be carried on in said city through an agency. A separate application 
shall be made in respect to each brewery or distillery wherever located. 
The applicant shall file with the application in the office of the city 
clerk or city collector a bond in the penal sum of one thousand dollars, 
with two good and sufficient sureties, to be approved by the city clerk 
or city collector, and conditioned to comply with the provisions of 
this article, and all bonds shall be filed with the city clerk after 
approval. 

1191. Fee.] Upon compliance-with the foregoing section and 
payment to the city collector of an annual license fee of five hundred 
dollars, or, if application be made after the month of May of any year, 
then upon payment of a sum bearing the same ratio to the sum re¬ 
quired for the whole year as the remaining number of months of the 
term for which the license is granted (inclusive of the month in which 
application is made) bears to the whole number of months in the 
year, any such applicant shall be entitled to a license, signed by the 
mayor and attested by the city clerk, to carry on so much of the 
business of a brewer or distiller within said city as may be stated in the 
application therefor, and such license shall be limited to expire on the 
thirtieth day of April next following its issuance. 

1192. Vehicles marked.] No malt liquors shall be sold or 
delivered from any wagon or other vehicle unless there shall be painted 
on both sides of such vehicle, in a conspicuous place, and in legible 
letters not less than five inches in height, the name of the vendor, the 
location by street and number of the place of business of such vendor 
in Chicago, and the number of the license held by such vendor. 

1193. Penalty.] Any person, firm or corporation violating any 
of the provisions of this article shall be subject to a penalty of not less 
than one hundred dollars nor more than two hundred dollars for each 
offense, and a separate offense shall be regarded as committed for each 
day during which such person, firm or corporation shall continue 
any such violation. 


ARTICLE III. 


WHOLESALE MALT LIQUOR DEALERS. 


1194. License— grocers and bottlers.] No person, firm or 
corporation shall, within the city of Chicago, sell or ofifer for sale, 

17 


258 


GENERAL ORDINANCES. 


any malt liquor in quantities of one gallon or more at a time, without 
having first obtained, as hereinafter provided, a license so to do for 
each place of business where such malt liquors shall be so sold or 
offered for sale, or for all wagons run for the purpose of such selling or 
offering for sale without any fixed place of business therefor. But no 
brewer, who has taken out a license as such, and who sells only malt 
liquors of his own production at the place of manufacture, shall be 
required to obtain the license herein prescribed, on account of such 
sales. The selling or offering for sale within said city of any malt 
liquor in quantities as aforesaid by a grocer or bottler shall be held 
to be covered by this ordinance, and no grocer or bottler shall sell 
or offer for sale in said city any malt liquor in quantities as aforesaid 
without obtaining a license so to do under this article; Provided, 
however, the sale and manufacture of weiss beer is exempted under 
the provisions of this article. Selling or delivery wagons run by a 
grocer, bottler or other vendor in connection with any place of busi¬ 
ness where malt liquors shall be sold or offered or kept for sale in 
quantities as aforesaid shall be included in and covered by the license 
for such place of business, and wagons run by a vendor without a 
fixed place of business shall be covered by a license specifically there¬ 
for. 

1195. Application—bond.] Any person, firm or corporation 
desiring to engage in the business of selling malt liquor, as aforesaid, 
shall file with the city clerk or city collector an application, containing 
the full name of the applicant, the business carried on or proposed to 
be carried on by the applicant, the location of the place of business for 
which a license is desired, and the number of selling or delivery 
wagons run in connection therewith; and the applicant shall also file 
with the application a bond in the penal sum of five hundred dollars, 
with two good and sufficient sureties, to be approved by the city 
clerk or city collector, and conditioned for compliance with the pro¬ 
visions of this article; upon the filing of said application and bond, and 
the payment of the license fee hereinafter prescribed, any such appli¬ 
cant shall be entitled to a license, signed by the mayor and attested by 
the city clerk, to carry on within the city of Chicago the business of 
wholesale malt liquor dealer, until and including the thirtieth day of 
April next following its issuance. 

1196. Fees.] There shall be paid in advance to the city collector 
for each and every license hereunder the sum of fifty dollars per 
annum, and the further sum of twenty-five dollars per annum for each 
wagon or other vehicle, above one, employed or proposed to be em¬ 
ployed in peddling or delivering any malt liquor under this article, the 
use of one such wagon or other vehicle being hereby permitted to 
each licensee without any extra fee per wagon; Provided, that if ap¬ 
plication be made after the first day of May in any year, the sum 
required to be paid shall bear the same ratio to the sum required for 
the full year that the number of months remaining (inclusive of the 


LIQUOR. 


259 


month in which application is made) bears to the whole number of 
months in the year. 

1197. Bottling liquors.] The bottling of malt liquors shall not 
be conducted except in the midst of clean and wholesome surround¬ 
ings, and in all cases the building or apartment in which such bottling 
is conducted shall have a floor of cement or stone, or other suitable 
material impervious to moisture, and the same shall be kept at all 
times carefully cleansed. 

1198. Power of entry—sanitary condition.] Any special 
officer detailed, directed or instructed by the commissioner of health 
to act as inspector shall have the right and it shall be his duty to enter 
and have full access to all places where such bottling of malt liquors is 
carried on, and he shall inspect, view and examine the premises, and 
all bottles and other receptacles therein with reference to their cleanli¬ 
ness and sanitary condition, and he is authorized, directed and em¬ 
powered to remove or cause to be removed and abated any unfit, un¬ 
clean or injurious conditions attending the bottling or keeping of such 
malt liquors. Any person, firm or corporation failing, neglecting, de¬ 
laying or refusing to obey or conform to any reasonable order or direc¬ 
tion made by the proper officer under this section, shall be deemed 
guilty of a violation of this article, for each case and each day of such 
failure, neglect, delay or refusal. 

1199. Notice of change of location.] If after the issuance 
and delivery of a license hereunder any change be made in the location 
of the place of business covered thereby, notice thereof shall forthwith 
be given to the city collector. 

1200. Vehicles marked.] No malt liquors shall be sold or de¬ 
livered from any wagon or other vehicle, unless there shall be painted 
on both sides of such vehicle, in a conspicuous place and in legible 
letters not less than five inches in height, the name of the vendor, 
the number of the license held by such vendor, and the location by 
street and number of the place of business, if any, covered by such 
license. 

1201. Penalty.] Any person, firm or corporation who shall violate 
any of the provisions of this article shall be subject to a penalty of not 
less than twenty-five dollars nor more than one hundred dollars for 
each offense, and a separate offense shall be regarded as committed 
for each day during which such person, firm or corporation shall con¬ 
tinue any such violation. 


ARTICLE IV. 

WHOLESALE SPIRITUOUS LIQUOR DEALERS. 

1202. License.] No person, firm or corporation shallsell or offer 
for sale any spirituous liquors in quantities of one gallon or more at 
a time, within the city of Chicago, without first having obtained, as 
hereinafter provided, a license so to do, for each place of business 


260 


GENERAL ORDINANCES. 


where spirituous liquors are so sold or offered for sale. But no dis¬ 
tiller, who has taken out a license as such, and who sells only distilled 
spirits of his own production at the place of manufacture, shall be 
required to pay the license herein prescribed, on account of such sales. 

1203. Application—bond.J Any person, firm or corporation de¬ 
siring to engage in the business of selling spirituous liquors, as afore¬ 
said, shall file with the city clerk or city collector an application con¬ 
taining the full name, and the location of the place of business for 
which a license is desired, and shall file with such application, in the 
office of the city clerk or city collector, a bond in the penal sum of 
five hundred dollars, with two good and sufficient sureties, to be ap¬ 
proved by the city clerk or city collector, and conditioned for com¬ 
pliance with the provisions of this article, and all such bonds shall 
be filed with the city clerk after approval. 

1204. Fee.] Upon compliance with the foregoing section, and 
payment to the city collector of an annual license fee of one hundred 
dollars, or, if application be made after the first day of May of any year, 
then upon payment of a sum bearing the same ratio to the sum re¬ 
quired for the whole year as the remaining number of months of the 
term for which the license is granted (inclusive of the month in which 
application is made) bears to the whole number of months in the year, 
any such applicant shall be entitled to a license signed by the mayor 
and attested by the city clerk, to sell and offer for sale within the city 
of Chicago, spirituous liquors in quantities of one gallon or more at 
a time, at the place of business specified in the application and not 
elsewhere; and such license shall be limited to expire on the thirtieth 
day of April next following its issuance. 

1205. Notice of change of location.] If after issuance and de¬ 
livery of a license hereunder any change be made in the location of the 
place of business covered thereby, notice thereof shall forthwith be 
given the city clerk and city collector. 

1206. Vehicle marked.] No spirituousliquorsshallbesoldorde- 
livered from any wagon or other vehicle unless there shall be painted 
on both sides of such vehicle, in a conspicuous place, and in legible 
letters not less than five inches in height, the name of the vendor, the 
number of the license held by such vendor, and the location, by street 
and number, of the place of business covered by such license. 

1207. Penalty.] Any person, firm or corporation violating any 
of the provisions of this article shall be subject to a penalty of not less 
than fifty dollars, nor more than two hundred dollars, and a separate 
offense shall be regarded as committed for each day during which 
such person, firm or corporation shall continue any such violation. 

ARTICLE V. 

WHOLESALE VINOUS LIQUOR DEALERS. 

1208. License.] No person, firm or corporation shall sell, or offer 


LIQUOR. 


261 


for sale, any vinous liquors in quantities of one gallon or more at a 
time, within the city of Chicago, without first having obtained, as here¬ 
inafter provided, a license so to do for each place of business where 
vinous liquors are so sold or offered for sale. 

1209. Application—bond.] Any person, firm or corporation 
desiring to engage in the business of selling vinous liquors, as afore¬ 
said, shall file with the city clerk or city collector an application con¬ 
taining the full name, and the location of the place of business for 
which a license is desired, and shall file with such application, in the 
office of the city clerk or city collector, a bond in the penal sum of 
three hundred dollars, with two good and sufficient sureties, to be ap¬ 
proved by the city clerk or city collector, and conditioned for compli¬ 
ance with the provisions of this article, and all bonds shall be filed with 
the city clerk after approval. 

1210. Fee.] Upon compliance with the foregoing section, and 
payment to the city collector of an annual license fee of fifty dollars, or, 
if application be made after the first day of May of any year, then upon 
payment of a sum bearing the same ratio to the sum required for the 
whole year as the remaining number of months of the term for which 
the license is granted (inclusive of the month in which application is 
made) bears to the whole number of months in the year, any such 
applicant shall be entitled to a license signed by the mayor, and at¬ 
tested by the city clerk, to sell and offer for sale within the city of 
Chicago vinous liquors in quantities of one gallon or more at a time, 
at the place of business specified in the application and not elsewhere; 
and such license shall be limited to expire on the thirtieth day of April 
next following its issuance. 

1211. Notice of change of location.] If, after issuance and 
delivery of a license hereunder, any change be made in the location of 
the place of business covered thereby, notice thereof shall forthwith be 
given to the city clerk and city collector. 

1212. Vehicles marked.] No vinous liquors shall be sold or 
delivered from any wagon or other vehicle unless there shall be painted 
on both sides of such vehicle, in a conspicuous place, and in legible 
letters, not less than five inches in height, the name of the vendor, the 
number of the license held by such vendor, and the location, by street 
and number, of the place of business covered by such license. 

1213. Penalty.] Any person, firm orcorporation violating any of 
the provisions of this article shall be subject to a penalty of not less 
than fifty dollars nor more than two hundred dollars and a separate 
offense 'shall be regarded as committed for each day during which 
such person, firm or corporation shall continue any such violation. 


CHAPTER XL. 


LUMBER. 

1214. License.] No person, firm, or corporation shall engage 
in the business of keeping or maintaining a lumber yard or other place 
where lumber is sold from yard, place, car or vessel, without first hav¬ 
ing obtained a license therefor as hereinafter provided. 

1215. Application—contents—fee. ) Any person, firm or corpo¬ 
ration so desiring to carry on such business as aforesaid, shall file with 
the city collector an application in writing therefor, and upon payment 
to the city collector of an annual license fee of one hundred dollars, 
any such applicant shall be entitled to a license to carry on business as 
aforesaid. 

1216. Penalty.] Any person, firm or corporation violating the 
provisions of this chapter shall be subject to a penalty of not less than 
ten dollars nor more than one hundred dollars. 

Note: For storage of lumber see section 668. 


262 


CHAPTER XLI. 


MARKETS. 


ARTICLE I. 

RANDOLPH STREET MARKET. 

1217. Market established—hours.] From and after the passage 
of this ordinance the West Randolph street public market shall be 
conducted and regulated as follows: The roadway of West Randolph 
street from the west line of Desplaines street to the east line of Hal- 
sted street shall be set apart and used for market purposes, except the 
sp< ce of twenty feet nearest the curb-stone, as hereinafter designated, 
and except the space occupied by railway tracks, and the space of ten 
feet on each side of said tracks, on each and every day of the week 
except the Sabbath day, during the following hours, to wit: From 
November first to May first the market shall open at ten o’clock a. m. 
and close at two o’clock p. m., and from May first to November first 
the market shall open at four o’clock a. m., and close at ten o’clock 
a. m.; Provided, however, the said market shall not be occupied or used 
so as to obstruct public travel on said Randolph street. 

1218. Superintendent—appointment.] There is hereby created 
the office of superintendent of markets, who shall hold his office for 
two years and until his successor shall be appointed and qualified. 
And such superintendent shall be appointed by the mayor, by and with 
the advice and consent of the city council, on the second Monday in 
May, 1897 , or as soon thereafter as may be, and biennially thereafter. 
He shall be subject to removal by the mayor in the same way and 
manner as are other officers of the city appointed by him. The salary 
of said superintendent of markets shall be nine hundred and forty-five 
dollars per annum, payable in monthly installments of seventy-eight 
dollars and sixty-six cents. The salary shall be paid out of the fees 
collected by the said superintendent of markets, but in no case shall 
the salary of such superintendent exceed the fees collected by him. 

1219. Bond.] Said superintendent, before entering upon the 
duties of his office, shall execute a bond to the city of Chicago, in the 
penal sum of two thousand dollars, with such sureties as the city council 
shall approve, conditioned that he shall faithfully perform the duties 
of his office and account for and pay over all moneys and property 
received by him to the city of Chicago. 

1220. Record of moneys received.] The said superintendent 
shall keep in a book provided for that purpose a full, accurate and 

263 



264 


GENERAL ORDINANCES. 


true account of all moneys received by him as such superintendent, 
and the number of wagons occupying or using said market place, and 
shall file a complete transcript thereof, made under oath, with the 
city comptroller at the end of each and every month, and shall pay 
over monthly into the city treasury all moneys received and collected 
by him as such superintendent. 

1221! Duties—power of arrest.] It shall be lawful for the mar¬ 
ket superintendent, and it is hereby made his duty, to see that the ordi¬ 
nances regulating the sale of poultry, meat, fruit and vegetables, and 
also the ordinances regulating the market, be observed, and that all 
persons therein conduct themselves in a peaceable and orderly man¬ 
ner, and to arrest or cause to be arrested and taken before a police 
justice or other magistrate, every person who shall fail to observe 
or who shall violate the ordinances regulating the market, or who 
shall disobey the lawful directions of the market superintendent, or 
conduct himself in a disorderly manner in said market. 

1222. Character of produce.] Said market shall be open for 
the sale of all kinds of meat, poultry, vegetables and fruit, grain and 
every article of farm and garden produce, except hay, and no other 
article whatever. 

1223. Wagons—location.] No market wagon shall be per¬ 
mitted to occupy a place in said market in any other position or man¬ 
ner than the following: The front end of such wagon shall be placed 
upon the line designated as ten feet from the street car track; and every 
draft animal or all animals shall be detached from such wagon and re¬ 
moved from the market, and the shafts or pole of such wagon shall 
either be detached from the wagon or raised up and securely fastened, 
so as to offer no obstruction to traffic; and in no case shall any market 
wagon be placed upon said market at a distance of less than twenty 
feet from the curb wall nor within two feet of any street crossing. 

1224. Fees.] There shall be paid to the market superintend¬ 
ent, for occupying positions in said market each day or any part 
thereof, for each double wagon the sum of fifteen cents, and for each 
single wagon the sum of ten cents; no wagon shall be permitted to 
stand in said market place until the fee or price herein specified be first 
paid. 

1225. Producers only to sell—exception.] Peddlers’ and pur¬ 
chasers’ wagons shall be removed from the market as soon as those 
in charge of them have completed their purchases. 

Peddlers and purchasers shall not be allowed to remain and sell any 
goods or produce whatever on said market, at the place aforesaid, and 
no persons but producers shall be allowed to sell produce on said 
market; Provided, however, small producers may be allowed to pur¬ 
chase produce from other producers and shall be allowed to sell such 
produce on said market. 

1226. Unwholesome food.] No damaged or unwholesome 
meats, poultry or produce shall be brought into or offered for sale on 
said market. 


MARKETS. 


265 


1227. Cleanliness.] The market shall be kept clean and free 
from filth and dirt, and no person shall deposit or leave, or cause to be 
deposited or left, upon the street or market place, any decayed or de¬ 
caying matter or vegetables, or any remnants, or refuse, or debris, or 
any part of the contents of his or her wagon. 

1228. Snow-removal.] The said superintendent, under the 
direction and order of the superintendent of streets, shall keep the said 
market place as free from snow as is practicable, and the expense 
attending the same shall be paid out of the fund in the city treasury to 
the credit of said market, upon the order of the comptroller. 

1229. Penalty.] Any person violating or refusing to comply 
with any of the provisions of this article shall be fined not less than 
two nor more than fifty dollars for each and every offense. 


ARTICLE II. 

BUTCHERS. 

1230. License required.] No person shall sell, offer or expose for 
sale any fresh meat, excepting venison, poultry, fish or wild game, in 
any quantity in the city of Chicago, without having first obtained a li¬ 
cense as provided in this ordinance, under a penalty of ten dollars for 
each offense: Provided, that nothing herein shall prohibit any person 
from selling beef or other fresh meat by the quarter, or any greater 
quantity, at any time or place in the said city. 

1231. Mayor to grant.] The mayor shall from time to time 
grant licenses under his hand and the seal of said city, to exercise and 
carry on the business of butchers in such places as may be designated 
in such licenses, but not elsewhere. 

1232. Fee.] For every license so granted, the sum of fifteen dol¬ 
lars shall be paid to the city collector by the party to whom it is 
granted, and before issuing the same. 

1233. Health officer may inspect.] Every butcher or other per¬ 
son shall keep his cellar and stall neat and free from filth of all kinds 
under a penalty of five dollars; and members of the department of 
health shall at all times have free access thereto, under a penalty of five 
dollars, to be paid by the butcher or other person who shall refuse or 
prevent such access. 

1234. Refuse in streets.] No butcher or other person shall sweep 
or deposit any dirt or filth of any description in or upon the public 
passage way or ways in such market or cellars, or in or upon the 
market grounds or streets adjacent to said market. Any person vio¬ 
lating the provisions hereof shall, upon conviction, be subject to a fine 
of not more than fifty dollars. 

1235. Refuse, etc.—disposal.] Any person who shall kill or dress 
any animal in or near any market, or who shall throw or permit any 
brine, bones, filth, slops,' offal, water or other liquid or other sub- 


266 


GENERAL ORDINANCES. 


stances to be thrown out of the doors or windows, or around or near 
any market house, or any licensed stall, except in places which may be 
provided for the purpose, shall be subject to a fine of not less than five 
dollars nor exceeding twenty dollars. 

□1236. Butcher defined.] The word “ butcher,” in the sense used 
in this article, is hereby defined to mean a vendor of meats. 

1237. Prohibited parts of animals.] No person shall, between 
the first day of May and the first day of November in any year, bring 
into or place or suffer or permit to* be brought into or placed in any 
market or licensed stall, any untried fat, commonly called “gut fat,” 
nor at any time or season the heads, shanks or feet of any animal unless 
the same be skinned or properly cleaned, nor any green hides or skins 
of any kind except the hides of calves, under a penalty of five dollars 
for each offense. 

1238. Meats sold by weight.] All meats sold at the markets or 
licensed stalls, excepting shanks, offal, heads and plucks, poultry or 
wild game, shall be sold by weight and be weighed in a scale, by 
weights or a beam, properly sealed; and in case any fraud shall be 
committed in the weight of any meat, and in case any meat, ex¬ 
cepting as aforesaid, shall be sold without being weighed as herein 
directed, the person selling the same shall be fined the sum of five 
dollars for each offense. 


ARTICLE III. 

PRODUCE VENDORS. 

1239. License—exception.] No person shall sell, offer for sale, 
barter or exchange, any car load, lot, or any less quantity of fruit, 
vegetables or farm produce, butter, chees, eggs, game or poultry, 
from any railroad car, railroad freight depot, or warehouse within 
the city of Chicago without first obtaining an annual license to en¬ 
gage in such business, under a penalty of not less than twenty-five nor 
more than one hundred dollars for each offense; Provided, however, 
the provisions of this section shall not apply to any farmer, gardener, 
fruit or vine grower engaged in selling the produce of his farm, 
garden, orchard or vineyard, nor to any commission merchant having 
a store-house and established place of business in said city. 

1240. License fee.] Every person before engaging in the busi¬ 
ness or occupation mentioned in the preceding section shall pay to the 
city of Chicago an annual license fee of two hundred dollars in the 
manner provided by the ordinances of said city concerning licenses. 

ARTICLE IV. 

HAY. 

1241. Hay scales—city weighers.] No person, except a 
city weigher, duly appointed and qualified, shall erect or have any scale 


MARKETS. 


267 


or apparatus for weighing hay on any street, avenue or public place 
in the city of Chicago, under a penalty of not more than twenty-five 
dollars. 

1242. Weigher’s duty—fees.] It shall be the duty of the 
city weighers, severally, to provide themselves with proper scales, and 
well and truly to weigh any cart, wagon or sled load of hay when 
applied to by any person desiring the same, and to make such reduc¬ 
tion from the weight of such hay as to them may seem reasonable and 
just by reason of said hay being damp, wet or not well cured, and 
deliver to the person so applying a certificate thereof, for which the 
said weighers may demand and receive the sum of ten cents from the 
person having the same weighed, for the use of said city. 

1243. Sold at stands.] All hay which shall be offered for 
sale by the load in the city of Chicago shall stand on one of the hay 
stands designated by the city council, in such order and manner as 
the commissioner of public works shall direct, and no person shall 
offer for sale or sell any load of hay within the limits of the city of 
Chicago, without the same having first been weighed by a city weigher, 
and a certificate thereof in conformity herewith, given. 

1244. Offices of city weighers.] City weighers of hay 
shall have and keep their offices and scales at or near the following 
places, to wit: One on Market square near Archer avenue; one at or 
near No. 984 West Lake street; one at or near Nos. 219 and 221 North 
avenue; and one at or near 334 Milwaukee avenue; and at such other 
places as the city council shall designate from time to time hereafter. 

1245. Sold at markets.] No person shall sell or offer 
for sale by the load any hay within said city in any other place than 
upon a hay market established by the city council. 

1246. Weight marked on bale.] All hay sold or offered 
for sale by the bale shall first be weighed by some city weigher, and 
the amount of the weight of said bale or bales shall be stamped or 
marked, with the name of the person so selling the same, on such bale; 
and if the exact gross or net weight of every such bale of hay so sold 
or offered for sale shall not be legibly or distinctly marked or stamped 
thereon, the person so selling or offering the same for sale shall be 
deemed guilty of violating this article. 

1247. Exhibit certificate.] Previous to the sale of any load of 
hay, the seller shall exhibit to the proposed purchaser the weigher’s 
certificate mentioned in section 1242 , and upon the sale of each load the 
seller shall deliver to the purchaser the said certificate. 

1248. Re-weighing.] At the request of any purchaser, 
every load or bale of hay so offered for sale shall be re-weighed, and 
the expense of re-weighing shall be paid by the purchaser if the weight 
be found correct, but if found incorrect the expense of weighing such 
load or bale of hay shall be paid by the seller. 

1249. Penalties.] Any person who shall offend against or 
violate any of the provisions of this article, when no other or different 


268 


GENERAL ORDINANCES. 


penalty is provided, shall be fined on conviction in any sum not ex¬ 
ceeding one hundred dollars. 

HAY MARKET ESTABLISHED. 

1250. North avenue market.] North avenue, between the 
bridge and one hundred feet west of Clybourn avenue, is hereby des¬ 
ignated as a hay market or stand: Provided, that the south side of 
said street only shall be used as said market, leaving at least twenty 
feet open on the north side of the street for the passage of vehicles. 


CHAPTER XLII. 


MISDEMEANORS. 


THEATER HATS. 

1251. Wearing hats in theaters prohibited.] No person shall 
wear any hat or bonnet within any licensed theater in the city of Chi¬ 
cago, during the time of performance, or during the rendition of any 
program on the stage or platform; but every such hat or bonnet shall 
be removed from the head during the time of such program or per¬ 
formance: Provided, however, that the above inhibitions shall not be 
held to include skull-caps, lace coverings, or other small and closely 
fitting head dress which does not interfere with the view of the stage 
of persons in the rear of such wearer. 

1252. Unlawful to permit.] It shall be and is hereby made un¬ 
lawful for any person, firm or corporation owning or controlling any 
licensed theater, or for any manager thereof, to permit any person, 
during the progress of any performance, or during the rendition of any 
program on the stage or platform of such theater, to wear any hat or 
bonnet, contrary to the provisions of the preceding section. 

1253. Penalty against individual.] Any person who shall 
during the progress of any performance, or during the rendition of any 
program upon the stage or platform of any such theater, wear any hat 
or bonnet, contrary to the provisions of the first section of this chapter, 
shall be subject to a fine of not less than three dollars nor more than 
five dollars for every such offense. 

1254. Person violating ejected.] No person violating the fore¬ 
going provisions of this chapter shall be subject to arrest, or to be in 
any way interfered with or disturbed by any police officer during the 
progress of the performance, or during the rendition of any such pro¬ 
gram on the stage or platform, but such person may be removed and 
ejected by the proprietor or manager of such theater in case of per¬ 
sistent violation of said provisions; but it shall be and is hereby made 
the duty of the police officer who shall during the progress of any such 
performance witness any violation of the first section of this chapter, 
at the conclusion of such performance to place under arrest the person 
so offending, to be dealt with in the same manner as other persons 
found violating ordinances of the city of Chicago. 

1255. Method of avoiding arrest.] Any person having been 
arrested for any violation, or alleged violation, of the preceding sec¬ 
tions of this chapter may at his or her option have the privilege of 
depositing with the officer making such arrest the sum of three dollars 

269 



270 


GENERAL ORDINANCES. 


to secure the fine provided in this ordinance. Such officer shall give 
his receipt for such sum, which receipt shall state the number of his 
police star and shall be signed by him, and upon such deposit being 
made the persons arrested shall be immediately released from custody, 
and such officer shall, within twenty-four hours, deposit said sum with 
the clerk of the nearest police court and take his receipt therefor in 
duplicate, one of which duplicate receipts such officer shall at once 
forward to the city comptroller. 

1256. Deposit returned on acquittal.] The charge against 
such alleged offender shall be entered upon the books and records of 
the police court, in the same way as though said person had been 
brought in personally in charge of the officer, and a certain time, not 
less than three days thereafter, shall be designated for the trial of such 
alleged offense, and at the time designated for trial such alleged 
offender may appear and said complaint shall be heard in the usual 
way as though such offender had been brought in personally by the 
officer at the time of such arrest, and if such alleged offender is ac¬ 
quitted of said charge, the said three dollars shall be at once returned 
to him or her by the clerk of the police court. 

1257. Refusal to deposit.] Any person so arrested who shall 
not desire to or who shall neglect or refuse to make such deposit shall 
be taken to the police station, and said cause shall be proceeded with 
and be heard as in other cases of alleged violation of city ordinances. 

1258. Penalty against proprietor.] Any proprietor or man¬ 
ager of such licensed theater who shall violate the provisions of the 
second section of this chapter shall be subject to a penalty of not less 
than ten dollars nor more than twenty-five dollars for each offense. 

ANIMALS AND HORSES. 

1259. Speed regulated.] No person shall ride or drive any horse 
or horses or other animals in the city of Chicago with greater speed 
than at the rate of six miles an hour, under a penalty of not more than 
ten dollars for each offense, to be recovered from the owner or driver 
thereof, severally and respectively. 

1260. Intersections and corners.] No person, upon turning 
the corner of any street or crossing the intersection of any street in 
the city of Chicago, shall ride or drive any horse or horses or other 
animal with greater speed than at the rate of four miles an hour, under 
a penalty of not more than ten dollars for each offense. 

1261. Issuing from alley.] No person shall ride or drive any 
horse or horses or other animal in or through any alley in the city of 
Chicago, or at the time of issuing from or quitting such alley, with a 
greater rate of speed than a walk, under a penalty of not more than ten 
dollars for each offense. 

1262. Not permitted to go loose.] No horse shall be suf¬ 
fered or permitted to go loose or at large in any of the streets in the 
city of Chicago, under a penalty of not more than ten dollars for every 


MISDEMEANORS. 


271 


such offense, to be paid by the owner or person having the care, 
charge, or keeping thereof, severally and respectively. 

1263. Driving on sidewalk.] No person shall suffer or permit 
to go, or lead or ride or drive, any horse upon any sidewalk in the city 
of Chicago, under a penalty of not more than five dollars for each 
offense, to be paid by the owner or person having the care, charge or 
keeping thereof, severally and respectively. 

1264. Racing.] No personshall run or race any horse in any pub¬ 
lic street, road or avenue in the city of Chicago, nor shall consent to or 
suffer such racing, under a penalty of not more than ten dollars, to be 
recovered from the person or persons who shall so race, or suffer or 
permit such racing, and the owner, rider and the person having charge 
of any animal which shall so race and run, severally and respectively. 
This section shall be so construed as to prevent and punish the run¬ 
ning, racing or trotting of any horse or horses for any trial of speed, 
or for the purpose of passing any other horse or horses, whether the 
same be founded upon any stake, bet or otherwise. 

1265. Auction sale on street.] No person shall show or 
expose for sale at auction any horse or other animal in any street, alley 
or avenue in the city of Chicago, under a penalty of not more than five 
dollars for every such offense. 

1266. Sleigh—cutter—bells.] No person shall drive any 
horse before a sleigh, cutter or similar vehicle through any of the pub¬ 
lic streets or avenues of this city, unless there shall be a sufficient num¬ 
ber of bells attached to the harness of such horse and sleigh or sled, to 
warn persons of its approach, under a penalty of not more than ten 
dollars for each offense, to be paid by the driver, owner or person hav¬ 
ing the care, charge or keeping thereof, severally and respectively. 

1267. Speed on bridges.] No person shall lead, ride or drive 
any horse or horses or other animal, over or upon any of the bridges 
in the city of Chicago at any other pace than a walk, under a penalty 
of not more than five dollars for each offense. 

1268. Unfastened.] No person shall leave any horse, horses or 
other animal attached to any carriage, wagon, cart, sleigh, sled or 
other Vehicle in any part of the streets, avenues, alleys or lanes of this 
city, without securely fastening such horse, horses or other animal, 
under a penalty for each offense of not less than two dollars nor more 
than ten dollars. 


TUNNELS. 

1269. Speed through.] No person shall ride, lead or drive any 
horse or other animal, nor any vehicle of any sort, through any street 
tunnel in the city of Chicago, or either of its approaches, at a greater 
speed than four miles an hour. 

1270. Driving of animals through.] No person shall drive, or 
assist in driving, into or through any such tunnel or its approaches, any 
loose horse, horses or loose cattle, or any loose animals of any sort. 

1271. Vehicles— dimensions of load limited.] No personshall 


272 


GENERAL ORDINANCES. 


lead or drive into any such tunnel or into either of its approaches any 
cart or other vehicle loaded with loose hay or straw, or like bulky or 
combustible material, or any vehicle the dimensions of which includ¬ 
ing its load, shall exceed ten feet in height or eight feet in width. 

1272. Penalty.] Any person violating any provision of either 
of the three preceding sections of this chapter shall on conviction pay a 
fine of not less than five dollars nor exceeding twenty-five dollars for 
each offense. 


TREES. 

1273. Not to obstruct public lamps.] If any trees shall be 
suffered by the owner or occupant of the premises to grow in such a 
manner as to obstruct the reflection of the public lamps, it shall be the 
duty of the commissioner of public works to notify the owner or occu¬ 
pant of the premises forthwith to trim the same in the manner to be 
specified in the notice. If any person shall refuse or neglect to comply 
with such notice, it shall be the duty of the said commissioner to cause 
such trees to be trimmed, and the person so refusing or neglecting 
shall be subject to a fine of one dollar for each tree he was so notified 
and refused or neglected to trim. 

1274. Injuring or destroying.] No person, otherthan the owner 
of the abutting property, shall cut down, destroy, break or in any way 
injure any tree or shrub standing in any street or public place, except 
by permission of the city council or the commissioner of public works, 
under a penalty of not less than five dollars nor more than twenty dol¬ 
lars for each offense. 

1275. Height of lower limbs.] All trees kept, maintained or 
cultivated in any of the streets or public places of the city shall have 
the boughs or branches cut or trimmed close to the trunk of the tree, 
at least ten feet above the ground; and it shall not be lawful to keep, 
maintain or cultivate trees in any of the streets or other public places 
in the city excepting in the manner provided in this section, under a 
penalty of one dollar for each offense. 

MINORS. 

1276. Purchasing liquor.] Any person being a minor, 
who shall be intoxicated, or in the habit of getting intoxicated, or 
who shall purchase or offer to purchase, or in any manner obtain for 
his or her personal use, any intoxicating liquor in any licensed saloon 
or grocery, shall, upon conviction, be fined in a sum not exceeding 
twenty-five dollars for the first offense, and in a sum not more than 
one hundred dollars for every subsequent offense. 

1277. Gambling in saloons.] Any person being a minor, who 
shall play with dice, dominoes, cards, balls, or other articles used in 
gaming, in any saloon, grocery, room or place where intoxicating 
liquors are sold, shall, upon conviction, be subjected to a fine of not 
more than one hundred dollars for each offense. 


MISDEMEANORS. 


273 


1278. False representations.] Any person being a minor, who 
shall obtain from the proprietor of any saloon or grocery, or from 
his or her agent or servant, any intoxicating liquors under the false 
pretense of being then of age, shall, upon conviction, be fined for each 
offense in a sum of not more than fifty dollars. 

1279. “Flipping” ears.] No minor under the age of eighteen 
years shall climb, jump upon, or cling to, or in any way attach him¬ 
self or herself to any horse, cable, electric or other street car of any 
kind while the same is in motion, under a penalty of not less than five 
dollars nor more than ten dollars for each offense. 

1280. Materials impregnated with liquor.] Any person 
or persons who shall sell or deliver to or procure for any minor below 
sixteen years of age, any cigarettes, whisky, drops or candy or other 
material saturated with or enclosing any spirituous, vinous or fer¬ 
mented liquor, shall be fined not less than twenty dollars nor more 
than one hundred dollars for each and every offense. 

BARBED WIRE FENCE. 

1281. Prohibited.] No fence or barrier consisting or made of 
what is called “barbed wire,” or of which barbed wire is a part, shall be 
built, constructed or used within the city of Chicago, along the line 
of or in or upon or along any street, alley or public walk or drive; or 
through, along or around, any public park; or in and about or along 
any land or lots or parks owned or controlled by the city of Chicago. 

1282. Removal.] Wherever in the city of Chicago, in, along or 
through any public street, alley or park, barbed wire is now in use in 
part or in whole for a fence or barrier, the same shall be removed; and 
any party or parties owning, controlling or building the same shall, 
upon written notice from the department of public works, remove such 
barbed wire within thirty days from the service of such notice upon 
the party or parties so owning building or controlling such barbed wire 
fence or barrier, and upon failure of such party or parties to comply 
with, said notice, such party or parties shall be subject to a fine as 
provided in the following section. 

1283. Penalty.] Any person or persons violating any of the 
provisions of the two foregoing sections shall be liable to a fine of not 
less than ten nor more than twenty-five dollars. 

SPIKES IN RAILINGS AND FENCES. 

1284. No person being the owner, lessee or agent of any building 
in this city, shall erect or maintain or permit to be erected or main¬ 
tained on or about the stairway in or the entrance to such building, 
or on or about its exterior building line, or upon any portion of the 
sidewalk adjacent to such building, any railing, fence, guard or pro¬ 
tection of any kind, upon which said railing, fence, guard or other 
protection there shall be affixed or placed or in any manner attached 

18 


y 


274 


GENERAL ORDINANCES. 


any spike, nail or other pointed instrument of any kind or descrip¬ 
tion, under a penalty of not less than twenty-five nor more 
than fifty dollars for each offense; and each and every day any such 
person shall fail or neglect to remove from such railing, fence or 
other protection, any such spike, nail or other pointed instrument, after 
notice in writing from the commissioner of buildings so to do, shall 
constitute a new, separate and distinct offense. 

CRUELTY TO ANIMALS. 

1285. Whoever shall be guilty of cruelty to any animal in any of 
the ways mentioned in this section shall be lined not less than three 
dollars nor more than one hundred dollars for each offense, viz.: 

1. By overloading, overdriving, overworking, cruelly beating, tor¬ 
turing, tormenting, mutilating, or cruelly killing any animal, or caus¬ 
ing or knowingly allowing the same to be done. 

2 . By cruelly working any old, maimed, infirm, sick or disabled 
animal, or causing or knowingly allowing the same to be done. 

3 . By unnecessarily failing to provide any animal in his charge or 
custody, as owner or otherwise, with proper food, drink and shelter. 

4 . By abandoning any old, maimed, infirm, sick or disabled animal. 

5 . By carrying or driving, or causing to be carried or driven or 
kept, any animal in an unnecessarily cruel manner. 

6 . By carrying, or causing to be carried, any animal bound or tied 
by its legs, or bound down by the neck, so that it cannot freely stand 
in an upright position while being transported. 

ITINERANT MUSICIANS—BEATING DRUMS—BLOWING HORNS. 

1286. No person shall, without a permit in writing- from the mayor, 
beat any drum or other instrument, or blow any horn or other instru¬ 
ment for the purpose of attracting the attention of pedestrians in any 
street in the city of Chicago to any circus, menagerie or show or other 
thing in said city, tending to the collection of persons on the streets 
and sidewalks, to the obstruction of the same, under a penalty of not 
less than ten nor more than twenty-five dollars for each offense; nor 
shall any person use or perform with any hand organ or other musical 
or other instrument for pay or in expectation of payment, in any of the 
streets or public places in the city of Chicago, before nine o’clock a. m. 
or after nine o’clock p. m. of each day, under a penalty of not less than 
ten nor more than twenty-five dollars for each offense. The provisions 
of this section shall apply only to itinerant musicians and circuses, 
menageries and side shows, and shall not be construed so as to affect 
any band of music or organized musical society engaged in serenading, 
or any civic or military parade. 

DISORDERLY CONDUCT. 

1287. Any person who shall make, aid, countenance or assist in 


MISDEMEANORS. 


275 


making any improper noise, riot, disturbance, breach of the peace, or 
diversion tending to a breach of the peace, within the limits of the city 
of Chicago, and all persons who shall collect in bodies of crowds for 
unlawful purposes or for any purpose to the annoyance or disturb¬ 
ance of citizens or travelers shall be severally subject to a fine of not 
less than one dollar, nor exceeding one hundred dollars. 

HOUSES OF ILL-FAME OR ASSIGNATION. 

1288. No person shall keep or maintain a house of ill-fame or 
assignation, or place for the practice of prostitution or lewdness, 
under a penalty of not to exceed two hundred dollars for every twenty- 
four hours such house or place shall be kept or maintained for such 
purpose. 

1289. No person shall patronize, frequent or be an inmate of 
any house of ill-fame or assignation, or place for the practice of 
prostitution or lewdness under a penalty of not exceeding two hundred 
dollars. 

1290. Every house of ill-fame or house of assignation where 
men and women resort for the purpose of prostitution is hereby 
declared to be a nuisance. 

1291. Every person found in any house of ill-fame or assigna¬ 
tion shall be considered an inmate within the meaning of section 1289 
of this article. 


NIGHT WALKERS. 

1292. All prostitutes, solicitors to prostitution, and all persons of 
evil fame or report, plying their vocations upon the streets, alleys or 
public places in the city of Chicago, are hereby declared to be com¬ 
mon nuisances and shall be fined not to exceed one hundred dollars. 

ILL-GOVERNED OR DISORDERLY HOUSES. 

1293. Every common, ill-governed or disorderly house, room or 
other premises, kept for the encouragement of idleness, gaming, drink¬ 
ing, fornication or other misbehavior is hereby declared to be a public 
nuisance, and the keeper and all persons connected with the main¬ 
tenance thereof, and all persons patronizing or frequenting the same 
shall, upon conviction, be fined not exceeding two hundred dollars. 

IMPURE LITERATURE RELATING TO DISEASES. 

1294. No person or persons shall sell or offer to sell, give away 
or offer to give away, distribute or have in his or her possession with 
intent to give away, sell or distribute in or upon any street or side¬ 
walk, or park or public property of the city of Chicago, any book, 
pamphlet, circular, handbill, advertisement or notice of any kind pur¬ 
porting to treat of or treating of diseases known as “venereal dis- 


276 


GENERAL ORDINANCES. 


eases,” describing or explaining or purporting to describe or explain 
the genital organs, giving or purporting to give the nature and 
remedies of diseases peculiar to females, uterine diseases, or the nature 
or causes of nervous debility, impotency, sterility or barrenness, gon¬ 
orrhea, gleet, stricture, syphilis, affection of the prostate gland or 
the remedies therefor, or the cause or remedies for abortion or mis¬ 
carriage, or articles or means of preventing conception, under a pen¬ 
alty of not less than twenty dollars nor more than fifty dollars for 
each and every offense. 

1295. No person or persons shall sell or offer to sell, give away 
or offer to give away, distribute or have in his or her possession with 
intent to give away, sell or distribute in or upon any street, side¬ 
walk, park or public property in the city of Chicago, any book, pam¬ 
phlet, circular, handbill, advertisement or notice of any kind giving 
or purporting to give information from whom or where medicine 
or anything whatever may be obtained for the cure, prevention or 
treatment of uterine diseases, or diseases peculiar to females, ven¬ 
ereal disease, or diseases of the genital organs, or nervous debility, 
impotence, sterility, or barrenness, gonorrhea, gleet, stricture, syphilis, 
affection of the prostate gland, abortion or miscarriage, or articles or 
means of preventing conception. Nor shall any person post or cause 
to be posted on any advertising wagon, or on or in any place within 
the limits of the city of Chicago, where the same can be seen from 
the streets, alleys or other public places in the city, any advertisement 
giving any such information, under a penalty of not less than twenty 
dollars nor more than fifty dollars for each and every offense. 

INDECENT LITERATURE—IMMORAL EXHIBITIONS. 

1296. No person shall exhibit, sell or offer to sell or circulate or 
distribute any indecent or lewd book, picture or other thing whatever 
of an immoral or scandalous nature, or shall exhibit or perform any 
indecent, immoral or lewd play or other representation, under a pen¬ 
alty of not less than twenty dollars nor exceeding one hundred dollars. 

INDECENT EXPOSURE. 

1297. If any person shall appear in a public place in a state of 
nudity, or in a dress not belonging to his or her sex, or in an inde¬ 
cent or lewd dress, or shall make any indecent exposure of his or 
her person, or be guilty of any lewd or indecent act or behavior, 
he or she shall be subject to a fine of not less than twenty dollars nor 
exceeding one hundred dollars. 


INDECENT, LEWD AND FILTHY ACTS. 

1298. Any person who shall commit any indecent, lewd or filthy 
act in any place in the city, or shall utter any lewd or filthy words, 


MISDEMEANORS. 


277 


or use any threatening or abusive language in the hearing of other 
persons publicly, or shall make any obscene gesture to or about any 
other person publicly, shall be deemed a disorderly person, and upon 
conviction shall be fined not less than five dollars nor more than 
one hundred dollars. 

INDECENT EXHIBITIONS OF ANIMALS. 

1299. No person shall indecently exhibit any stud horse or bull, 
or let any such horse to any mare or mares, or any bull to any cow 
or cows within the limits of this city unless in some enclosed place 
out of public view, under a penalty of not less than five dollars nor 
more than one hundred dollars for each offense. 

POISONOUS MEDICINE OR DECOCTION. 

1300. No poisonous medicine, decoction or substance shall be 
held for sale or sold, except for lawful purposes and with proper 
motives, and by persons competent to give the proper directions and 
precautions as to the use of the same; nor shall any bottle, box, parcel 
or receptacle thereof be delivered to any person unless the same is 
marked “poison,” nor to any person who the party delivering the 
same has reason to think intends it for any illegal or improper use 
or purpose, under a penalty of not less than twenty-five nor more than 
one hundred dollars for each offense. 

FRAUDULENT PRESCRIPTIONS. 

1301. No doctor, druggist or other person shall make, sell, put 
up, prepare or administer any prescription, decoction or medicine 
under any deceptive or fraudulent name, direction or pretense, under 
a penalty of not less than one hundred nor more than two hundred 
dollars. 

ADVERTISING QUACK NOSTRUMS. 

1302. No person shall place or post, or cause to be placed or 
posted, in any street or other public place in the city of Chicago, any 
hand-bill or advertisement giving notice of any person having or 
professing to have skill in the treatment or curing of any disorder or 
disease, or giving notice of the sale or exposure for sale of any nostrum 
or medicine, under a penalty of not more than twenty-five dollars for 
each offense. 

OPIUM SMOKING OR INHALING ROOMS. 

1303. No person, within the corporate limits of the city, shall keep 
or maintain or become an inmate of, or in any way contribute to the 
support of any place, house or room for opium smoking, or where 
persons assemble for the purpose of inhaling opium, or inhaling the 
fumes thereof, under a penalty of not less than five dollars nor more 


278 


GENERAL ORDINANCES. 


than fifty dollars for each and every offense by the aforesaid inmates, 
and of not less than seventy-five nor more than one hundred dollars 
for the proprietor or keeper thereof, together with the confiscation of 
all the articles and paraphernalia used for the said purpose of smoking 
or inhaling opium, or the fumes thereof. 

burglar’s tools. 

1304. It shall be unlawful for any person to have in his posses¬ 
sion any nippers of the description known as burglar’s nippers, pick 
lock, skeleton key, key to be used with a bit or bits, jimmy, or other 
burglar’s instrument or tool of whatsoever kind or description, unless 
it be shown that such possession is innocent, or for a lawful purpose, 
under a penalty of not less than one hundred dollars nor more than 
two hundred dollars. 


LOUNGERS AND LOAFERS. 

1305. No person shall obstruct or encumber any street corner or 
other public place in the city by lounging in or about the same after 
being requested to move on by any police officer; any person violating 
the provisions of this section shall be subject to a penalty of not less 
than five dollars nor more than fifty dollars for each offense. 

VAGABONDS AND VAGRANTS. 

* 

1306. All persons who are idle and dissolute, and who go about 
begging; all persons who use any juggling or other unlawful games or 
plays; runaways; pilferers; confidence men; common drunkards; com¬ 
mon night-walkers; lewd, wanton and lascivious persons, in speech or 
behavior; common railers and brawlers; persons who are habitually 
neglectful of their employment or their calling, and do not lawfully 
provide for themselves, or for the support of their families; and all per¬ 
sons who are idle or dissolute and who neglect all lawful business, and 
who habitually misspend their time by frequenting houses of ill-fame, 
gaming houses or tippling shops; all persons lodging in or found in 
the night-time in out-houses, sheds, barns or unoccupied buildings or 
lodging in the open air, and not giving a good account of themselves; 
and all persons who are known to be thieves, burglars or pickpockets, 
either by their own confession or otherwise, or by having been con¬ 
victed of larceny, burglary, or other crime against the laws of the state, 
punishable by imprisonment in the state prison, or in a house of cor¬ 
rection of any city, and, having no lawful means of support, are habit¬ 
ually found prowling around any steamboat landing, railroad depot, 
banking institution, broker’s office, place of public amusement, auction 
room, store, shop or crowded thoroughfare, car or omnibus, or at any 
public gathering or assembly, or lounging about any court room, pri¬ 
vate dwelling houses or out-houses, or are found in any house of ill- 
fame, gambling house, or tippling shop, shall be deemed to be and they 


MISDEMEANORS. 


279 


are declared to be vagabonds, and upon conviction shall be fined not to 
exceed one hundred dollars. 

* 

CLAY HOLES AND EXCAVATIONS. 

1307. The owners of any real estate within the city of Chicago 
upon which are located or situated any clay holes, or other similar ex¬ 
cavations, are hereby required to cause such clay holes or excavations 
to be enclosed with tight wooden fences of not less than six feet in 
height. Any violation of this section shall subject the offender to a fine 
of not exceeding two hundred dollars for each offense. 

DEFACING PUBLIC BUILDINGS, ETC. 

1308. No person shall cut, injure, mark or deface any public build¬ 
ing belonging to the city, or any station house or engine house, or 
any tree, grass or shrub or walk in any square or public park, or any 
sewer, water pipe or hydrant laid or placed by the city, under a penalty 
of not less than five dollars nor more than fifty dollars for each offense. 

DEFACING SIGNS, FENCES, ETC. 

1309. No person shall wantonly mar, injure, deface or destroy any 
fence, guide post, sign board or awning in any street or public place in 
the city, under a penalty of not less than five dollars nor more than fifty 
dollars for each offense. 

CONSTRUCTION OF SCAFFOLDS. 

1310. All scaffolds erected in this city for use in the erection of 
stone, brick or other buildings shall be well and safely supported, and 
of sufficient width and properly secured so as to insure the safety of 
persons working thereon or passing under or by the same, to prevent 
the falling thereof or of any materials that may be used, placed or 
deposited thereon; any scaffold which may be otherwise erected shall 
be deemed a nuisance; and any person who shall erect or use or cause 
to be erected or used any scaffold contrary to the provisions hereof 
shall be subject to a fine of not less than five dollars and not exceeding 
one hundred dollars, and to a further penalty of ten dollars for every 
day the same shall remain after notice to remove. 

RULE OF THE ROAD. 

1311. In all cases of persons meeting each other in vehicles in any 
highway or thoroughfare, or upon or near any bridge, each person 
so meeting shall in all cases turn off and go to the right side. Who¬ 
ever shall violate this section shall be subject to a fine of not less than 
two dollars nor exceeding fifty dollars; Provided, this section shall 
not be construed to apply to any case unless some injury to persons or 


280 


GENERAL ORDINANCES. 


property shall occur by the drivers of the carriage or wagon refusing or 
failing to turn to the right, nor to any case where it is impracticable 
from the naure of the ground for the driver of the carriage or wagon 
to turn to the right. 

FLOWER POTS. 

1312. It shall not be lawful for any person to place or kefep on 
any window-sill, railing or balcony, top of porch or any other projec¬ 
tion from any house or other building in the city of Chicago, any 
earthen flower-pots, wooden box or other article or thing whatever for 
the cultivation or retention of flowers, shrubs, vines or any other article 
or thing whatever, unless every such flower-pot, box or other article is 
securely and firmly fastented or protected by iron railings, so fastened 
as to render it impossible for any such pot, box or other article to fall 
into the street, under a penalty of not more than ten dollars for every 
offense. 

BOARDING OR LEAVING CARS WHILE IN^MOTION. 

1313. No person shall get upon or off, or attempt to get upon or 
off any locomotive engine, tender, car or train of cars or any platform 
or step thereof, while the same or either of them are in motion, without 
first having obtained from the person or persons in charge thereof ex¬ 
press permission so to do. Any violation hereof shall be punished by 
a fine of not less than two dollars nor more than fifty dollars for each 
offense. 

BATHING IN CITY LIMITS. 

1314. No person shall swim or bathe in the waters of Lake Mich¬ 
igan adjacent to the city, or in any river, canal or slip within the city 
limits unless such person be clothed in a suitable bathing dress, under 
a penalty of not less than five dollars nor more than twenty dollars for 
each offense. 

DISTURBING ASSEMBLIES MET FOR WORSHIP. 

1315. Any person who shall disquiet or disturb any congrega¬ 
tion or assembly met for religious worship, by making a noise, or by 
rude and indecent behavior or profane discourse within their place 
of worship, or so near the same as to disturb the order and solemnity 
of the meeting, shall be fined not exceeding fifty dollars. 

KILLING BIRDS IN CITY LIMITS. 

1316. Every person who shall kill or wound, or attempt to kill or 
wound, by the use of fire-arms, bow and arrow, pelting with stones 
or otherwise, any bird, except English sparrows, within the city limits, 
or shoot an arrow or throw a stone or club, or other missile at any such 
bird within any private grounds or public parks, squares or gounds 
(such bird not being the property of the person so offending), or enter 


MISDEMEANORS. 


281 


upon any private enclosure or public ground belonging to the city 
for the purpose of doing any act prohibited in this section, shall 
be fined in a sum not less than five dollars nor more than ten dollars 
for each offense. 

DISTRIBUTION OF HANDBILLS. 

1317. No person or persons shall distribute, cast, throw or place 
in, upon or along any of the streets, alleys or public places of the 
city of Chicago, any handbills, pamphlets, circulars, books or adver¬ 
tisements for the purpose or with the intent of advertising or making 
known in a general or promiscuous manner, any business, occupation, 
profession, medical treatment, medicine, or anything whatsoever, under 
a penalty of not less than five dollars nor more than fifteen dollars 
for each and every offense. 

EXPOSING DEFORMED OR MUTILATED LIMBS. 

1318. Any person who is diseased, maimed, mutilated or in any way 
deformed, so as to be an unsightly or disgusting object, or an improper 
person to be allowed in or on the streets, highways, thoroughfares or 
public places in this city, shall not therein or thereon expose himself 
or herself to public view, under the penalty of one dollar for each 
offense. On the conviction of any person for a violation of this sec¬ 
tion, if it shall- seem proper and just, the fine provided for may be 
suspended, and such person detained at the police station, where he 
shall be well cared for, until he can be committed to the county poor 
house. 

EXHIBITING WILD ANIMALS. 

1319. No person shall permit any bear, or other noxious or dan¬ 
gerous animal to run at large, nor lead any such animal with a chain or 
rope or other appliance, whether such animal be muzzled or unmuz¬ 
zled, in any street, avenue, lane, highway or public place within the 
corporate limits of this city, under a penalty of not more than ten dol¬ 
lars for each offense. 

OBSTRUCTING GUTTERS, SEWERS OR PIPES. 

1320. No person shall stop or obstruct the passage of water in 
any street, gutter or public sewer, culvert, water pipe or hydrant laid 
or placed by the city, under a penalty of not less than five dollars nor 
more than fifty dollars for each offense. 

CASTING RINDS AND PEELS ON SIDEWALK. 

1321. No person shall throw, cast, lay or place on any sidewalk 
in the city of Chicago, the rind or peel of any orange, banana, apple 
or other fruit, under a penalty of not less than two dollars nor more 
than twentv dollars for each offense. 

j 


282 


GENERAL ORDINANCES. 


DANGEROUS MATERIALS IN STREETS. 

1322. No person shall throw, cast, place, drop or leave in or upon 
any street, alley, lane, public place or any unenclosed grounds in the 
city of Chicago, any stones, missiles, nails, tacks, ice, glass, iron or 
any other metallic substance, by which animals or the rubber tires of 
bicycles or other vehicles may be injured, under a penalty of not less 
than five dollars nor more than twenty-five dollars for each offense. 

REMOVING SOD OR EARTH FROM STREETS. 

1323. No person shall dig, cut or remove any sod or earth from 
any street or other public place within the city without a permit from 
the commissioner of public works, or from any premises not his own 
without the consent of the owner, under a penalty of not less than five 
dollars nor more than fifty dollars for each offense. 

GAMES AND PERFORMANCES IN STREETS. 

1324. No person shall engage in any game, sport, amusement, or 
exhibit any machine, or show, or any animal, or indulge in any acro¬ 
batic feats in the streets or upon the sidewalks; nor shall any person 
carry on any performance or do anything whatsoever in the streets 
or upon the sidewalks, which shall collect any crowd of persons so as 
to interfere with the passage of teams or vehicles, or persons passing 
along the streets and sidewalks; and any person who shall do any of 
these things shall be fined not less than three dollars nor more than 
twenty-five dollars for each and every offense. 

THROWING LIQUID IN STREETS. 

1325. No person shall throw or deposit any water or other liquid 
in any part of any street, alley, lane or public place, except in the side- 
gutter thereof, under a penalty of two dollars for every such offense. 

THROWING MISSILES. 

1326. No person shall throw or cast any stone or other missile in, 
from or to any street, public place or enclosed ground, under a penalty 
of not more than five dollars for each offense. 

CLEANSING GOODS IN STREETS. 

1327. No dyer or scourer, or any other person shall wash, rinse 
or cleanse or cause or procure to be washed, rinsed or cleansed any 
cloth, yarn or garment in any street in the city of Chicago, under a 
penalty of not more than ten dollars for each offense. 


MISDEMEANORS. 


283 


FLYING KITES IN STREET. 

1328. No person shall rise or fly or attempt to rise or fly any kite 
in any street or other public place in the city, under a penalty of five 
dollars for each offense. 


CHAPTER XLIII. 


OFFICERS. 

1329. Appointees of mayor—term.] All officers appointed by 
the mayor, with the approval of the city council, whose term of office 
is not otherwise expressly provided for by law, shall hold their respect¬ 
ive offices for the term of two years from the first Monday in May next 
succeeding the general election for mayor, and until their successors 
are appointed and qualified. 

1330. Official bonds—conditions.] The bonds of all officers 
shall be executed with two or more sureties, conditioned as provided 
in this article and section 4 of article VI. of “An Act to provide for the 
incorporation of cities and villages,” adopted by the city of Chicago, 
April 23 d, 1875 . 

1331. Sureties—justification.] Such sureties shall justify sepa¬ 
rately on the back of the bond that they are respectively worth the 
sums stated in their respective justifications over and above all debts 
and liabilities by them owing or incurred, or for which their property 
is liable or incumbered at the time of justification, and over and above 
all exemptions by law of their property from execution. The sums 
stated in such justifications on the bond of any officer shall in the ag¬ 
gregate amount to the penalty of such bond. 

1332. Sureties—oath.] In any and all cases where any officer 
of the city of Chicago shall be, by ordinance, required to take a bond, 
such officer shall examine the sureties on such bond touching their 
sufficiency, and require such examinations to be reduced to writing 
and signed and sworn to by such sureties. 

1333. Acknowledgment—approval.] The execution of such 
bond shall be acknowledged by the officer and his sureties before some 
person authorized to take the acknowledgment of deeds, and a certifi¬ 
cate of such acknowledgment made thereon; after the approval of the 
bond by the city council, the city clerk shall endorse thereon the date 
of its approval and file the same. 

1334. Salaries fixed annually.] The salaries or compensation 
of all officers, clerks and employes of the city, except aldermen, shall 
be determined and fixed by the city council in the annual appropriation 
bill or by ordinance. 

1335. Salaries payable monthly.] The salaries and pay of all 
officers and employes shall be monthly to each person entitled thereto, 
in the manner to be prescribed by the rules and regulations of the 
department of finance. 

1336. Fees established.] Any city officer upon whom the duty 

284 


OFFICERS. 


285 


devolves is hereby authorized to demand and receive as fees for the 
use of the city (except where provision is herein made to the contrary): 

For transferring each license, one dollar. 

For taking bond on such transfer, one dollar. 

For each deed for real estate issued by the city, two dollars. 

For the use of the corporate seal on any attestation, acknowledg¬ 
ment or other certificate, fifty cents. 

Administering oath and attesting the same, twenty-five cents. 

For certified copies of any record, each one hundred words, twenty- 
five cents. 

1337. Reports—special.) All officers of the city shall, in ad¬ 
dition to the reports by this ordinance required to be made by them, re¬ 
port to the mayor in writing, when required, the condition of their re¬ 
spective offices and of the business and all matters therein touching the 
interests of the city. 

1338. Delivery of property to successor.] Every person 
having been an officer of the city of Chicago shall within five days 
after notification and request deliver to his successor in office all prop¬ 
erty, books and effects of every description in his possession belonging 
to the city or appertaining to his said office, under a penalty of not less 
than fifty nor more than two hundred dollars. 

1339. Office hours.] The offices of the respective city of¬ 
ficers, except as hereinafter mentioned, shall be open every day except 
Sundays and such holidays as shall be observed by the general custom 
of the city, or by recommendation of public authority, from nine 
o’clock in the forenoon to five o’clock in the afternoon. The office of 
the mayor shall be open at such hours as he shall prescribe. The office 
of treasurer shall be open during banking hours of the city deposit 
banks. 

1340. Penalty.] Any officer violating any provision of this 
chapter shall be deemed guilty of misconduct in office and be liable to 
removal from office therefor. 


CHAPTER XLIV. 


OFFICIAL NEWSPAPER. 

1341. Annual contracts for publication.] The city comptroller 
shall annually on the first Monday of December advertise in such daily 
newspaper or newspapers published in the city of Chicago as he may 
select, inviting proposals for the following contracts: 

1. For the publication in an English newspaper, being published at 
least six times a week, of those matters and things required by law or 
any ordinance of the city to be published in a newspaper. 

2 . For the printing and furnishing of all forms and blanks which 
may be required by the several departments and officers of the city 
government. 

1342. Letting contracts—bids—how [made.] Such advertise¬ 
ment shall be published for ten consecutive days; and each contract 
shall be let to the lowest reliable and responsible bidder. Separate bids 
shall be made for each of said contracts; and all bids shall be sealed and 
directed to and deposited with the comptroller within twenty days after 
the date of the first publication of said advertisement. 

1343. Award of contract.] Said bids shall be opened, at the 
hour and place mentioned in said advertisement, by the comptroller in 
the presence of the mayor and the chairman of the committee on 
finance, who shall constitute a board for such purpose, and it shall then 
and there be ascertained and determined by the majority of said board 
who is, if any one, the lowest reliable and responsible bidder for each of 
said contracts. 

1344. Two or more making same bid.] If two or more per¬ 
sons make the same bid, which is the lowest bid, for either contract, 
and both or all are equally reliable and responsible persons in the opin¬ 
ion of a majority of said board, said comptroller shall re-advertise for 
proposals for such contract and such subsequent advertisement may be 
in the discretion of the comptroller for three instead of ten days as re¬ 
quired herein. If one of said persons making the same bid, which is the 
lowest bid, is in the opinion of a majority of said board reliable and re¬ 
sponsible, and the others are not, then such contract shall be awarded 
to such so adjudged reliable and responsible person. 

1345. Circulation considered—limitation.] In determining 
who is the lowest reliable and responsible bidder for the first mentioned 
contract, said board may take into consideration the circulation of the 
bidder’s newspaper within the limits of the city; Provided, however, no 
advertisement for any city printing whatsoever shall be given or let to 
any newspaper in the city of Chicago which in its columns has taught, 
or teaches, advocates or abets any measures, or any people, who have 

286 


OFFICIAL NEWSPAPER. 


287 


for their object the overthrow, by force or illegal means, of the laws of 
the government, the state, or the city. 

1346. Approval of bids—letting contract.] All bids received 
by the comptroller, and the action of said board thereon, shall be re¬ 
ported by said comptroller to the city council for its approval; and 
when approved by that body, the said several contracts shall be let by 
said comptroller to the person or persons to whom they were awarded 
by said board, for the period of one year and no longer. 

1347. Official journal—bond.] The newspaper to which the 
first named contract may be awarded and let shall be the official journal 
of the city, and shall forthwith furnish a bond with two sureties, to be 
approved by the comptroller, in the sum of five thousand dollars for 
the faithful performance of the said contract. 

1348. Matter to be printed—approval by comptroller—excep¬ 
tion—payment.) All matters to be printed in the official 
journal, except such as emanate from the city council, shall first be de¬ 
livered to the comptroller for his approval; and all payments for print¬ 
ing done by the official journal shall be made monthly. 

1349. Daily newspapers furnished and filed.] One copy of 
each daily newspaper published in the city of Chicago shall be fur¬ 
nished to the respective offices of the mayor and the city clerk, which 
said newspapers shall be placed regularly on file as part of the public 
archives of the city. 

1350. Comptroller to obtain copies of blanks, etc.] It shall 
be the duty of the comptroller to obtain from each of the city officers as 
far as practicable correct copies of all such blanks, forms and other 
matter to be printed, as may be required in the duties of their several 
offices; said copies shall be exposed in his office for examination and 
inspection by all persons who may desire to bid for said second con¬ 
tract during the time of the publication of said advertisement. 

1351. Bids for blanks—form of.] The bids for said second 
contract shall be for the price per ream and page at which each and 
every size of the blanks, forms and other printed matter required in 
said contract will be furnished and printed by the party bidding. 

1352. Contract for blanks—bond.] The person or persons 
to whom said last mentioned contract may be awarded and let shall 
forthwith furnish a good and sufficient bond, to be approved by the 
comptroller, in the sum of two thousand dollars, for the faithful per¬ 
formance of the contract. 


CHAPTER XLV. 


OILS. 

1353. Inspector—term of—salary—deputies—salaries.J There 

is hereby created the office of inspector of oils, who shall hold his 
office for the term of two years and until his successor shall be ap¬ 
pointed and qualified. He shall receive, as and for his salary and in 
full compensation for the discharge of all the duties of said office and 
in lieu of all fees and emoluments pertaining thereto, the sum of three 
hundred dollars per month. He may,, subject to the approval of the 
mayor, appoint not exceeding three deputies, for whom he shall be 
accountable, which deputies are hereby empowered to perform such 
duties as may be assigned to them by said inspector. The said depu¬ 
ties shall, respectively, receive a salary of one hundred and fifty dol¬ 
lars, eighty dollars and seventy-five dollars per month, in full compen¬ 
sation for all official services performed by them. The salaries of 
said inspector and said deputies shall be payable at the end of each 
month, in like manner as the salaries of other city officers. 

1354. Appointment.] Said inspector shall be appointed by the 
mayor, by and with the advice and consent of the city council, on the 
first Monday in May, 1897 , or as soon thereafter as may be, and 
biennially thereafter. 

1355. Qualification for office.] Said inspector shall be a person 
having thorough knowledge of mineral oils and neither he nor his 
deputies shall be, directly or indirectly, interested in manufacturing, 
vending or selling, either as principal or agent, any article mentioned 
in this chapter. 

1356. Bond.] Said inspector shall, before entering upon the duties 
of his office, execute a bond payable to the city of Chicago in the sum 
of ten thousand dollars, with such sureties as the city council shall 
approve, conditioned for the faithful discharge of the duties of his office. 

1357. Test, apparatus, how procured—brand.] Upon the 
application of any manufacturer, refiner or producer of or dealer in 
any coal oil, naphtha, gasoline, benzine, or other mineral oils or fluids, 
the product of petroleum, or of any officer or person to test any such 
articles, said inspector shall test the same with all reasonable dispatch 
by applying the fire test as indicated by John Tagliabue’s pyrometer or 
some other instrument or means equally accurate, which he shall pro¬ 
vide at his own expense. If the oils or fluids so tested will not ignite 
or explode at a temperature of less than one hundred and fifty de¬ 
grees Fahrenheit, the inspector shall mark plainly and intelligibly on 

each cask, barrel or package, “Approved, fire test being -but, 

if the said oils or fluids will ignite or explode at a temperature of less 

288 



OILS. 


289 


than one hundred and fifty degrees Fahrenheit, as aforesaid, then the 
inspector shall mark each cask, barrel or package, “Condemned for 
illuminating purposes, hre test being- 

1358. inspection iee—record of—receipt to payor, expenses.] 
He shall require from each person, tirm or corporation for whom he 
performs any official service payment in cash for such service at the 
rate of six cents for inspecting or examining and branding each pack¬ 
age, cask or barrel. He shall, in a book to be kept by him for that 
purpose, keep a full, true and minute account in detail of all the fees, 
charges and emoluments of his office, designating in corresponding col¬ 
umns the amount of all fees, charges and emoluments earned and all 
payments received on account thereof and showing the name of each 
person for whom services are performed or paying any fees or charges 
and the date and amount of each payment. He shall give to each per¬ 
son for whom any official service is performed a receipt, for the amount 
of the fees or charges for such service, and shall make an entry upon 
a stub, in a receipt book to be kept by him for that purpose, of all the 
material matters contained on each receipt. The necessary expenses 
of the office, other than the salaries of said inspector and his deputies 
and the cost and maintenance of the necessary instruments and appa¬ 
ratus, shall be paid by the city comptroller monthly, upon a statement 
verified by the affidavit of said inspector, showing in detail the actual 
amount thereof. 

1359. Payment over^ of fees received.] .. Said inspector of oils 
shall make to the comptroller, on or before the tenth day of each 
month, a report in writing, verified by his affidavit, showing in detail 
all the fees and charges collected by him by virtue of his office during 
the preceding month and, at the same time, shall pay in to the city 
treasury the full amount of all such fees and charges so collected by 
him. A failure by the said inspector of oils to make such report and 
pay over such fees and charges collected by him, within the time above 
limited, shall be considered as a resignation of such office and the 
mayor may, thereupon, declare the office vacant and appoint a suc¬ 
cessor. 

1360. Trading in oils unlawful.] No inspector or deputy in¬ 
spector, while in office, shall buy, sell, bargain or otherwise trade in 
any article which they are appointed to inspect; and for any violation 
of this chapter he or they shall be liable to the forfeiture of his or 
their bond. 

1361. Certificate of inspection—record.] The inspector shall, 
within twenty-four hours after the inspection of any oils, furnish a 
true and accurate account thereof to the party employing him and 
shall make an entry of all oils inspected, in an intelligible manner, in 
a book prepared for that purpose, which shall be open to inspection by 

all parties. 

STORAGE OF OILS. 

1362. Test—sale.] It shall be unlawful for any person, persons 

19 



290 GENERAL" ORDINANCES. 

tfife 

or corporation to store or keep for sale within the corporate limits of 
the city of Chicago, except in buildings constructed as provided 
in chapter seventeen, any crude petroleum, gasoline, naphtha, benzine, 
camphene, spirit gas, burning fluid or spirits of turpentine, exceeding 
a quantity of five barrels of fifty gallons each; and it shall be unlawful 
to keep for sale, or on storage, any refined carbon oil, kerosene or other 
products, for illuminating purposes, of coal, rock or earth oils, except¬ 
ing such refined oils as will stand a fire test of one hundred and fifty 
degrees Fahrenheit, according to the method and directions of John 
Tagliabue; and it shall not be lawful to' keep any quantity of said 
articles exceeding one barrel of fifty gallons in any part of a building, 
excepting a cellar, the floor of which shall be five feet below the grade 
of the adjacent streets; and no crude petroleum, gasoline, naphtha, ben¬ 
zine, carbon oil, camphene, spirit gas, burning fluid, or spirits of tur¬ 
pentine, shall be kept or stored in front of any building, or on any 
street, alley, wharf, lot or sidewalk for a longer time than is suffi¬ 
cient to receive in store or in delivering the same; Provided, such time 
shall not exceed six hours. 

1363. Permit.] Any person, persons or corporation having 
within the city a fireproof warehouse detached and clear of other 
buildings, and at least fifty feet distant therefrom, and exclusively used 
for the storage of such articles as are named in this chapter, and prop¬ 
erly ventilated for that purpose, having beneath its ground floor an 
open space or cellar three feet or more in depth below the surface of 
the adjacent ground, upon making application therefor, and upon pro¬ 
curing the written approval of the fire marshal, may obtain a permit 
to use said warehouse exclusively for said purpose, which permit may 
be issued by the commissioner of public works, with the consent of the 
mayor, and while the same remains in force said parties using said 
warehouse shall not be subject to the foregoing section of this chapter. 
The said commissioner may also grant permits, with the written ap¬ 
proval of the fire marshal, for the holding of crude petroleum to be 
used for fuel purposes only, under such restrictions as said commis¬ 
sioner may impose, and he shall determine the amount to be held in 
such tank or well. 

1364. Penalty.] Any person, persons or corporation who shall 
violate any of the provisions of this chapter, or who shall use or re-fill 
casks, barrels or packages having the inspector’s brands thereon, for 
the purpose of fraudulently evading the conditions of this chapter; or 
shall mark the inspector’s device, or any marks purporting to be 
marks of inspection, on any cask, barrel or package of any of the 
articles named in this chapter; or shall offer for sale within the city 
any of said oil that has not been examined by said inspector or his 
deputy; or shall keep or store within said city for more than twenty- 
four hours any of said oils which have not been inspected and branded 
by said inspector, or his deputy, shall be subject to a fine of not less 
than twenty-five dollars nor more than one hundred dollars for each 
offense. 


CHAPTER XLVI. 


ORDINANCES. 

1365. Two penalties—elective—one judgment.] In all cases 
where the same offense may be made punishable or shall be created 
by different clauses or sections of the ordinances of the city, the 
prosecuting officer may elect under which to proceed; but not more 
than one recovery shall be had against the same person for the same 
offense. 

1366. Minimum but no maximum fine—judgment may be $200.] 

Whenever in this or any ordinance hereafter passed, a minimum but 
no maximum fine or penalty is imposed, the court may in its discre¬ 
tion adjudge the offender or offenders to pay any sum of money ex¬ 
ceeding the minimum fine or penalty so fixed, not exceeding the sum 
of two hundred dollars. 

1367. Repeal of repealing ordinance—non revivor.] When any 
ordinance repealing a former ordinance, clause or provision shall be 
itself repealed, such repeal shall not be construed to revive such 
former ordinance, clause or provision, unless it shall be therein so ex¬ 
pressly provided. 

1368. Construction of words.] Whenever any words in any or¬ 
dinance importing the plural number shall be used in describing or 
referring to any matters, parties or persons, any single matter, party or 
person shall be deemed to be included although distributive words 
may not be used. And when any subject matter, party or person 
shall be referred to in any ordinance by words importing the singular 
number only, or the masculine gender, several matters, parties or 
persons, and females as well as males, and bodies corporate shall be 
deemed to be included: Provided, that these rules of construction 
shall not be applied to any ordinance which shall contain any express 
provision excluding such construction, or where the subject matter or 
context of such ordinance may be repugnant thereto. 

1369. Where no fine or penalty expressed.] Whenever in any or¬ 
dinance the doing of any act or the omission to do any act or duty 
is declared to be a breach thereof, and there shall be no fine or penalty 
declared for such breach, any person who shall be convicted of any 
such breach shall be adjudged to pay a fine of not less than three 
dollars nor more than one hundred dollars. 

1370. Revised ordinances—deposit and distribution.] All the 
printed books containing the revised ordinances shall be deposited 
with the city comptroller. He shall deliver one copy thereof to each 
officer of the city and to such other persons as the city council may 
direct. 


291 


292 


GENERAL ORDINANCES. 


1371. Revised ordinances—presentation of copies.] The mayor 

shall have power to extend to or reciprocate courtesies of other 
cities, by presenting to them a copy of the revised ordinances bound 
at the expense of the city in such manner as to him may seem 
suitable. 


CHAPTER XLVII. 


PARKS AND PUBLIC GROUNDS. 

1372. Superintendence.] It shall be the duty of the commis¬ 
sioner of public works to superintend all enclosed ‘public grounds 
and keep the fences thereof in repair, the walks in order and the trees 
properly trimmed, and improve the same according to plans approved 
by the city council. He shall likewise cause printed or written 
copies of prohibitions of this chapter to be posted in the said grounds 
or parks. 

1373. Entrance and egress.] No person shall enter or leave any 
of the public parks of the city of Chicago except by their gateways; 
no person shall climb or walk upon their walls or fences. 

1374. Animals prohibited.] Neither cattle, horses, goats, swine 
nor other animals, except as herein provided, shall be turned into any 
one of the said parks by any person. 

1375. Firearms—missiles.] All persons are forbidden to carry 
firearms or to throw stones or other missiles within any one of the 
public parks. All persons are forbidden to cut, break or in any way 
injure or deface the trees, shrubs, plants, turf, or any of the buildings, 
fences, bridges or other construction or property within or upon any 
of the said parks. 

1376. Peddling and hawking prohibited.] No person shall ex¬ 
pose any article or thing for sale upon any of said parks, except such 
person shall have a permit so to do from the commissioner of public 
works, nor shall any hawking or peddling be allowed therein. 

1377. Indecent words—fortune telling.] No threatening, abus¬ 
ive, insulting or indecent language shall be allowed in any part of either 
of the said parks whereby a breach of the peace may be occasioned; 
nor shall any person be allowed to tell fortunes or play at any game 
of chance at or with any table or instrument of gaming, nor to do 
therein any obscene or indecent act. 

1378. Evacuation.] In any case of emergency where life or prop¬ 
erty is endangered, all persons if required so to do by the superin¬ 
tendent or any of his assistants, shall remove from the portion of either 
of said parks specified by the superintendent or his assistants and re¬ 
main off the same until permission is given to return. 

1379. Entrances closed.] The commissioner of public works may 
direct that any of the entrances to the public parks be closed at any 
time. 

1380. Bathing—fishing.] No person shall bathe or fish in, or go 
or send or ride any animal in any of the waters of either of the said 
public parks, nor disturb any of the fish, water fowl or other birds 

293 


294 


GENERAL ORDINANCES. 


in any of said parks, or any deer, sheep or other animal belonging 
to and preserved therein, nor throw or place any article or thing in 
the waters within either of said parks. 

1381. Bill posting prohibited.] No person shall post or other¬ 
wise affix any bills, notice or other paper upon any structure or thing 
within either of said parks nor upon any of the gates or enclosures 
thereof. 

1382. Prohibited uses.] No person shall, without the consent of 
the commissioner of public works, play upon any musical instru¬ 
ment, nor shall any person take into or carry or display in the said 
public parks any flag, banner, target or transparency. No military or 
target company shall be permitted to parade, drill or perform therein 
any military or other evolutions or movements. Nor shall any fire 
engine, hook and ladder truck, hose cart or other machine on wheels 
commonly used for the extinguishing of fires be allowed on any part 
of said parks without the previous consent of the commissioner of 
public works. 

1383. Bonfires.] No person other than employes shall light, 
make or use any fire thereon. 

1384. Grass.] No person shall go upon the grass, lawn or turf 
of the parks except when and where the word “common” is posted, 
indicating that persons are at liberty at that time and place to go on 
the grass. 

1385. Power of police.] Any member of the city police shall 
have power to arrest any person who shall not desist from any viola¬ 
tion hereof when directed, and cause him to be committed for exam¬ 
ination. 

1386. Public squares.] The foregoingsection of this chapter, so 
far as applicable, shall apply to all the public squares of the city of 
Chicago. 

1387. Penalty.] Any person who shall violate any or either of 
the provisions of this or any section or clause or any provision of any 
section of this chapter, or who shall neglect or fail or refuse to comply 
with any or either of the requirements thereof, shall on convic¬ 
tion pay a fine of not less than five dollars nor more than one hundred 
dollars. 


CHAPTER XLVIII. 


PAWNBROKERS. 

1388. License required.] The mayor may from time to time 
grant licenses to such persons as shall produce to him satisfactory 
evidence of their good character to exercise or carry on the business 
of a pawnbroker, or of a loanbroker or keeper of a loan office; and 
no person shall exercise or carry on the business of a pawnbroker, 
loanbroker or keeper of a loan office without being duly licensed, un¬ 
der a penalty of one hundred dollars for each day he or she shall ex¬ 
ercise or carry on said business without such license. 

1389. Pawnbroker defined.] Every person or company en¬ 
gaged in the business of receiving property in pledge, or as security 
for money or other thing advanced to the pawner or pledger, shall 
be held and is hereby declared and defined to be a pawnbroker. 

1390. License fee.] Every person receiving such license shall 
pay therefor the sum of three hundred dollars for the use of the city. 

1391. Bond.] Every person so licensed shall at the time of re¬ 
ceiving such license enter with two sufficient sureties into a joint and 
several bond to the city of Chicago in the penalty of five hundred 
dollars, conditioned for the due observance of all such ordinances 
of the city council as may be passed or in force respecting pawn¬ 
brokers and loanbrokers or keepers of loan offices, at any time dur¬ 
ing the continuance of such license. 

1392. Record of loans and pledges.] Every pawnbroker 
and loanbroker or keeper of a loan office shall keep a book in which 
shall be fairly written in ink at the time of each loan an accurate ac¬ 
count and description in the English language of the goods, article 
or thing pawned or pledged, the amount of money loaned thereon, 
the time of pledging the same, the rate of interest to be paid on such 
loan, and the name and residence of the person pawning or pledging 
the said goods, article or thing. No entry made in such book shall 
be erased, obliterated or defaced. 

1393. Memorandum to pledger.] Every pawnbroker and loan- 
broker or keeper of a loan office shall at the time of each loan deliver 
to the person pawning or pledging any goods, article or thing, a mem¬ 
orandum or note signed by him or her containing the substance of the 
entry required to be made in his or her book by the last preceding 
section; and no charge shall be made or received by any pawnbroker 
or loanbroker or keeper of a loan office for any such entry, memo¬ 
randum or note. 

1394. Inspection of records.] The said book, as well as every 
article or other thing of value pawned or pledged, shall at all reason- 

295 


296 


GENERAL ORDINANCES. 


able times be open to the inspection of the mayor or any member of 
the police force. 

1395. Purchases prohibited.] No pawnbroker, loanbroker or 
keeper of a loan office shall under any pretence whatever purchase 
or buy any second-hand furniture, metals or clothes or any other arti¬ 
cle or thing whatever offered to him or her as a pawn or pledge. 

1396. Report to police.] It shall be the duty of every licensed 
person aforesaid to make out and deliver to the superintendent of 
police every day before the hour of twelve o’clock a. m., a legible and 
correct copy from the book required in section 1392 hereof, of all per¬ 
sonal property and other valuable things received on deposit or pur¬ 
chased during the preceding day, together with the time, meaning 
the hour when received or purchased, and a description of the person 
or persons by whom left in pledge or from whom the same were pur¬ 
chased. 

* 

1397. Redemption of pledge—when prohibited.] No per¬ 
sonal property received on deposit, purchase or pledge by any such 
licensed person shall be sold or permitted to be redeemed or removed 
from the place of business of such licensed person for the space of 
twenty-four hours after the copy and statement required to be deliv¬ 
ered to the superintendent shall have been delivered as required by the 
preceding section. 

1398. Hours of business.] No person licensed as aforesaid 
shall receive on deposit or pledge any personal property or other valu¬ 
able thing before the hour of six a. m., nor after the hour of eight 
p. m., during the months of January, February, March, April, Octo¬ 
ber, November and December of each year; nor before the hour of 
five a. m. nor after the hour of nine p. m., during the months of May, 
June, July, August and September of each year. 

1399. Pledge from minor prohibited.] No person licensed 
as aforesaid shall take or receive in pawn or pledge for money loaned, 
any property, bonds, notes, securities, article or other valuable thing 
from any minor, or the ownership of which is in or which is claimed 
by any minor, or which may be in the possession or under the control 
of any minor. 

1400. Licensee’s business limited.] No person licensed as 
aforesaid shall carry on any other business or vocation directly or in¬ 
directly in the same building, or in any building adjoining the place 
or building in which he or she may be licensed to carry on the busi¬ 
ness of pawnbroker, loanbroker or keeper of a loan office. 

1401. Employees under sixteen prohibited.] No person 
licensed as aforesaid shall employ any person under the age of sixteen 
years to take pledges in pawn. 

1402. Pledges from thief, etc., prohibited.] No person so 
licensed shall take any article in pawn from any person appearing to 
be intoxicated, nor from any person known to be a notorious thief, 
or to have been convicted of larceny or burglary. 


PAWNBROKERS. 


297 


1403. Revocation of license on police report.] It shall 
be the duty of the superintendent of police to report to the mayor any 
failure to comply with any provision of this article, and the mayor 
may revoke the license of such person. 

1404. Revocation of license on conviction of violation.] 
The mayor may forthwith revoke the license of any person who shall 
have been convicted before any police justice, or justice of the peace, 
of any violation of any provision of this chapter, whether the judg¬ 
ment of such justice shall have been appealed from or not. 

1405. Penalty.] Every pawnbroker, loanbroker or keeper of 
a loan office who shall violate or neglect or refuse to comply with any 
or either of the provisions of this chapter, when no other penalty is 
imposed, shall for every such offense be subject to a fine of not less 
than twenty-five dollars nor more than one hundred dollars. 


CHAPTER XLIX. 


•*? 


PEDDLERS. 

1406. Defined—license.] Every person who shall sell or offer 
for sale, barter or exchange, at retail, any farm produce, butter, milk, 
poultry, fish or other goods, wares, merchandise, traveling from place 
to place, in, along and upon the streets of this city, or who shall sell 
and deliver from any wagon or other vehicle, going from place to 
place, whether to regular customers or not, any goods, wares or mer¬ 
chandise, or who shall go about from place to place, selling and de¬ 
livering or soliciting orders for books, sewing machines, or other arti¬ 
cles or things, shall be deemed a peddler and shall, before engaging 
in said business, obtain a license as a peddler, as hereinafter provided. 
No person shall engage in the business of a peddler, as above specified 
and defined, without a license, under a penalty of not less than twenty 
dollars nor more than fifty dollars for each offense. 

1407. License — application — fee.] All applications for li¬ 
censes under this chapter shall specify the number of wagons or other 
vehicles intended to be employed by the applicant in carrying on his 
said business and, upon the granting of the license, every such ap¬ 
plicant shall pay to the city collector, as an annual license fee, the sum 
of twenty-five dollars. Every license shall authorize the employment 
of one wagon, or other vehicle, and no more; such number may be 
increased upon a further written application and the payment of twen¬ 
ty-five dollars for each and every additional vehicle so asked for. The 
said license fees may be paid in quarterly installments on the first days 
of May, August, November and February of each year. 

Pack-peddlers shall pay an annual license fee of ten dollars, payable 
in semi-annual installments of five dollars each, on the first days of 
May and November in each year. Upon the presentation of a receipt 
from the city collector showing the payment of the fees as hereinbe¬ 
fore provided the city clerk shall issue a license for the period desig¬ 
nated in said receipt. 

1408. Vehicle to be marked.] Any peddler upon taking out a 
license as such peddler shall obtain from the city clerk two painted 
metal plates eight inches long and four inches wide, and of a different 
color or design for each license year, on which shall be stamped the 
number corresponding to the license, and also the words “Chicago— 
Peddler,” together with the year for which the license is issued, which 
plates the said licensed peddler shall cause to be securely fastened 
on the outside of each side of the box of his wagon, cart or other 
vehicle so licensed, or in some other conspicuous place, so that the 
same can be easily seen. Every such wagon, cart or other vehicle shall 

298 


PEDDLERS. 


299 


also be marked in a conspicuous manner with the name and place of 
business of the owner or owners. 

Note:. See section 16 concerning free badges and plates. 

1409. Badge.] Any person having a peddler’s license shall con¬ 
spicuously wear a metal badge or shield one and three-fourths inches 
long, and one and one-eighth inches wide, and of a different design 
for each license year, on which shall appear the word “peddler,” and 
the number of the license; such badge to be obtained from the city 
clerk of the city of Chicago. 

1410. Sunday traffic.] No one having a peddler’s license shall 
offer for sale or sell, in the city of Chicago, any kind of fruit, goods, 
wares, merchandise or any article or thing whatever on Sunday, 
under a penalty of not less than twenty dollars nor more than fifty 
dollars for each offense. 

1411. Vehicle assistant.] There shall be allowed to each vehicle 
or wagon, licensed as aforesaid, but one helper or assistant to the 
driver of such wagon. 

1412. Fraud, misrepresentation, imposition.] Any licensed ped¬ 
dler who shall be guilty of any fraud, cheat, misrepresentation or im¬ 
position, or who shall neglect or refuse to comply with any of the 
provisions of this article shall be fined not less than twenty dollars 
nor more than fifty dollars, and, in addition thereto, the license issued 
to such person or persons may be immediately revoked by the 
mayor. 

1413. Country produce—other exceptions.] The provisions of 
this chapter shall not be construed to apply to any person or persons 
coming into the city from the country with any produce for the market, 
nor to any person selling vegetables, berries, or the produce of their 
own farms or premises, nor to women, nor to children under twelve 
years of age, nor to old, infirm and crippled persons, nor to the ped¬ 
dling of newspapers. 

1414. License without fee.] The mayor may, in his discretion, 
grant permits to peddle fruit, cakes, candy, nuts or other commodi¬ 
ties from a basket without any fee, subject, however, to all other pro¬ 
visions of this article: Provided, that a written application for said 
permit shall first be made, supported by the recommendation of two 
or more reputable persons. 


CHAPTER L. 


PLUMBERS AND PLUMBING. 


ARTICLE I. 

PLUMBERS. 

1415. License—to whom issued—fee.] Any person desiring to 
engage in or work at the business of plumbing in the city of Chicago, 
as a master plumber, shall first obtain a license so to do for each es¬ 
tablishment or place of business to be maintained by him, and shall 
pay for such license a fee as hereinafter provided to the city collector, 
who shall account for such fee as for other receipts which come into 
his hands. No such license shall be issued to any person who shall 
not have attained the age of twenty-one years, and shall not have an 
established place of business within the limits of said city, and who 
shall not have first passed an examination, as hereinafter provided, 
as to his responsibility and skill in the business of plumbing. Every 
such license shall expire on the thirtieth day of April next after its issu¬ 
ance. The fee to be paid for each such license issued during the month 
of May of any year, which shall be considered a license for a year, 
shall be thirty dollars, and the fee to be paid for each such license issued 
after the last day of May in any year shall be the number of twelfth 
parts of the said sum fixed for a yearly license equal to the number 
of months which will elapse between the date of the issuance of the 
license and the date of the expiration of the license. The month in 
which the license is to be issued shall be counted and included in the 
number of months to elapse. If any delay shall occur in issuing the 
license, whereby the applicant shall be entitled, as above provided, 
to a license for a smaller payment, the excess shall be refunded by 
the city collector through the city comptroller at the time when the 
license is issued. 

1416. Application for license — bond.] Every person de¬ 
siring such license shall file with the city clerk an application in writing, 
giving his full name, and the name of any firm of which he may be a 
member, and the name of each member of such firm, and the location 
of his place of business to be covered by the license applied for. Every 
such person shall, with such application, file with the city clerk a bond, 
signed by two or more sureties, to be approved by the city clerk, in 
the sum of three thousand dollars, conditioned that the applicant shall 
indemnify and save harmless the city of Chicago from all accidents and 
damages which may be caused by any negligence, unskillfulness or 

300 



PLUMBERS AND PLUMBING. 


301 


inadequacy in the execution or protection of any work he may do under 
and by virtue of his license, if issued, and that he will conform to all 
lawful requirements and regulations of the city pertaining to the busi¬ 
ness of plumbing in accordance with the ordinances of the city, and 
with the rules and regulations of the department of public works, and 
the department of health. The city clerk shall notify the commissioner 
of health of the filing of all such applications and bonds. 

1417. Appointment of examiners—examination, etc.] From 
time to time the commissioner of health shall formulate rules 
and regulations for the examination of applicants for the license 
herein prescribed, and shall designate an examiner, if practicable from 
said department, to examine such applicants, and shall designate the 
times and places for examinations. Said examiner shall in all cases be a 
practical and experienced plumber, and shall examine all such appli¬ 
cants, except as hereinafter stated, as to their practical knowledge of 
plumbing, house drainage and plumbing ventilation. Every applicant 
shown by such examination to be qualified for working as a master 
plumber shall be recommended by the commissioner of health to the 
mayor for a license, and upon payment of the license fee shall be 
entitled to receive a license, which shall thereupon be issued by 
the city clerk upon the direction of the mayor. An applicant who has 
been once examined and recommended for a license shall not be re¬ 
quired to submit to an examination for any new license in case he shall 
have been continuously engaged in business as a master plumber sub¬ 
sequent to such examination, but in such case the commissioner of 
health shall report and recommend such previously-examined applicant 
to the mayor and city clerk for a license, and such previously-examined 
applicant shall be entitled to a license in the same manner as if he had 
been examined specifically therefor. Any applicant not shown by ex¬ 
amination as herein provided to be qualified for working as a master 
plumber shall be so reported to the city clerk and to the city collector 
by the commissioner of health, and the city clerk and city collector 
shall thereupon return to such applicant the fee and bond filed with his 
application. Such unsuccessful applicant shall not be entitled to an¬ 
other examination until at least one year shall have elapsed after his 
rejection. 

1418. License—change of name or location.] Any change 
of the firm name or location of the business of the licensee must 
be promptly reported to the commissioner of health and the city clerk, 
and the license shall be posted in a conspicuous manner at the place of 
business of the licensee. 

1419. License to firm — license not transferable.] When 
two or more persons are co-partners, licenses shall issue in the name of 
the firm or co-partnership and no license shall be transferable. 

1420. Licensee liable for employes.] All licensed plumbers 
shall be held responsible for all acts of their agents or employes done by 
virtue of his or their said license. 

1421. Plumbing without license prohibited —penalty.] No 


/ 


I 


302 GENERAL ORDINANCES. 

person shall perform any plumbing- work without having first ob¬ 
tained the license herein provided for, under penalty of a fine upon 
conviction of not less than fifty dollars nor more than one hundred 
dollars for each and every offense. 

1422. Permit for repairs, etc.] No alteration or addition 
whatever, in or about any water meter, conduit, pipe, or water cock in 
connection with the water supply to any building or premises, shall be 
made or caused to be made by any plumber or any person whomsoever, 
without first obtaining a written permit so to do from the commis¬ 
sioner of public works. 

1423. Water meter to be tested.] No water meter shall be 
connected with the water supply pipes of any building or premises, until 
such meter shall be tested and approved by the commissioner of public 
works, and a special permit granted therefor. 

1424. Change in work—permit corrected.] Wherever any 
material change is to be made in the plumbing work, beyond that 
specified in the permit therefor, the plumber is hereby required to give 
previous notice to the commissioner of public works, presenting the 
original permit for correction and record. 

1425. Water shut off— permit to turn on—penalty.] Any 
plumber or othei person who shall turn on the supply of water to 
any building or premises from which the supply has been shut off by 
the commissioner of public works on account of non-payment of water 
rate or for any other cause, or shall cause the same to be done without 
having first obtained a written permit for so doing, shall be subject to 
a penalty of not less than ten dollars nor more than one hundred dol¬ 
lars for each offense. 

1426. Permits to be returned—report.] All permits issued 
for any work to be done under the authority of this chapter shall be re¬ 
turned to the commissioner of public works within twenty-four hours 
after the work shall be completed, and such permits shall contain a 
written statement of the facts and the time the water was turned on for 
use, which shall be sig'ned by such plumber. 

1427. Forfeiture of license.] Any plumber whose license 
shall be declared forfeited by the mayor for a violation of any provision 
of this chapter shall not again be entitled to do work under this chapter 
unless said declaration of forfeiture shall be revoked by the said mayor. 


ARTICLE II. 

PLUMBING. 

1428. Permit for use of water.] All applications for per¬ 
mits for the introduction or use of water shall be made in writing upon 
the printed forms furnished by the department of public works, the 
blanks to be specifically and properly filled in and signed by the owner 
or duly authorized agent of the owner, and no work whatever shall 


i 


PLUMBERS AND PLUMBING. 


303 


be done in the street, or outside a building, by any plumber or other 
person until after the issuance of such permit. This restriction shall 
not prevent licensed plumbers or other persons from rendering assist¬ 
ance in case of accident to service water pipes occurring at night, or 
at any time requiring immediate action: Provided, however, prompt 
report shall be made at the department of public works and a permit 
for the occasion secured. 

1429. Tapping street main.] No person except the tappers 
employed by the department of public works will be permitted under 
any circumstances to tap the street main, or insert stop-cocks or fer¬ 
rules therein; all service cocks or ferrules must be inserted at or near 
the top of the street main, and not in any case nearer than six inches 
from the bell of the pipe; the size of the cock to be inserted shall be 
that specified in the permit. 


1430. Excavations in street.] In making excavations in 
streets, alleys or highways for the laying of service pipes or making 
repairs or for any other purpose, the paving material and earth re¬ 
moved must be kept separate and deposited in a manner that will oc¬ 
casion the least inconvenience to the public, with provision for the 
passage of water along the gutter and a safe passage way for foot 
travel. 

1431. Lead pipe—weight.] No lead pipe shall be used in any 
work done under the authority of a license issued by the city of Chi¬ 
cago, except such as is known to the trade as “strong,’’ and must weigh 
as follows: 

Half-inch internal diameter. if pounds per lineal foot. 

Five-eighths in. internal diameter. ... 2 ^ 

Three-fourths in. “ . 3 

One inch “ “ .4 

One and one-fourth in. internal diam. 4f 
One and one-half in. “ “ 6 

One and three-fourths in. “ 

Two inches “ “ 8 

No pipe shall be used for the purpose of street service of a different 
material or size than herein specified except by special permit. 

1432. Service pipe—joints.] All service pipes leading from 
the street mains to the building line shall as far as practicable be laid 
in the ground to a depth of not less than five feet, and said pipe shall 
be laid in such manner and be of such surplus length as to prevent 
breakage or rupture by settlement, and all joints in said pipes must be 
of the kind termed “plumber or wiped joints.” The connections of 
pipe by the so-called “cup-joint” is prohibited. 

1433. Stop and waste cocks.] Every service pipe must be 
provided with a stop and waste cock for each consumer, easily accessi¬ 
ble, placed beyond damage by frost and so situated that the water can 
be conveniently shut off and drained from the pipes. 

1434 Stop-cock—location and cover.] Said stop-cocks un¬ 
less otherwise specially permitted shall be connected to service pipes 


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304 


GENERAL ORDINANCES. 


within the sidewalk at or near the curb line of the same, and be in¬ 
closed in and protected by a cast iron box with a cover having the 
letter “W” of suitable size cast thereon; said iron box must be of form 
and dimensions satisfactory to the commissioner of public works and 
must extend from service pipe to surface of sidewalk, and be of proper 
size to admit a stop key for operating the stop-cock. 

1435. Single tap for several buildings—cocks.] Whenever 
two or more distinct buildings or premises are to be supplied by 
means of branch or sub-service pipes supplied by a single tap in the 
street main, each branch must be independently arranged with stop¬ 
cock and box on the curb line in the manner above prescribed. All 
cocks used at the sidewalks by licensed plumbers shall be of the kind 
known as “round water way.” 

1436. Opening and repair of streets—permit.] Before fill¬ 
ing the trench the service cock in the street main must be covered 
with a suitable cast iron box furnished by the city, the earth must be 
well rammed under the main, to a level with the top thereof, from 
thence the trench must be filled in layers of not more than twelve 
inches in depth, and each layer thoroughly rammed or puddled to pre¬ 
vent settlement. This work together with the replacing of sidewalks, 
ballast and paving shall be done in all cases by the city. A sufficient 
amount must be deposited with the city before issuing the permit for 
opening the street to cover this expense. In all cases where the street 
to be opened has been recently paved with blocks, sufficient of the 
paving must be removed so that the foundation boards or planks (if 
any), can be taken up without cutting. No permit shall be granted 
for the opening of any paved street for the tapping of mains or laying 
of service pipes, when the ground is frozen to a depth of twelve inches 
or more, except when in the opinion of the commissioner of public 
works there is a sufficient emergency to justify it. 

1437. Steam boilers—supply tank.] Plumbers are prohib¬ 
ited from connecting pipes whereby steam boilers may be supplied 
with the water direct with city pressure. All such boilers shall be 
provided with a tank or other receptacle of sufficient capacity to hold 
at least six hours’ supply, in case of a pipe district being shut off to re¬ 
pair mains or make connections or extensions. In such cases the city 
of Chicago will not be responsible for a lack of water for steam boilers 
or for any other purpose. 

1438. Pipes and traps—exposure of.] In all buildings hereafter 
erected in the city of Chicago, and in all other buildings, already 
built or erected, wherein the plumbing shall be repaired or changed, 
the drain, soil and waste pipes and traps must be exposed to view 
for ready inspection at all times and for convenience in repairing. 
When neessarily placed within partitions or in recesses they must be 
covered with woodwork so fastened as to be readily removed. In 
no case shall they be inaccessible unless placed so in accordance with a 
written permit from the commissioner of health. 

1439. Sewer connections.] Where sewer connections are not 


PLUMBERS AND PLUMBING. 


305 


extended to the level of the floor line, foot connections of soil and 
waste pipes shall be made with one-quarter or one-eighth long iron 
bends and an iron sewer cap, such as is in general use, shall be used to 
finish the construction. When the sewer is extended to the floor line 
an iron sewer cap shall be used to complete the construction. 

1440. Soil and waste pipe.] Every vertical soil and waste pipe 
must be of iron, and it must extend above the roof at least twelve 
inches, and have a diameter of at least one inch greater than that of 
the pipe proper. But in no case shall it be less than four inches in diam¬ 
eter through and above the roof. The increaser must be placed at 
least one foot below the roof. No cap or cowl shall be affixed to the 
top of such ventilation pipe. 

1441. Soil, waste and vent pipes in extension.] Soil, waste and 
vent pipes in an extension must be carried above the roof of the main 
building when otherwise they would open within twenty feet of the 
windows, doors or ventilators of the main or adjoining buildings. 

1442. Prohibited pipes.] Horizontal soil, waste and vent pipes 
are prohibited. Where rows of fixtures are placed in line, angle 
fittings must be used on vent pipes to prevent the same filling with 
rust or condensation. Trapped vents are strictly prohibited. No 
ventilation pipe from the house side of any trap shall connect with 
any re-ventilation pipe, or with any sewer, soil or waste pipe. Branches 
on main vertical vent pipes, where there is more than one fixture, 
must be taken out above the top of highest fixture. 

1443. Waste or soil pipes—diameter.] Nosoilpipeless thanfour 
inches in diameter shall be used. A vertical waste pipe into which 
a line of kitchen sinks discharge must be at least three inches in di¬ 
ameter, if receiving the waste of five or more floors, and shall have 
two-inch branches. 


1444. Waste or soil pipes—traps.] There shall be no traps at 

the foot of soil or waste pipes. 

1445. Iron pipes—quality.] All iron pipes (cast) must be sound, 
free from holes or cracks, and of the grade known in commerce as 
extra heavy. The following weights per lineal foot will be accepted 
as complying with this ordinance: 

2 inches, 5-J pounds per lineal foot. 

3 inches, 9J pounds per lineal foot. 

4 inches, 13 pounds per lineal foot. 

5 inches, 17 pounds per lineal foot. 

6 inches, 20 pounds per lineal foot. 

7 inches, 27 pounds per lineal foot. 

8 inches, 33I pounds per lineal foot. 

10 inches, 45 pounds per lineal foot. 

12 inches, 54 pounds per lineal foot. 

1446. Iron pipe and fittings.] All fittings used in connection 
with such pipe shall correspond with it in weight and quality. Tar 
or asbestos coated pipes shall be used. 


20 



306 


GENERAL ORDINANCES. 


1447. Pipe joints, filling of.] All joints on (cast iron) soil, waste 
and drain pipes must be so filled with oakum and lead and hand calked 
as to make them air tight. 

1448. Lead pipe connections.] All connections of lead waste or 
vent pipes shall be made by means of wiped joints and brass solder 
nipples or combination ferrules. Wrought or cast iron nipples or 
ferrules shall not be used. 

1449. Trap protection.] All traps must be protected from 
siphonage by special vent pipe. The vertical air pipe for traps of 
water closets in buildings more than four stories in height must be 
at least three inches in diameter, with two-inch branch for each water 
closet trap. This rule shall apply to all other fixtures, except that 
branches may be the same size as the trap, and the pipe may be re¬ 
duced to two inches for the two lower stories. Vent pipes for water 
closets in residences must be two inches, with same size branches, 
and for other fixtures not less than one and one-half inches, with 
branches the same size as the trap. All re-vents may be connected 
with increaser just below roof. 

1450. Trap vent.] No trap vent shall be used as a waste or soil 
pipe. 

1451. Safes under fixtures.] All lead or other safes under fixtures 
shall be drained by special pipe and shall discharge into a sink or on 
the cellar floor; in no case shall the safe waste be connected with any 
waste, soil or drain pipe or sewer. The end of safe wastes shall be 
covered by flap-valves. 

1452. OverflowJIpipes.] Overflow pipes from fixtures must be 
in each case connected on the inlet side of the trap. 

1453. Refrigerator drain pipe.] The drain pipe from a refriger¬ 
ator shall not be directly connected with any soil or waste pipe, 
nor with the drain or sewer, nor discharge upon the ground; it must 
discharge into an open or water supplied sink. Such drain pipe must 
be so arranged as to admit of frequent flushing, and must be as short 
as possible and disconnected from the refrigerator. The outlet must 
be covered by means of a metal flap-valve. 

1454. Boiler sediment pipe.] The sediment pipe from a boiler 
must be connected on the inlet side of the sink trap. 

1455. Exhaust pipe.] No steam, exhaust, blow-off, or drip 
pipe shall connect with the sewer or with any house drain, soil or 
waste pipe. Such pipes shall be discharged into a tank or condenser, 
from which a suitable outlet to the house drain shall be provided. 

1456. Water closets.] Water closets shall not be placed in an 
unventilated room or compartment. In every case the room or com¬ 
partment must be open to the outer air or be ventilated by means of 
an air duct or shaft. Interior water closets shall not be supplied from 
the city supply pipes direct. All water closets within the house shall 
be supplied from special tanks or cisterns, the water of which is not 
used for any other purpose. A group of water closets may be supplied 


PLUMBERS AND PLUMBING. 


307 


from one tank, but water closets on different floors shall not be sup¬ 
plied from one tank. In tenement houses there shall be a separate 
cistern for each water closet, excepting that in a cellar or unfinished 
basement the cistern may be dispensed with. One water closet shall be 
provided for each two families. 

1457. Water closet overflow.] The overflow pipes from water 
closet cisterns may discharge into an open sink or where its discharge 
will attract attention and indicate that waste of water is occurring; but 
not directly into the soil, waste, drain, vent or sewer pipe. When the 
city pressure is not sufficient to supply these cisterns, adequate pumps 
must be provided. 

1458. Waste from fixtures.] In no case shall a waste from any 
fixture be connected with any water closet trap or re-vent connection 
for the same. 

1459. Water closets outside of building.] Where water closets 
are placed outside of buildings the chief inspector must be notified 
before work is started. Water closets, when placed in the yard, must 
be separately trapped and so arranged as to be conveniently and ade¬ 
quately flushed, and their water supply pipes and traps must be pro¬ 
tected from freezing. The compartment for such water closets must 
be ventilated by means of slatted openings in the doors and roof. 

1460. Closets, sinks, etc.—trapping.] Every water closet, 
urinal, sink, basin, bath-tub and every set of wash trays, tub, or set of 
tubs must be effectively and separately trapped. When floor washes 
are connected it must be by means of a deep seal trap. Traps on bath¬ 
tubs must be placed in such a manner that the clean-out will be in 
plain view and above the floor. 

1461. Traps—location of.] Traps must be placed as near the 
fixture as possible, and in no case shall a trap be more than two feet 
from said fixture. 

1462. Re-vent dispensed with, when.] Where a single water 
closet or other plumbing fixture is located in a building and has an 
independent soil or waste pipe of undiminished size, from ground (in 
building) to roof, the re-vent may be dispensed with: Provided, the 
trap of said fixture is located not more than five feet from the said soil 
or waste pipe, and that no other fixture on the floors above or below 
is connected or will be connected into any pipe from the said single 
fixture; Provided, further, that a non-siphoning trap, tested and ap¬ 
proved by the chief inspector, shall be used for such work. 

1463. Re-vent branched to soil pipe, when.] Where two or 
more plumbing fixtures having an independent soil or waste pipe of 
undiminished size from ground in building to roof, are located on one 
floor, the re-vent pipe from the said fixtures may be branched into the 
soil or waste pipe, three feet above the floor on which the fixtures are 
located; Provided, that no fixture or fixtures on the floors above or 
below are connected or will be connected into the soil, waste, vent or 
re-vent of the said fixtures; Provided, further, that no fixture re- 


308 


GENERAL ORDINANCES. 


vented under this rule shall be more than eight feet from the main soil 
or waste pipe. 

1464. Pipes—quality and location.] In all plumbing hereafter 
constructed, vent and re-vent pipes shall be cast iron or heavy seam¬ 
less wrought iron pipe, galvanized inside and out. Soil, waste, rain 
and other pipes located within the building, and connected or to be 
connected to sewer, drain or catch basin, shall be carried to a point not 
less than two feet outside of the building. Hand holes shall be placed 
at each change of direction. 

1465. Pan closet.] Pan closets will not be allowed in any build¬ 
ing. 

1466. Ventilators.] No brick, sheet metal, earthenware or chim¬ 
ney flue shall be used for a sewer ventilator, or to ventilate any trap, 
soil or waste pipe. 

1467. Cistern valves.] The valves of cisterns shall be so fitted 

and adjusted as to prevent waste of water. 

1468. Yards and areas, drains.] Yards and areas shall be prop¬ 
erly graded, cemented, flagged or well paved, and properly drained. 
When the area drains are connected to the house drain they must be 
effectively trapped and protected by means of back water valves. 

1469. Tanks for drinking water.] Tanks for drinking water, 
if indispensable, must not be lined with zinc or galvanized iron. They 
shall be constructed of wood or iron or may be lined with planished 
copper. The overflow pipes shall discharge upon the roof or be 
trapped and discharge into an open sink; but never into any soil, waste 
pipe, water closet trap, drain or sewer. Discharge pipes from such 
tanks shall not be so constructed as to discharge into any sewer, con¬ 
nected soil or waste pipe. 

1470. Rain water leaders.] J Rain water leaders shall not be 
used as soil, waste or vent pipes; nor shall any soil or vent pipe be 
used for a rain pipe. Where the leader opens near windows or light 
shaft it must be properly trapped far enough below the surface to pre¬ 
vent freezing. The joint between leader and roof shall be air-tight. 
Sheet metal or slip joints shall not be allowed inside of any building. 

1471. Wash trays—sinks.] Wooden wash trays and sinks shall 
not be permitted inside of any building; they shall be of non-absorbent 
material. 

1472. Catch basin.] No catch basin shall be allowed in any 

building. 

1473. Test of work — defects corrected.] When required by 
the commissioner of health all plumbing work must be tested by such 
test as the department of health decides upon and in the presence of the 
inspector. Defective pipes must be removed and all defective work 
mad; good and to conform to the provisions of this chapter, and no fur¬ 
ther permit .shall be issued to the person, firm or corporation in de¬ 
fault until this section shall have been fully complied with. 

1474. Special permit.] Special permits shall be issued by the 


n 


I 


PLUMBERS AND PLUMBING. 309 

chief inspector only. Where a special permit is used the location must 
be inspected before work is commenced. 

1475. Inspection notice.] The commissioner of health shall 
be notified in writing when work is ready for inspection. 

1476. Penalty — revocation of license.] Any person or 
persons or corporation who shall violate any of the provisions of this 
chapter shall, upon conviction, be subject to a fine of not exceeding 
two hundred dollars, nor less than twenty-five dollars, for each offense, 
and a further penalty of twenty-five dollars for each day such violation 
shall be allowed or suffered to continue. And after the first fine shall 
have been imposed upon any person or persons having a plumber’s 
•license from the city of Chicago for any violation of any of the pro¬ 
visions of this chapter, the mayor may revoke the license of any such 
person or persons. 


« 


I 


CHAPTER LI. 


POLICE. 


ARTICLE I. 

SUPERINTENDENT OF POLICE. 

1477. Department created.] There is hereby established an ex¬ 
ecutive department of the municipal government of the city of Chicago, 
which shall be known as the department of police, and shall embrace 
the superintendent of police, an assistant superintendent of police, a 
secretary of the department of police, a secretary to said superintend¬ 
ent, one inspector of police for each police division, one captain of 
police for each police district, and such number of lieutenants, . 
sergeants, detective sergeants, sergeants of detectives, desk sergeants, 
patrolmen, clerks, photographers, telegraphers, and veterinary sur¬ 
geons as has been, or may be, prescribed by ordinance. 

1478. Superintendent—term of office.] There is hereby 
created the office of superintendent of police, who shall be the 
head of said department of police, and shall hold his office for the 
term of two years, and until his successor shall be appointed and 
qualified. 

1479. Appointment.! Said superintendent of police shall be ap¬ 
pointed by the mayor, by and with the advice and consent of the city 
council, on the first Monday in May, 1897 , or as soon thereafter as 
may be, and biennially thereafter. 

1480. Bond.] He shall, before entering upon the duties of his 
office, execute a bond to the city of Chicago, in the sum of twenty-five 
thousand dollars, with such sureties as the city council shall approve, 
conditioned for the faithful performance of the duties of his office. 

1481. Management of department—appointment of members.] 
The superintendent shall have the management and control 
of all matters relating to the department, its officers and members; and 
with the consent of the mayor, he shall appoint all officers and members 
of said department; Provided, that all captains shall be appointed from 
members of the police serving as lieutenants, all lieutenants from mem¬ 
bers serving as sergeants, and all sergeants from members serving as 
patrolmen. 

1482. Removal and reduction of members.] Said superin¬ 
tendent shall have power to remove from the police force any police 
patrolman; and, with the concurrence of the mayor, he may remove, or 
reduce in rank any officer or member of said department. 

310 



POLICE. 


311 


1483. Custody of property.] Said superintendent shall have 
the custody, care and control of the public property, subject to the 
direction of the city comptroller, and of all fire arms and military equip¬ 
ments, books and records belonging to said department. 

1484. Duty to preserve peace, etc.] He shall devote his 
whole time to the municipal affairs of the city of Chicago, to preserve 
the peace, order, safety and cleanliness thereof, and to this end he shall 
execute and enforce all ordinances and orders of the city council, and 
the orders of the mayor. 

1485. Duty to protect persons and property.] He shall be 

charged with the duty of protecting the rights of persons and property, 
providing a proper police force at every fire, protecting strangers and 
travelers at steamboat landings and railway stations, and causing to be 
enforced all ordinances of the city. 

1486. Duty to abate nuisances, etc.] He shall take notice 
of all nuisances, impediments, obstructions and defects in the streets, 
avenues, alleys and public places of the city, and shall remove the 
same, or cause immediate notice thereof to be given to the proper of¬ 
ficer whose duty it may be to take measures in relation thereto, accord¬ 
ing to the ordinances of the city. 

1487. Divisions, districts, etc. — rules and regulations.] 

Said superintendent shall, from time to time, divide the city into police 
divisions, districts, and precincts, and assign inspectors, captains and 
lieutenants of police respectively to such divisions, districts and pre¬ 
cincts, and he may establish a station or sub-station in any precinct for 
the accommodation of the police force on duty therein. All regulations 
and orders of the department of police shall be promulgated through 
the superintendent. 

1488. Rules and regulations—penalties.] All subordinate offi¬ 
cers and members of said department shall be subject to such rules and 
regulations as shall be prescribed from time to time by said super¬ 
intendent. A reasonable forfeiture of pay may be imposed by the 
rules and regulations for any neglect of duty or misconduct on the 
part of any member of said department. 

1489. Special patrolmen.] The superintendent may, in times of 
peril, danger, riot, or pestilence, or apprehension thereof, or with the 
written consent of the mayor, during any public election or cele¬ 
bration, appoint for a specified time as many special patrolmen from 
among the citizens of Chicago as he may deem necessary, and during 
the term of service such special patrolmen shall possess all the powers 
and privileges and perform all the duties of patrolmen of the standing 
police force of the city. 

1490. City employes—special policemen.] He may appoint 

persons of suitable character, who may be in the employment of the 
city in other branches of the city government, as special policemen; 
but such persons so appointed shall receive no additional pay for their 
services as such special policemen. Such policemen shall possess 


312 


GENERAL ORDINANCES. 


the same powers as the regular police patrolmen, and shall be subject 
to all the rules and regulations governing the police force. 

1491. Special patrolmen for special duty.] He shall have power, 
on the application of any person or persons showing the necessity 
therefor, to appoint and swear in any additional number of special 
patrolmen to do special duty at any fixed place within the city, at 
the charge and expense of the person or persons by whom the ap¬ 
plication is made, and shall keep a correct list of all persons so ap¬ 
pointed. He shall issue a special certificate of appointment to each of 
said special patrolmen and shall, upon receiving a deposit sufficient to 
cover the cost thereof, provide them with suitable badges which shall 
be worn by them while on duty, and be returned to said superintendent 
upon the termination of their appointment. 

1492. Special patrolmen—duties and powers.] Persons so 
appointed shall conform to and be subject to all rules and regulations 
governing the police force of the city, and to such special rules and 
regulations as the superintendent may make concerning such police 
patrolmen. They shall possess all the powers, privileges and du¬ 
ties of the regular police patrolmen, at the places for which they are 
respectively appointed, and may be removed or discharged from 
service at any time by the superintendent, without assigning any cause 
therefor. 

1493. Custodian of stolen property.] The superintendent shall 
designate some member of the police force as custodian of the prop¬ 
erty seized or taken by the police, who shall keep a record of the same 
as therein provided, and may sell the same at public auction, after due 
notice, under and pursuant to such general orders and regulations 
as the superintendent of police shall prescribe. The proceeds of 
such sales, after deducting the cost of storage, advertising, selling, 
and, in cases of animals, their keeping, shall be paid over to the super¬ 
intendent, to be by him paid into the city treasury. 

1494. Bonds of subordinates.] Said superintendent shall require 
good and sufficient bonds to be given by all subordinate officers and 
employes in said department who shall receive or have the care, 
custody or handling of any moneys or property belonging to the 
city of Chicago; which said bonds shall be approved by the mayor. 

1495. Uniforms and badges.] The superintendent shall make 
suitable regulations, under which the officers and men of the depart¬ 
ment shall be required to wear any appropriate uniform and badge, 
by which, at all times, the authority and relations of such officers and 
men in said department may be known, as the exigency of their du¬ 
ties may require. 

1496. Charges preferred—reduction—discharge.] The super 

intendent, when charges of incompetency, lack of energy or judgment, 
are preferred and proven against any police officer holding any posi¬ 
tion above the grade of patrolman, may, in his discretion, reduce such 
officer to any lower position upon the police force which he may deem 


POLICE. 


313 


the said police officer competent to fill; but otherwise, when either of 
said charges are proven against such officer, he shall be discharged 
from the police force. 

1497. Trial and discipline of officers, etc.] The superintendent of 
police shall hear and determine all cases for the violation of any rule, 
regulation or order of said department, or other breach of disci¬ 
pline, and shall have power to punish the offending party by reprimand, 
forfeiture, and withholding pay for a specified time, or dismissal from 
the force; but no more than ten days’ pay shall be forfeited and with¬ 
held for any offense. 

1498. Violation of rules—complaint.] The superintendent of 

police may prefer written charges, without oath, for any violation of 
the police rules, regulations or orders, against any police officer or 
patrolman upon the regular police force, upon his own knowledge, or 
upon written information communicated to him by any member of 
the police department. 

1499. Suspension pending charges.] During the pending of 
charges against any police officer or patrolman upon the police force, 
the superintendent may suspend from duty any such officer or patrol¬ 
man until such charges can be examined. 

1500. Records of department.] The superintendent shall cause 
to be kept books of record of the police force, of persons arrested 
for offenses, of complaints against policemen, and the judgment of 
the superintendent thereupon; of time lost by patrolmen; of accounts 
of moneys received and expended, and for what purposes expended; 
of suspected persons and places, and of all property placed in his 
charge; and such other books and records as shall be required by 
the business of the department. 

1501. Annual estimate.] The superintendent shall prepare and 
submit to the comptroller, on or before the first day of February of 
each year, an estimate of the whole cost and expense of providing 
for and maintaining the department of police of the city during the 
current fiscal year, which estimate shall be in detail, and shall be 
laid by the comptroller, with his (the comptroller’s) views thereon, 
before the city council, at the same time with the comptroller’s annual 
estimate. 

1502. Quarterly report.] The superintendent shall make quar¬ 
terly reports to the citv council, in writing, of the state of the police 
force, with such statistics and suggestions as he may deem advisable 
for the improvement of the police force, its discipline and govern¬ 
ment. He shall make like reports to the mayor and comptroller 
whenever requested. 

1503. Police fund—payments from.l All moneys hereafter 
to be paid to any person or persons out of the police fund shall be 
certified by the superintendent to the comptroller, and if the said 
comptroller shall approve of the same, he shall draw his warrant on 
the treasurer therefor. 

1504. Enforcement of department orders.] It shall be the 


314 


GENERAL ORDINANCES. 


duty of the superintendent of police to cause to be executed all orders 
of the commissioner of health, so far as they may relate to the preser¬ 
vation of the health of the city. He shall also execute all orders of the 
commissioner of public works for the protection of the streets, alleys, 
sidewalks, bridges and viaducts of the city; and shall, upon such 
order, arrest any and all persons, not in the employ of the city, who 
may be found obstructing or interfering with the same without a 
written permit from said commissioner. 

1505. Office clerks.] He may detail not exceeding two of the 
police force to act as clerks in his office, and such clerks shall be 
allowed such extra compensation as he and the comptroller may 
agree upon. 

1506. Rules and regulations.] He shall furnish each member 
of the police department with a copy of the rules and regulations pre¬ 
scribed by him for the government of the department. 


ARTICLE II. 

SECRETARY OF THE DEPARTMENT. 

1507. Secretary’s duty.] There shall be in the office of the de¬ 
partment of police a person to be denominated secretary of the depart¬ 
ment of police, whose duty it shall be to preserve and keep all books 
and papers belonging to said department, or which are required by 
law to be filed therein. He shall deliver to the city council, and to the 
respective departments, all communications in writing from the said 
superintendent, and shall attend in the office of said department during 
the usual office hours, and do and perform such other services as 
may be required by said superintendent, or the ordinances of the 
city. 

ARTICLE III. 

DEPARTMENT OF POLICE. 

1508. Police duties.] The several members of the police force 
of the city of Chicago when on duty shall devote their time and 
attention to the discharge of the duties of their stations according to 
the laws and ordinances of the city and the rules and regulations of 
the department of police; and it shall be their duty to the best of 
their ability to preserve order, peace and quiet and enforce the laws 
and ordinances throughout the city. 

1509. Power of arrest.] They shall have power to arrest all 
persons in the city found in the act of violating any law or ordinance 
or aiding and abetting in any such violation, and shall arrest all 
persons found under suspicious circumstances, and shall take all such 
persons so arrested to the place designated by such ordinances, rules 
and regulations. 


POLICE. 


315 


1510. Service of process.] They shall have power and author¬ 
ity, and it shall be their duty, in the city, to serve and execute war¬ 
rants and other process for the apprehension and commitment of 
persons charged with a violation of any city ordinance, or any crime, 
or misdemeanor, or offense against the laws of the city or state, or 
held for examination or trial, or taken in execution for the commission 
of any crime or misdemeanor, or violation of any law or ordinance of 
the city; and they shall also have power and authority, and it shall be 
their duty to serve and execute any civil process issued by any police 
court or justice of the peace in any case in which the city is a party; 
and while serving or executing or assisting in the service or execu¬ 
tion of any such warrant or process, they shall be vested with and 
have all the powers and authority conferred on constables at common 
law and by the laws of this state. 

1511. Police to aid firemen.] It shall be the duty of mem¬ 
bers of the department of police to aid the fire department by giving 
alarms in case of fire, and in clearing the streets or grounds in the 
immediate vicinity of the fire, so that the members of the fire de¬ 
partment shall not be hindered or obstructed in the performance of 
their duties. 

1512. Property seized—delivery and report.] It shall be the 
duty of every officer of police, and every policeman and detective, to 
report to his superior officer, and deliver to him, all property seized 
or found by them, immediately after the. same shall have come into 
their possession, and said officer shall report the same to the superin¬ 
tendent; which property, with the date of delivery and description of 
the same, and the name of the officer, detective or policeman depositing 
the same, shall be entered in a book kept for that purpose, by the 
custodian having the custody of such property, who shall be held re¬ 
sponsible for the same. 

1513. Excavations in streets.] It shall be the duty of all offi¬ 
cers and all policemen of the department on observing or being in¬ 
formed of the opening of or excavating in any street or avenue to 
require the person making such opening or excavation to exhibit the 
authority or permission for such opening; and, if none has been given 
by the proper officer, or if the exhibition thereof be refused, said officers 
or policemen shall without delay report the same to the commissioner 
of public works. 

1514. Badge.] Every member of the department of police shall 
wear a suitable badge to be furnished by the city, and any member 
who shall lose or destroy the same shall be required to pay the cost 
of replacing it, and whenever any member shall leave the department, 
he shall immediately deliver his badge to the superintendent. 

1515. Misconduct—penalty.] Any member of the police force 
who shall neglect or refuse to perform any duty required of him by the 
ordinances of the city or the rules and regulations of the department 
of police, or who shall in the discharge of his official duties be guilty 
of any fraud, extortion, oppression, favoritism or wilful wrong or 


316 


GENERAL ORDINANCES. 


injustice, shall forfeit and pay a penalty not exceeding one hundred 
dollars for each offense. 

1516. Disabled policemen—salary.] Any member of the po¬ 
lice department receiving injury or becoming disabled while in the dis¬ 
charge of his duties, so as to prevent him from attending to his duties 
as such member, shall, for the space of twelve months, provided his 
disability shall last that time, receive his usual salary. The fact of such 
disability, and its duration, shall be certified by the city physician, 
or such other evidence as the superintendent may require. 

1517. Rewards prohibited.] No member of the department of 
police shall, for his own benefit, share in any present, fee, gift or 
emolument, for police services, additional to his regular salary or 
compensation. 

1518. Rewards — when allowed.] The superintendent, for 

meritorious service rendered by any member of the police force in the 
due discharge of his duty, may permit such member to retain for his 
own benefit, any reward or present tendered him therefor; and it shall 
be cause of removal for any member of the force to receive any such 
reward or present, without notice thereof to the superintendent. 

1519. Unexplained absence — resignation.] Unexplained ab¬ 
sence, without leave, of any member of the department for five days, 
shall, at the option of the superintendent, be deemed and held to be a 
resignation by such member, and accepted as such. 

1520. Removal—no re-appointment—resignation.] No per¬ 
son who has ever been removed from the police force shall be again 
appointed to any position upon such force, and no person shall resign 
any position on the police force, except upon one week’s notice, in 
writing, given to the superintendent. Any person withdrawing with¬ 
out leave from said police force shall forfeit all back pay, and shall be 
ineligible thereafter to any position upon said force. 


ARTICLE IV. 

SPECIAL PROVISIONS. 

1521. Impersonating an officer.] Every person who shall 
falsely assume or pretend to be a policeman or a member of the depart¬ 
ment of police of this city, or who shall, without being a member of the 
department of police of this city, wear in public the uniform adopted as 
the police uniform, shall be fined not less than ten dollars nor more than 
one hundred dollars. 

1522. Counterfeiting badge, etc.] Every person who shall 
knowingly and wilfully counterfeit or imitate or cause to be counter¬ 
feited or imitated, or who shall use any badge, sign, signal or device, 
adopted and used by'the department of police, with intent to deceive or 
defraud, shall be fined not less than ten dollars nor more than one 
hundred dollars. 


POLICE. 


317 


1523. Resisting policeman—rescue.] Every person who shall 
resist any member of the police force in the discharge of his duty, 
or shall in any way interfere with or hinder or prevent him from dis¬ 
charging his duty as such member or shall offer or endeavor to do so, 
and whoever shall in any manner assist any person in custody of any 
member of the police force to escape or attempt to escape from such 
custody, or attempt to rescue any person in custody shall be fined not 
less than ten dollars nor more than one hundred dollars. 

1524. Control of cabs, etc.] Hackmen, cabmen, omnibus 
drivers, draymen, porters, runners and other persons when at or about 
any railroad depot or station, or steamboat or canal boat landing, or 
other public place in the city, shall obey the commands and directions 
of the police officer or officers who may be stationed or doing duty on 
or about such depots or stations or landings or other places, for the 
preservation of order and enforcing the ordinances. Whoever shall 
refuse to obey the commands and directions of a police officer as 
aforesaid shall be fined not exceeding twenty dollars. 

1525. Railway passes for ununiformed police.] Each street 
railway company operating or conducting a horse railway, cable rail¬ 
way, electric railway or elevated railway in the city of Chicago, shall 
furnish on the first day of each and every year hereafter, to the superin¬ 
tendent of police, for the use of each and every member not in uniform 
of the police department, a pass or ticket bock for the free carriage of 
the holder thereof over and on its lines. 

1526. Regulations for passes.] Said passes or ticket books 
shall be numbered to correspond with the number on the star or badge 
of the member of said police department to whom such pass or ticket 
book is issued, and shall be countersigned by the superintendent of 
police and also by the inspector of the division to which the said mem¬ 
ber holding and using said pass or ticket book is stationed or assigned. 


ARTICLE V. 
mayor’s police. 

1527. Duties of mayor’s police.] The mayor is hereby au¬ 
thorized and empowered to appoint not to exceed four men, who are 
qualified bv law to act as police officers, to be known as the mayor’s 
police, whose duty shall be to look after and to prosecute any person or 
persons who shall vend or dispose of any article or thing of any kind 
whatsoever without first having obtained legal permission so to do, 
or who shall in any manner violate the ordinances of the city of Chi¬ 
cago; and to discharge such other duties as the mayor may direct. 

1528. Compensation.] The person or persons so appointed 
shall receive the same compensation as is paid to patrolmen, to be paid 
out of the contingent fund of said city, and may be dismissed by the 
mayor. 


318 


GENERAL ORDINANCES. 


1529. Report of appointment.] It shall be the duty of the 
mayor to report the appointments made in accordance with the pro¬ 
visions of the preceding section of this article to the superintendent of 
police, who shall legally empower the person or persons so appointed 
to discharge the duties of a police officer. 


ARTICLE VI. 

MATRONS. 

1530. Matrons — appointment — removal.] The mayor shall 
appoint one matron to each of the several division police stations of 
the city, and he may remove said matrons, or either of them, at his 
pleasure, unless otherwise provided by law, and shall appoint others 
in their stead, and shall fill all vacancies that may occur. 

1531. Salary—how fixed and paid.] The salary to be paid to 
each matron shall be fixed annually by the city council, and shall be 
paid out of moneys appropriated for the maintenance of the police de¬ 
partment of the city. 

1532. Duties.] Said matrons shall have charge of all female 
prisoners in their respective station houses, under the supervision ot 
the captain of police, and, in the transaction of their duties, may call 
to their aid the officer in charge of the station in which they are re¬ 
spectively employed. The matron in charge at any station may as¬ 
sign to separate cells or dormitories, subject to the direction of the 
captain of police, such female prisoners as are first offenders and those 
whom she may believe to be worthy of separation from those who are 
frequent offenders or are vicious or disorderly. She shall examine 
into the antecedents and cause of arrest of all such prisoners so sepa¬ 
rated, and if, in her opinion, it is best in any case that the prisoner 
be restored to her family or to the care of her friends, or be trans¬ 
ferred to a hospital or other public or private institution for the care 
or reformation of females, she shall make a statement in writing of the 
facts in such case, and recommend to the police justice such action 
as she may deem proper; but in all such cases the officer who has 
made the arrest shall be heard in answer to such" statement. 

1533. Prohibited communication.] Matrons are hereby prohib¬ 
ited from carrying messages or doing any business for any prisoner, 
other than is necessary for their temporal welfare, without the consent 
of the captain of police in each case, nor shall they converse with such 
prisoners as are detained upon the charge of felony, only so far as 
necessary for their personal comfort or necessities, without the consent 
of said captain of police. Said matrons are prohibited from con¬ 
versing with prisoners for the purpose of assisting in the discovery 
of crime or the arrest of criminals. 

1534. Matron’s record and report.] Each matron shall keep 
a record of the cases she reports to the police justice, giving the name 


POLICE. 


319 


and age of the prisoner, the offense for which the prisoner was ar¬ 
rested, the reasons for asking clemency from the court, and the action 
of the police justice in the case, and shall make a weekly report there¬ 
of to the superintendent of police, giving a transcript from such rec¬ 
ord of all such cases. 

1535. Rules and regulations.] The superintendent of police 
shall, from time to time, make such rules, regulations and orders as 
he may deem necessary to successfully carrying out the purposes of 
this article, and said matrons shall be governed by the same. 


ARTICLE VII. 

HUMANE SOCIETY—SPECIAL POLICE. 

1536. Appointment, removal.] I he superintendent of police 
shall have power, upon the application in writing of the Illinois Hu¬ 
mane Society, to appoint and swear in not to exceed twenty-five spe¬ 
cial policemen, whose names and addresses shall be set forth in such 
application; Provided, the persons so to be appointed shall be recom¬ 
mended by the president of said Illinois Humane Society. The su¬ 
perintendent of police shall keep a correct list of all persons so ap¬ 
pointed by him, and he may remove or discharge any of the persons 
so appointed, at any time, without assigning any cause therefor, and 
he may appoint other persons, upon similar application and recom¬ 
mendation, to take the place of the person or persons so removed or 
discharged. 

1537. Duties—powers.] The special policemen so appointed 
shall be particularly charged with the duty of enforcing the ordinances 
of the city of Chicago relating to cruelty to children and other persons 
and cruelty to animals. They shall comply with and be subject to all 
the rules and regulations prescribed by the superintendent of police 
for the government, control and duties of such special policemen. 
They shall also perform such other special and temporary police duties 
as may, in emergency cases, be required by the superintendent of po¬ 
lice, or other police officer, or as may be required by the rules and 
regulations so prescribed. They shall, in the performance of such 
duties, have all the powers and privileges of patrolmen of the stand¬ 
ing police force of the city. 

1538. Compensation.] The power hereby conferred upon the 
superintendent of police to appoint such special policemen, and the 
appointment of such special policemen, shall be upon the condition 
that the city of Chicago shall not be liable in any way for the com¬ 
pensation of any of such special policemen, and on condition that such 
compensation shall be provided by said Illinois Humane Society. 


CHAPTER LII. 


POLICE COURTS. 

1539. Establishment of.] Hereafter the city council may estab¬ 
lish as many police courts as shall from time to time be required. 

1540. Names of courts.) The several police courts already es¬ 
tablished shall be known and designated as follows, viz.: 

The courts now held at the Harrison street police station, as Police 
Court No. i of the first district, and Police Court No. 2 of the first 
district. 

The courts now held at the Maxwell street police station, as Police 
Court No. 1 of the second district, and Police Court No. 2 of the sec¬ 
ond district. 

The courts now held at the Desplaines street police station, as Police 
Court No. 1 of the third district, and Police Court No. 2 of the third 
district. 

The courts now held at the West Chicago avenue police station, as 
Police Court No. 1 of the fourth district, and Police Court No. 2 of 
the fourth district. 

The court now held at the East Chicago avenue police station, as 
the Police Court of the fifth district. 

The courts now held at the police station at the corner of Thirty- 
fifth and Halsted streets, as Police Court No. 1 of the sixth district 
and Police Court No. 2 of the sixth district. 

1541. Appointment of officials.] The mayor, by and with the 
consent of the city council, shall, on the first day of May, 1897 (or as 
soon thereafter as may be), and biennially thereafter, designate as 
many justices, police court clerks and police bailiffs as shall be 
necessary to allow to each police court established one justice, one 
clerk and one bailiff. 

1542. Qualification of justices, sessions of court.] The jus¬ 
tices so designated shall be justices of the peace in the city of Chicago; 
and when so designated and qualified, shall hold two sessions of court 
daily, Sunday excepted, one in the morning and one in the afternoon; 
and one of said courts in each of the three divisions of the city shall 
be in continuous session. 

1543. Docket of causes heard.] Each of the several justices 
of the peace who may be designated to act at the different police courts 
of the city shall keep a daily list of all cases tried or disposed of 
before him upon blank forms to be furnished by the city comptroller 
(independent of a similar list kept by the clerk), and shall note upon 
said list what disposition was made or steps taken in each and every 
case, and shall append his official signature thereto; the justice to 
keep said list in his custody until disposed of as hereinafter provided. 

320 


POLICE COURTS. 


321 


1544. Daily report to comptroller.] Each of the said justices 
shall, at the close of each day s business of court, carefully enclose 
the said list of cases in an envelope to be provided by the city comp¬ 
troller, and shall properly seal the same, and sign his name across 
the sealed face of the envelope with an endorsement thereon of the 
contents of such envelope, which said envelope shall at once be de¬ 
livered to the police officer in charge of the police station at or nearest 
to which such session of the court may be held, and such officer shall 
cause such envelope to be delivered to the city comptroller within 
one day after such officer may have received the same, and if de¬ 
livered by messenger, such messenger shall be a police officer, and 
an endorsement shall be made upon said envelope of the name of the 
messenger, and such messenger shall give a receipt to the officer in 
charge of the said police station for such envelope and shall return to 
the officer in charge of such station a receipt from the city comp¬ 
troller for such envelope. 

1545. Compensation of officers—fees paid to city.] The 

said justices, clerks and bailiffs shall be compensated by salary, to 
be fixed by the city council, for doing the business of said police 
court, in lieu of any and all other compensation or fees whatever ac¬ 
cruing from the business to be disposed of, and they shall not enter 
upon the performance of their duties unless they first sign and 
execute an express relinquishment in writing, in favor of the city, of 
all fees, emoluments or compensation whatever, other than what may 
be provided by a salary, to be fixed, as aforesaid, by the city council, 
and such relinquishment shall be filed in the comptroller’s office; said 
justices so appointed as police magistrates shall have no other office 
or place of business, and shall devote their whole time to their duties 
as such magistrates, and shall not hear or in any way entertain any 
civil suit or procedure or any business whatever, except such as shall 
regularly come before them as such magistrate. Said justices so ap¬ 
pointed, as aforesaid, shall account for and turn over to the city of 
Chicago all moneys received by them for the issuing of all writs and 
processes, the making of all orders and the approval of all bonds, 
and all moneys received by them for any duty or act performed by 
them as such police magistrates shall be paid into the city treasury. 
For a failure to pay over such fees, costs and moneys so received, the 
mayor shall remove such justice from office as police court magis¬ 
trate. 

1546. Clerks’ bond.] The police court clerks of the several 
districts of the city shall give bonds to the city of Chicago with one or 
more sureties, to be approved by the mayor and city comptroller. Said 
bonds shall be for such amounts as shall be deemed necessary by the 
mayor and comptroller, and be conditioned for the faithful discharge 
of their duties as police court clerks, and for the payment to the city 
treasurer of all moneys received and collected as such clerks. 

1547. Deputy clerks and bailiffs — appointment and re- 

21 


322 


GENERAL ORDINANCES. 


moval—bond.] Deputy police court clerks and deputy police court 
bailiffs may be appointed by the city comptroller when necessary, in 
which case the said deputies shall each give a bond to the city in the 
sum of three thousand dollars, with one or more sureties, to be ap¬ 
proved by the mayor and comptroller, for the faithful discharge of the 
duties of the office. Such deputy clerks and deputy bailiffs may be re¬ 
moved at any time by the comptroller. 

1548. Absence of clerk—filling vacancy.] In case of the 
temporary inability or absence of the clerk, or in case of a vacancy in 
said office, and when there is no deputy, the police court justice may 
appoint some competent person to discharge the duties of the office 
until the vacancy is filled. 

1549. Clerk’s docket.] It shall be the duty of each police 
court clerk to keep a full and complete docket of all cases brought be¬ 
fore the justice for such court, showing how each case has been tried 
or disposed of, and the amount of all forfeitures, penalties and fines 
assessed or punishments fixed, with the fees and costs therein. 

1550. Clerk’s daily list — reports.] The clerk shall also 
keep a daily list of all cases tried or disposed of in court, upon blanks 
to be furnished by the city comptroller (such blanks to be properly 
numbered and to correspond with the blank kept by the justice), and 
shall note upon said list the disposition made in each case, and the 
amount of money received or steps taken to enforce satisfaction of the 
judgment, whether by the issuance of an execution to the bailiff or 
otherwise; said clerk shall make oath tc the correctness of said daily 
list, and shall deliver the same to the city comptroller at the close of 
each day’s business, or as soon thereafter as practicable, and not later 
than the following day. 

1551. Clerk to collect fines, etc.— pay over daily.] It 

shall also be the duty of the clerk to collect and receive payment of all 
fines, fees, penalties and forfeitures and of all judgments, and to collect 
and receive all moneys accruing from all cases tried or disposed of in 
court, of whatever nature, and to pay the same over within one day in 
full to the city treasurer, and to pay over all costs or fees paid in cases 
appealed from, except the fees paid for the clerk of the criminal court; 
and he shall take a receipt and duplicate receipt and file said duplicate 
with the city comptroller. 

1552. Witness fees taxed.] Witness fees in all cases in the 
police court in which the city is party shall be taxed and collected only 
when demanded or claimed by the witness at the time of the trial; and 
no witness shall be allowed more than one fee for any one day’s attend¬ 
ance, nor shall any witness fee be taxed in any case in favor of any 
member of the police force. All witness fees when collected shall 
be paid into the city treasury for the benefit of such witnesses. It 
shall be the duty of the clerk to deliver to each witness who is entitled 
to receive from the city any witness fee a certificate thereof, showing 
the name of such witness, the suit in which he testified, and the 
amount to which he is entitled. 


POLICE COURTS. 


323 


1553. Witness fees — payment.] The comptroller shall draw 

his warrant on the treasury, on presentation of said certificate, in favor 

of the party entitled to such fee; Provided,, the same be presented 
within one week after the filing of the daily report referring to said cer¬ 
tificate, herein required from the clerk of said court. 

1554. Clerk’s failure to pay or report.] In case of the failure 
of any police court clerk to make his report to the city comptroller or 
pay over said moneys as herein required a notice shall be served on 
him by the comptroller allowing him not more than three days to 
make such returns and pay over all moneys received; and in case of 
the failure of said clerk to comply with said notice to the satisfaction 
of the comptroller, the comptroller shall immediately suspend him 
from office and appoint a substitute, and in case said clerk shall fail to 
comply with the orders and directions of the comptroller within ten 
days, then such suspension shall be reported to the mayor, who shall 
remove such clerk and immediately appoint a successor to fill the 
unexpired term by and with the advice and consent of the city council. 

1555. Bailiffs sworn in as policemen—duties.] Said police court 
bailiffs shall be sworn in as policemen, and shall possess all the power 
and authority of constables at common law and under the statutes of 
this state. Said bailiffs shall, besides doing ordinary court duty, take 
charge of all executions issued to them by the justices presiding 
at their several police courts and justices of the peace in their re¬ 
spective districts, and shall see to the collection of the same. In all 
cases where a defendant is present at the police justice’s court and a 
fine imposed and an execution issued to the bailiff by the clerk of such 
justice’s court held at the police station, said bailiff shall be responsible 
to the city of Chicago for the amount of said fine and the costs thereon, 
and shall pay the same in full, except in such cases where it may appear 
that judgment and execution has been otherwise lawfully canceled or 
appealed from, or the defendant is sent to the house of correction. 

1556. Bailiff’s bond.] The police court bailiffs shall give bonds 
to the city of Chicago, with one or more sureties to be aoproved by 
the mayor and comptroller. Said bonds shall be for such amounts as 
shall be deemed necessary by the mayor and comptroller, and be 
conditioned for the faithful performance of their duties as police 
court bailiffs, and for the payment to the city treasurer of all moneys 
received and collected by them, and for the payment of all moneys 
for which they are made responsible by the provisions of the ordi¬ 
nances of the city of Chicago. 

1557. Bailiff’s misconduct—suspension-removal.] For any 

misconduct or neglect of duty, or for the failure to comply with the 
requirements of any provision of the city ordinances concerning court 
bailiffs, the said bailiffs shall be subject to removal from office by 
the mayor, and in case of the failure of any bailiff to comply with 
the provisions of this chapter, or of any ordinance of the city con¬ 
cerning such bailiffs, the city comptroller shall immediately sus¬ 
pend said bailiff from office, and designate a fit and competent 


324 


GENERAL ORDINANCES. 


police officer to temporarily discharge the duties of bailiff; and in 
case such bailiff does not comply with the provisions of this chap¬ 
ter, or any ordinance of the city concerning such bailiffs, within 
ten days after such suspension, then the mayor shall remove such bail¬ 
iff from office and appoint a successor by and with the advice and con¬ 
sent of the city council. 

1558. Clerk or bailiff — suspension and removal for other 
derelictions.] The comptroller may at any time suspend from of¬ 
fice any police court bailiff or clerk for a failure to comply with any 
ordinance relating to the duty of such clerk or bailiff in other cases 
than those herein specially provided for, and in case such clerk or 
bailiff, so suspended, does not comply with the orders and directions 
of the comptroller within ten days after such suspension, then the 
comptroller shall report such suspension to the mayor, and the mayor 
shall thereupon remove such clerk or bailiff and appoint* a successor 
by and with the advice and consent of the city council. 

1559. Salary ceases on suspension.] When a clerk, deputy 
clerk, bailiff or deputy bailiff has been suspended from office, his sal¬ 
ary shall cease from the date of such suspension, unless after proper 
investigation he be reinstated, in which latter case he shall receive 
such compensation (not to exceed the amount of his salary for the 
time of his suspension) as to the comptroller may appear just. 

1560. Take receipt for refunded fine.] When a fine or 
judgment has been paid to the clerk or bailiff and is subsequently re¬ 
funded by order of the court or other proper authority, said clerk or 
bailiff shall take a receipt and duplicate receipt for the money from the 
person receiving the same, in a book provided for that purpose, and 

' shall return the duplicate receipt to the comptroller. 

1561. Discrepancy in report—comptroller’s duty.] It shall 
be the duty of the comptroller to have the clerk’s reports and bailiff’s 
reports properly checked and compared with the justice’s reports not 
later than thirty days from the date thereof; and if any discrepancy, 
error or unexplained alteration appears in any of the said reports, the 
same shall immediately be reported to the clerk or bailiff who seems 
primarily responsible for the same, and in case he cannot or does not 
correct or explain the said discrepancy, error or alteration to the sat¬ 
isfaction of the comptroller, the comptroller shall then suspend such 
clerk or bailiff from office, as provided by the ordinances of the city. 

It shall be the duty of the comptroller to have the justice’s sheets, 
clerk’s reports and bailiff’s reports properly bound and kept on file at 
his office. 

The comptroller, when necessary, may call upon the law depart¬ 
ment for such advice and assistance as he may require in checking 
up the said police court reports and accounts. 

1562. Bailiff’s record of executions, etc.] The several po¬ 
lice bailiffs shall keep in books to be furnished by the city comptroller, a 
full and accurate account and docket of all executions and procedendos 


POLICE COURTS. 


325 


which may come into their hands, showing' the names of defendants, 
date and number of executions and procedendos, amount of fines or 
penalties imposed, and what disposition, if any, has been made of 
the same. 

1563. Bailiff’s weekly report.] Said police bailiffs shall make a 
written report to the city comptroller every Monday of each week of 
all executions placed in their hands for collection during the pre¬ 
ceding week (save and except those sent to the House of Correction), 
with the name of party, number of execution, amount of fine, penalty 
and costs, together with the reason why said person was not sent to 
the House of Correction. 

1564. Bailiff’s monthly report.] The police bailiffs shall, at 
the close of each and every month, make a written report to the city 
comptroller of all moneys collected by them, and of all cases and 
executions in their hands that were collected and disposed of during 
the month, with the name of party, number of execution and amount of 
fines, fees and forfeitures collected or otherwise disposed of, and shall 
make said report and statement under oath before some competent 
officer that such statement is a fair and correct report of the disposi¬ 
tions of such cases, and of the moneys received and collected by 
them during the month. 

1565. Special bail—amount—condition.] Any person, or 
persons, arrested for the violation of any city ordinance, shall have 
the right to release himself or herself from such arrest by giving special 
bail in double the amount of the highest fine which can be imposed 
for the claimed violation, conditioned for his or her personal appear¬ 
ance at the next regular session of the police court to be held in the 
district where the arrest was made. 

1566. Surety must be householder—form of bond.] No 
person shall be taken as surety on a special bail bond for any person 
arrested for the violation of a city ordinance who shall not be a 
householder within the city of Chicago, and the said surety shall 
stipulate in said bond that he may be held by the city of Chicago to 
answer, pay and discharge any judgment which may be rendered 
against the principal on said bond in case the said principal fails to 
satisfy the same. 

1567. Approval of bond—qualification of surety—forfeiture.] 

No special bail bond shall be taken, accepted or approved except 
by a justice of the peace, and the principal and surety on said 
bond shall in all cases personally appear before said justice, and sign 
the said bond in his presence; and when so signed, and before the ap¬ 
proval of said bond by the justice, the surety thereon shall in all cases 
qualify under oath, according to law and the requirements as set 
forth upon said bond, which said bond shall be furnished bv the 
city comptroller to each of the police courts in the city of Chicago, and 
no other form of bond shall be used in any of the said police courts, in 
cases where the city of Chicago is plaintiff. And it shall be the duty 
of the police justice, when a case is called in which one of said 


326 


GENERAL ORDINANCES. 


bonds was given for the appearance of the defendant, and in which such 
defendant fails to appear, to immediately forfeit said bond and endorse 
the forfeiture thereon in the blank thereon printed. And it shall 
be the duty of the justice each day to turn over to the clerk of his 
court all bonds forfeited by him, which bonds shall be given to the 
comptroller by the clerk of the police court not later than the day 
following the day they are received by him, the said police court 
clerk at the same time attaching to his daily report memoranda of 
all forfeited bail bonds received by him that day from the justice and 
turned over by him to the comptroller. 

1568. Cash substitute for bail.] If any person shall be ar¬ 
rested without process for the violation of a city ordinance, he or she 
may deposit with the captain or lieutenant as cash bail such a sum of 
money as will be sufficient in the judgment of said captain or lieu¬ 
tenant to cover and pay any fine and costs which may be imposed 
against the said party so arrested, and which said sum of money so de¬ 
posited with the captain or lieutenant, shall be held by him, not 
only as security for the appearance of the person arrested, but also 
for the payment of any fine and costs which may be assessed against 
him or her on said charge, whether he or she be present in court or 
not. 

1569. Cash deposit—record—forfeiture.] It shall be the duty 

of the captain or lieutenant taking such cash bail or deposit to enter 
the same in a book to be furnished by the city comptroller for that 
purpose; and in case said party fails to appear at the next session 
of the court, such deposit shall be forfeited to the city, and if a fine 
be imposed by the court against the party arrested, the captain or 
lieutenant shall retain from said cash bail or deposit the amount of 
said fine and costs in full, and shall return the balance of said cash 
deposit to the depositor thereof, and take a receipt for the same in a 
deposit receipt-book to be furnished by the comptroller for that pur¬ 
pose; and said captain or lieutenant shall pay the said forfeited sum 
or said fine and costs to the clerk of the court, who shall sign a re¬ 
ceipt for the same upon a form to be furnished for that purpose by 
the city comptroller; and it shall be the duty of said captain or lieu¬ 
tenant to preserve the said receipts so signed by the clerk of the court, 
and turn them over to the city comptroller on the first day of each 
and every month, said receipts to be safely kept by the city comp¬ 
troller and be used by him in checking up the accounts of the clerks 
of the said courts. 

1570. Notice of forfeited bonds—sureties not again compe¬ 
tent—collection.] The comptroller shall, on the first day of each 
and every month, send to each and every police justice a list of all for¬ 
feited bail bonds unpaid, and upon such notification the police justice 
shall refuse to accept any persons appearing upon said list as a 
bondsman, in any other case, until the said forfeited bonds have been 
paid or settled. 

If any justice, after receiving such notification, accepts any such 


POLICE COURTS. 


327 


person or persons upon any bail bond, the said justice shall be re¬ 
moved from his office by the mayor. 

The comptroller shall, on the first day of each and every month, 
send all defaulted and forfeited bail bonds received by him during 
the preceding month, to the city prosecuting attorney, for collection 
bv suit or otherwise. 


JUSTICES OF THE PEACE. 

1571. Dockets.1 The several justices of the peace of the 
city of Chicago shall keep a full and complete docket of all city 
cases commenced, tried and disposed of before them, as well as all city 
cases which may come before them by change of venue from police 
courts or otherwise, and note upon said docket so kept what dispo¬ 
sition was made as to fines and forfeitures, or steps taken in each and 
every case. 

1572. Monthly reports.] The said several justices of the 
peace shall make upon blanks to be furnished to them reports to the 
city comptroller at the close of each and every month, of all cases, fines 
and forfeitures for the violation of ordinances imposed, collected and 
paid to them, or execution issued during said month, with the name of 
the defendant, number of the execution, amount of the fine, fees and 
forfeitures collected, or otherwise disposed of. 

1573. Monthly settlement.] The said several justices of the 
peace at the close of each and every month, at the date of making 
their said report to the city comptroller, as directed, shall pay into the 
city treasury all fines and forfeitures for the violation of city or¬ 
dinances when collected, and all other moneys collected by them for 
the use of the city, save and except their proper costs and charges. 


CHAPTER LIII. 


POUNDS AND POUNDMASTERS. 

1574. Pound limits.] No cows, horses, swine, sheep, goats or 
geese shall be permitted to run at large, nor cattle of any kind to run 
at large within that portion of the city of Chicago bounded as follows: 
Commencing at the intersection of Lake Michigan and the city limits 
on the north; thence southwest and west along the city limits to two 
hundred feet west of Ridge avenue; thence southerly on said line to 
Devon avenue, and west on Devon avenue to North Western avenue; 
thence south on North Western avenue to the north branch of the Chi¬ 
cago river; thence following the said river in a northwesterly direction 
to its intersection with Devon avenue or city limits; thence following 
the city limits west, north, south and east to West Sixteenth street; 
thence east on West Sixteenth street to Lawndale avenue; thence south 
cn Lawndale avenue to Ogden avenue; thence southwest on Ogden 
avenue to South Forty-fourth avenue; thence south on South Forty- 
fourth avenue to West Twenty-sixth street; thence east on West 
Twenty-sixth street to Hamlin avenue; thence south on Hamlin ave¬ 
nue to West Twenty-ninth street; thence east on West Twenty-ninth 
street to St. Louis avenue; thence north on St. Louis avenue to West 
Twenty-sixth street; thence east on West Twenty-sixth street to South 
Kedzie avenue; thence north on South Kedzie avenue to West Six¬ 
teenth street; thence east on West Sixteenth street to the south branch 
of the Chicago river; thence following the river in a southwesterly di¬ 
rection to its intersection with South Western avenue; thence south on 
South Western avenue to West Thirty-ninth street; thence east on 
West Thirty-ninth street to South Halsted street; thence south on 
South Halsted street to West Seventy-first street; thence east on West 
Seventy-first street to State street; thence nortl\ on State street to Six¬ 
ty-seventh street; thence east on Sixty-seventh street to Cottage Grove 
avenue; thence south on Cottage Grove avenue to Eighty-seventh 
street; thence east on Eighty-seventh street to Stony Island avenue; 
thence north on Stony Island avenue to Sixty-seventh street, and 
thence east on Sixty-seventh street to Lake Michigan, and following 
the shore of Lake Michigan to the place of beginning. 

Also commencing at the intersection of Lake Michigan and Seventy- 
first street; thence west on Seventy-first street to Yates avenue; thence 
south on Yates avenue to Eighty-seventh street; thence west on 
Eighty-seventh street to Stony Island avenue; thence south on Stony 
Is^nd avenue to Ninety-fifth street; thence east on Ninety-fifth street 
to Colfax or Hoxie avenue; thence south on Colfax or Hoxie avenue 
to One Hundred and Tenth street; thence east on One Hundred and 

328 


POUNDS AND POUNDMASTERS. 


329 


Tenth street to the Calumet river; thence along the Calumet river to 
Lake Michigan, and following the shore of Lake Michigan to the 
place of beginning at Seventy-first street. 

Also commencing at the intersection of Stony Island avenue and 
Ninety-fifth street; thence west on Ninety-fifth street to the tracks of 
the Illinois Central railroad; thence following said railroad in a south¬ 
erly direction to One Hundred and Third street; thence west on One 
Hundred and Third street to State street; thence south on State street 
to One Hundred and Nineteenth street; thence east on One Hundred 
and Nineteenth street to the west shore of Lake Calumet; thence 
northeasterly along said lake, and north on Stoney Island avenue to 
the place of beginning. 

Also commencing at the intersection of Ninetieth street and Stewart 
avenue; thence west on Ninetieth street to Halstead street; thence 
south on Halsted street to Ninety-fifth street; thence west on Ninety- 
fifth street to Western avenue; thence south on Western avenue to One 
Hundred and Seventh street; thence east on One Hundred and Sev¬ 
enth street to Halsted street; thence north on Halsted street to One 
Hundred and Third street; thence east on One Hundred and Third 
street to Stewart avenue, and thence north on Stewart avenue to 
Ninetieth street, or place of beginning, under the penalty of three 
dollars for each animal so permitted to run at large or herded, together 
with the costs of impounding and the expense of sustenance for such 
animal or animals when impounded, as hereinafter provided, to be 
paid by the owner or person having charge, care or keeping thereof, 
severally and respectively. 

1575. Districts.] The pound limits heretofore described and de¬ 
fined shall be divided into seven districts, as follows: 

District No. i: Commencing at the intersection of Lake Michi¬ 
gan and the northern city limits, thence southwest and west on said 
line to its intersection with a line two hundred feet west of Ridge 
avenue or the boundary line of the former village of Rogers Park, 
and following said line in a southerly direction to Devon avenue, 
thence west on Devon avenue to the intersection of center of North 
Western avenue, or the east boundary line of the Twenty-seventh 
ward; thence south on center of North Western avenue to the north 
branch of the Chicago river; thence following said river to its junc¬ 
tion with the main branch of said river, and thence to Lake Michigan; 
thence following the shore of Lake Michigan from the mouth of the 
Chicago river to the north city limits, or place of beginning. 

District No. 2 : All of the Fifteenth ward and that part of the Twen¬ 
ty-seventh ward west of the north branch of the Chicago river and the 
center line of West North avenue shall constitute the south boundary 
line of said district. 

District No. 3 : All that territory bounded as follows: On the north 
j-jy £]-j 0 center line of West North avenue; on the east by the north and 
south branches of the Chicago river; on the west by the present west 


330 


GENERAL ORDINANCES. 


city limits; on the south as follows: Commencing at the intersection of 
the west city limits and West Sixteenth street; thence east on West Six¬ 
teenth street to Lawndale avenue ; thence south on Lawndale avenue to 
Ogden avenue; thence southwest on Ogden avenue to South Forty- 
fourth avenue; thence south on South Forty-fourth avenue to West 
Twenty-sixth street; thence east on West Twenty-sixth street to Ham¬ 
lin avenue; thence south on Hamlin avenue to West Twenty-ninth 
street; thence east on West Twenty-ninth street to St. Louis avenue; 
thence north on St. Louis avenue to West Twenty-sixth street; thence 
east on West Twenty-sixth street to South Kedzie avenue; thence north 
on South Kedzie avenue to West Sixteenth street; thence east on West 
Sixteenth street to the south branch of the Chicago river. 

District No. 4 : Commencing at the intersection of Lake Michigan 
and the mouth of the Chicago river; thence following the river west 
and southwesterly to the intersection of South Western avenue, thence 
south on center line of South Western avenue to center line of Thirty- 
ninth street; thence east on center line of Thirty-ninth street to the 
lake shore; thence along the lake shore to the mouth of the Chicago 
river or place of beginning. 

District No. 5 : Commencing at the intersection of the lake shore and 
the center of Thirty-ninth street; thence westerly on center line of 
Thirty-ninth street to center line of State street; thence south on the 
center line of State street to the center line of Sixtv-seventh street; 
thence east on center line of Sixty-seventh street to center line of 
Cottage Grove avenue; thence south on center line of Cottage Grove 
avenue to center line of Eighty-seventh street; thence east on center 
line of Eighty-seventh street to center line of Stony Island avenue; 
thence north on center of Stony Island avenue to Fifty-fifth street; 
thence east on Fifty-fifth street to the lake shore, and thence following 
the lake shore northerly to place of beginning. Also commencing at 
the intersection of the center line of Stony Island avenue and center 
line of Ninety-fifth street; thence west on center of Ninety-fifth street 
to the tracks of the Illinois Central railroad, thence southwesterly 
along the tracks of said railroad to the center line of One Hundred and 
Third street; thence west on the center line of One Hundred and Third 
street to the center line of State street; thence south on center of 
State street to One Hundred and Nineteenth street; thence east on 
center of One Hundred and Nineteenth street to Lake Calumet; 
thence northeasterly along the shore of said lake to the center of Stony 
Island avenue, and thence north on center of Stony Island avenue to 
Ninety-fifth street or place of beginning. 

District No. 6 : Commencing at the intersection of the shore of 
Lake Michigan and the center line of Seventy-first street, thence east 
on center line of Seventy-first street to the center line of Yates ave¬ 
nue; thence south on center of Yates avenue to Eighty-seventh street; 
thence west on center of Eighty-seventh street to the center of Stony 
Island avenue; thence south on center of Stony Island avenue to the 


POUNDS AND POUNDMASTERS. 


331 


center of Ninety-fifth street; thence east on center of Ninety-fifth 
street to center of Colfax or Hoxie avenue; thence south on center of 
Coltax or Hoxie avenue to center of One Hundred and Tenth street' 
thence east on center of One Hundred and Tenth street to the Calu¬ 
met river, thence following the said river to Lake Michigan, and north¬ 
westerly along the shore of said lake to Seventy-first street or place of 
beginning. 

Also commencing at the intersection of Lake Michigan and the 
center of Fifty-fifth street, and thence west along the center of Fifty- 
fifth street to the center of Stony Island avenue; thence south along 
the center of Stony Island avenue to the center of Sixty-seventh street ; 
thence east on the center of Sixty-seventh street to Lake Michigan’ 
and thence following the shore of said lake in a northwesterly direction 
to Fifty-fifth street or place of beginning. 

District No. 7: Commencing at the intersection of the center 
lines of State street and Thirty-Ninth street; thence west on center of 
Thirty-ninth street to center of Halsted street; thence south on the 
center of Halsted street to center of Seventy-first street; thence east 
on center of Seventy-first street to center of State street; thence north 
along the center of State street to center of Thirty-ninth street or place 
of beginning. 

Also commencing at the intersection of center lines of Stewart ave¬ 
nue and West Ninetieth street; thence west along the center of Nine¬ 
tieth street to center of Halsted street; thence south along the center 
of Halsted street to center of West Ninety-fifth street; thence west 
along center of West Ninety-fifth street to center of Southwestern ave¬ 
nue; thence south along the center of South Western avenue to center 
of West One Hundred and Seventh street; thence east along center 
of West One Hundred and Seventh street to center of South Halsted 
street; thence north along center of South Halsted street to center of 
West One Hundred and Third street; thence east along center of West 
One Hundred and Third street to center of Stewart avenue; and 
thence north along the center of Stewart avenue to the center of West 
Ninetieth street or place of beginning. 

1576. Appointment of poundmasters.] The mayor shall, 
by and with the consent of the city council, appoint a poundmaster for 
each of the several districts named and designated in the preceding 
section, on the first Monday in May, 1897, or as soon thereafter as 
may be, and biennially thereafter, and each such poundmaster shall 
have exclusive power and authority over the district to which he is 
assigned. 

1577. Location of pounds.] The city comptroller is hereby 
directed to designate in each district above described one good and 
suitable pound, to be placed under the care and direction of a pound- 
keeper for said district to be appointed as herein provided. 

1578. Bonds.] Each poundkeeper shall before entering upon 
his duties execute a bond with sureties to be approved by the comp- 


332 


GENERAL ORDINANCES. 


troller, in the penal sum of five thousand dollars, conditioned for the 
faithful performance of the duties of his office. 

1579. Duties.] It shall be the duty of each and every pound- 
keeper in said city to take up and impound any such animal or 
animals known to him to be running at large within the aforesaid pound 
limits of the district of said city in which the pound kept by him is 
situated; and for each neglect or refusal to do so he shall forfeit and 
pay a penalty of five dollars. 

1580. Who may impound—fee.] It shall be lawful for any per¬ 
son over eighteen years of age to take up any such animal or animals 
running at large contrary to the provisions of section 1574 of this 
chapter and take the same to the pound in the district of said city where 
such animal or animals may be taken up, and for so doing he shall re¬ 
ceive from the treasurer of said city, when collected, an impounding fee 
of fifty cents for each animal so taken up and impounded by him. And 
it shall be the duty of the pound-keeper to enter upon his books forth¬ 
with the name and residence of the person so taking any such animal 
to the pound. 

1581. Fees—sustenance of animal.] There shall be charged for 
each animal impounded an impounding fee of fifty cents, and also 
fifty cents for each day or part of a day for providing sustenance for 
each animal impounded. 

1582. Redemption.] At any time before the sale of any animal 
or animals impounded, the owner or owners thereof may redeem the 
same by paying to the pound-keeper the penalty prescribed in section 
1574 of this chapter, together with the impounding fee and costs of 
sustenance as prescribed in the said section; and in case proceedings 
shall have been instituted before a judicial officer, the cost of such pro¬ 
ceedings and the amount of the judgment, if judgment shall have 
been recovered under this chapter, together with subsequently accrued 
costs of sustenance, shall be the redemption money to be paid. 

1583. Proceeding as to impounded animal.] When any animal 
or animals shall be impounded as aforesaid, it shall be the duty of 
the keeper of the pound where the same is impounded forthwith to 
make complaint before some justice of the peace of the said city 
against the owner or owners of such animals if known, and thereupon 
a warrant shall be issued, and upon the return thereof executed, or the 
defendant having appeared, it shall be the duty of the justice to in¬ 
quire whether the defendant has been guilty of a violation of this 
chapter; and, if the defendant be found guilty, judgment shall be 
rendered against him for the penalty, impounding fee, and cost of sus¬ 
tenance herein prescribed and the costs of suit, and an order shall be 
entered that the animal or animals shall be sold to satisfy said judg¬ 
ment, in case the same shall not be paid forthwith. Such order 
shall describe the animal or animals, and state the time and place of 
impounding 

1584. Proceedings—owner unknown.] When the owner of 
any animal impounded shall be unknown, it shall be the duty of the 


POUNDS AND POUNDMASTERS. 


333 


pound-keeper wnen the same shall be impounded to make complaint 
as provided in the last section, against the unknown owner of such an¬ 
imal, describing the same, and thereupon the officer before whom such 
complaint shall be made shall issue a notice in substance as follows, 
to wit: 

POUND NOTICE. 

Whereas, complaint has this day been made before me, that the unknown 

owner of the following described animals, to-wit:--—impounded at-on 

the-day of-A. D. 18—, has permitted the same to run at large, contrary 

to the provisions of the ordinance of the city of Chicago prohibiting the running 
at large of certain animals therein mentioned, within the limits therein named. 

Now, therefore, notice is hereby given, that a trial will be had upon the said 

complaint, at my office, in the city of Chicago, on the-day of-A. D. 

18—, at the hour of — m., when and where the unknown owner may appear and 

defend, if he see fit so to do. Witness my hand and official seal, this-day of 

-, A. D. 18—. 

-J. P. [l. s.] 

The day named in said notice for trial shall not be less than five 
nor more than ten days from the time of issuing the same, and A 
shall be the duty of the pound-keeper making the complaint forthwith 
to post three copies of said notice, one at the pound where the ani¬ 
mal is impounded, one at the office of the justice or police magistrate 
issuing the same, and one on a board provided for that purpose 
within the hall of the court house in said city, and to return the said 
notice, with the time and manner of said posting. 

1585. Docket entry.] The justice or police magistrate issuing 
said notice shall enter the cause upon his docket, as follows, to wit: 
The City of Chicago vs. The Unknown Owner of (here specify the 
animals). And upon the return of the notice prescribed in the last 
section, like proceedings shall be had as in the case of personal service 
or appearance. 

1586. Jury trial.] In all trials for violation of this chapter the 
accused shall have the right of trial by jury, and in proceedings against 
unknown owners the trial must be by jury. 

1587. Execution on judgment.] Upon the rendition of any judg¬ 
ment as provided in section 1583 of this chapter, the justice of the 
peace or police magistrate rendering the same shall issue to the keeper 
of the pound where the animal or animals are impounded an order 
which shall be in the following form as nearly as may be: 

The People of the State of Illinois, To-, Pound-keeper. 

We command you, that of the following described goods and chattels, to-wit: 

- 1 the property of-, you make the sum of-dollars and — 

cents debt, and -dollars and - cents costs, which the city of Chicago 

lately recovered before me, against the said-, and hereof make due return. 

Given under my hand and seal, this the-day of , A. D. 18 . 

-, J. P. fL. s.] 

1588. Sale—notice.] Upon the receipt of such order, the pound- 
keeper shall immediately post three notices in like places as provided 
in section 1584 of this chapter in substance as follows: 






















334 


GENERAL ORDINANCES. 


POUNDJNOTICE. 

Taken up and impounded in the city pound of the-division of the city of 

Chicago, at-, the following described animals:-which, unless re¬ 

deemed, will be sold at public auction for cash to the highest bidder at said 
pound at the hour of-o’clock, in the forenoon, on the-day of-, 18—. 

-, Pound-keeper. 

The day of sale mentioned in said notice shall be the third day after 
posting the same, exclusive of Sundays, holidays and election days, and 
if said animal or animals are not redeemed, the pound-keeper shall 
sell the same in accordance with said notice. It shall be the duty of 
the pound-keeper receiving such order as is prescribed in section 1587 
of this chapter to return the same within twenty days from its date 
to the office issuing the same, with an indorsement showing when and 
how the same was executed. 

1589. Purchase prohibited.] No person shall purchase or be 
interested directly or indirectly in the purchase of any animal taken up, 
impounded or sold by him under the provisions of this chapter, under 
a penalty of not less than twenty-five dollars nor more than one hun¬ 
dred dollars for each animal, and if a pound-keeper, the forfeiture of his 
office. 

1590. Breaking pound.] If any person shall break open, or in 
any manner directly or indirectly aid or assist in, or counsel or ad¬ 
vise the breaking open of any city pound, he shall forfeit and pay a 
penalty of not more than twenty dollars. 

1591. Hindering taker of animal.] No person shall hinder, delay 
or obstruct any person engaged in taking to any city pound any animal 
or animals liable to be impounded, under a penalty of not less than 
five dollars nor more than ten dollars for each animal so being taken. 

1592. Keeper’s monthly report — record.] Each and every 
pound-keeper of the city shall by the end of each month pay to the 
comptroller of the city all moneys received by him, over and above 
the necessary expenditures for the maintenance of the pound during 
the month by virtue of his office as pound-keeper, and shall at the 
end of each month render to the comptroller of the city a full state¬ 
ment on oath of all the animals received into his pound during said 
month, describing the same with the names of the owners, if known, 
of the animals redeemed, the dates when received respectively, and 
the dates of redemption of those sold and the times of sale, and of 
all moneys received by him during said month for the redemption 
or upon the sales of animals or otherwise as pound-keeper, and of 
all moneys expended by him in the maintenance of the pound, and 
shall attach to such statement receipts for all such moneys. Each 
pound-keeper shall also keep a record in which he shall enter from 
time to time as they occur, all matters required to be shown in such 
statements, and in which he shall cause to be written the receipts of 
owners of animals by them redeemed. 

1593. Sale — proceeds.] When the proceeds of the sale of the 
animal or animals shall exceed the amount of judgment and costs, 






POUNDS AND POUNDMASTERS. 


335 


and the expense of sustenance which shall have accrued subsequently 
to the rendition of the judgment, and such excess shall have been paid 
to the comptroller, the owner or owners of such animal or animals 
shall be entitled to a warrant on the city treasurer for such excess, 
upon presenting to the city comptroller satisfactory evidence of his 
or her right thereto. 

1594. Unlawful taking.] Any person who shall take or drive 
any such animal from any enclosed lot or tract of ground, or from 
any stable or other building, or from outside of any pound limits 
into the limits of any pound district, to any pound in said city, or 
with the intent that such animal may be impounded, shall be liable 
to a fine of not less than five nor more than twenty dollars for every 
animal so driven or taken from the place or places aforesaid. 

1595. Books of account.] It shall be the duty of every such 
pound-keeper to keep such books, and in such manner as the city 
comptroller shall direct, which shall show, among other things, all 
the receipts and expenditures of and for his pound; and the comp¬ 
troller shall at least once a month audit and adjust the accounts of such 
pound-keeper. 

1596. No perquisites.] No poundkeeper shall receive any 
other compensation or perquisite than his salary, which shall be fixed 
by the city council in the annual appropriation bill; but, in case any 
member of the police force is appointed as such pound-keeper this 
proviso shall not be so construed as to affect his right to compensation 
or pay as such member of the police force. 

1597. Mayor — power to remove keeper.] Every pound- 
keeper shall be subject to removal from office by the mayor of the 
city'whenever he shall deem the interests of the city require such re¬ 
moval ; and no keeper of any public pound in the city of Chicago shall 
allow the same, or any animal therein, by reason of any want of care, 
food, ventilation or cleanliness, or otherwise, to be or become dan¬ 
gerous or detrimental to human health. 


CHAPTER LIV. 


PUBLIC WORKS. 


ARTICLE I. 

DEPARTMENT OF PUBLIC WORKS. 

1598. Department of public works created.] There is 

hereby established an executive department of the municipal govern¬ 
ment of the city of Chicago, which shall be known as the department 
of public works, and shall embrace the commissioner of public works, 
the deputy commissioner, a secretary to said commissioner, the city 
engineeer, the superintendent of streets, the superintendent of street 
and alley cleaning, the superintendent of water, the superintendent of 
sewerage, the superintendent of special assessments, the superintendent 
of maps, and such other assistants and employes as the city council 
may, by ordinance, prescribe and establish. 

1599. Commissioner of public works—office created.] There 
is hereby created the office of commissioner of public works, who 
shall be the head of said department of public works, and shall hold 
his office for the term of two years, and until his successor shall be 
appointed and qualified. He shall have the management and control 
of all matters and things pertaining thereto ; and the appointment and 
removal, with the consent of the mayor, of the subordinate officers 
named in the last preceding section; and said subordinate officers may, 
with the consent of the commissioner, appoint and remove all employes 
in their respective departments. 

1600. Assistants and employes.] Said commissioner shall appoint 
all other employes in said department, and in addition to the number 
of clerks, assistants and employes regularly employed and provided for 
by ordinance, may appoint such other clerks, assistants and employes 
as he may deem necessary to properly perform the work in said depart¬ 
ment; and he may remove any such assistant, clerk or employe. 

1601. Commissioner — appointment.] Said commissioner of 
public works shall be appointed by the mayor, by and with the advice 
and consent of the city council, on the first Monday in May, 1897 , or 
as soon thereafter as may be, and biennially thereafter. 

1602. Bond.] Said commissioner, before entering upon the 
duties of his office, shall execute a bond to the city of Chicago, in the 
penal sum of fifty thousand dollars, with such sureties as the city coun¬ 
cil shall approve, conditioned for the faithful performance of the duties 
of his office. 


336 



PUBLIC WORKS. 


337 


1603. Bonds of subordinates.] It shall be the duty of said 
commissioner to require good and sufficient bonds to be given by all 
subordinate officers and employes in said department of public works, 
who shall receive, or have the care, custody, or handling of any moneys 
belonging to the city of Chicago; which said bonds shall be approved 
by the mayor. 

1604. Powers.] Said commissioner shall have charge of all 
public improvements commenced, or to be commenced, by said city, 
and of all special assessments; and shall have power, subject to the 
ordinances of the city, to regulate and control the manner of using the 
streets, alleys, highways and public places of the city, for the erection of 
telegraph poles, or other poles or posts; for the laying down of gas, 
water or steam pipes, and sewers, authorized by law or the ordinances 
of the city, and to determine the location thereof; and to cause the 
prompt repair of the streets, alleys, highways and public places, when¬ 
ever the same are taken up or altered; Provided,' iiowever, that noth¬ 
ing herein contained shall be construed to repeal, or in any manner 
conflict with any provision of this ordinance creating the department of 
buildings; and Provided, further, that the abatement and removal of all 
nuisances shall be in special charge of and under the control of the de¬ 
partment of health. 

1605. Duties.] It shall be the duty of said commissioner of pub¬ 
lic works, subject to the provisions hereof and the ordinances of the 
city, to take special charge and superintendence of all streets, alleys, 
lanes and highways in the city of Chicago, and of all walks and cross¬ 
walks, bridges, viaducts, docks, wharves, public places, public land¬ 
ings, public grounds and parks in said city; of all markets, market 
places and market houses; of all engine houses, hospitals, armories, 
and all other public buildings in the city, belonging to the city, and of 
the erection of all public buildings; of all lamps and lights for the 
lighting of streets, alleys, lanes, highways, bridges, viaducts, parks, 
public places and public buildings of the city, and of the erection and 
repair of such lamps and lights; of all works for the widening, deep¬ 
ening or dredging of the Chicago river and its branches, and of the 
harbor of said city; of all sewers and works pertaining thereto; and of 
the water works of said city; and he shall collect all water rents, water 
taxes or assessments, water licenses and permits, and all sewerage 
permits and licenses. 

1606. Control of expenditures.] Said commissioner shall 
control and direct all expenditures to be made by the department of 
public works; shall sign and draw his requisition upon the comptrol¬ 
ler for the payment of all bills and accounts therefor which in his judg¬ 
ment are correct, and which may be duly certified by the superin¬ 
tendent under whose supervision the expenditure was incurred. 

1607. Books of account.] It shall be the duty of said com¬ 
missioner to cause to be kept books of account, in such manner as to 
show with entire accuracy, the receipts and expenditures of said de¬ 
partment, and in such manner that the same may be readily under- 

22 


338 


GENERAL ORDINANCES. 


stood and investigated; and also to preserve on file in said depart¬ 
ment duplicate vouchers of all the expenditures of said department, 
which books and vouchers, and all papers and files of said department, 
shall be at all times open to the examination of the comptroller, the 
finance committee, or any member of the city council. 

1608. Commissioner constituted a board of public works.] 
The commissioner of public works shall in all matters whereby, by rea¬ 
son of any ordinance, resolution, agreement, or act, heretofore passed, 
entered into, or done, the action of a board of public works is neces¬ 
sary, constitute a board of public works for such purpose, and shall 
do and perform all things required to be done by or imposed upon 
said board. 

CONTRACTS AND CONTRACTORS. 

1609. Contract, extra work.] No payment shall be made on any 
work or job done by contract, for any extra work not specified in the 
contract, unless such extra work shall have been done by the written 
order of the commissioner of public works, to be annexed to such con¬ 
tract, directing the same, and stating that such work is not included 
in the contract: Provided, that any order given under this section 
shall state what the extras are, and that such extras are necessary for 
the proper completion of, or for the security of the work previously 
done, and the reasons therefor. 

1610. Payments on contracts—how made.] All moneys pay¬ 
able by the corporation, for work done or supplies furnished by con¬ 
tract or otherwise, under the department of public works, shall be paid 
by the comptroller upon the requisition of the commissioner of public 
works. 

1611. Contracts—how made.] All contracts for the making 
of any public improvement to be paid for in whole or in part by special 
assessment, and any work or other public improvement, when the ex¬ 
pense thereof shall exceed the sum of five hundred dollars, shall be 
let to the lowest responsible bidder, after advertising the same, and 
shall be approved by the mayor; but any such contract may be entered 
into by the said commissioner without advertising for bids, and with¬ 
out such approval, by a vote of two-thirds of all the aldermen elected. 

1612. Improvements by special assessment — contract.] 
Whenever any public improvement shall be ordered by the city coun¬ 
cil, which is to be paid for by special assessment, and the assessment 
for the same shall have been finally confirmed, and one-half of the 
special assessment shall have been paid into the city treasury, the com¬ 
missioner of public works shall advertise in some newspaper printed 
in the city of Chicago, of general circulation, for proposals for doing 
said work: Provided, however, a contract for said work may be made 
before one-half of the assessment is collected, if authorized by a vote of 
two-thirds of all the aldermen elected; Provided, also, when a por¬ 
tion of the work on any public improvement is done by private con¬ 
tract, under the authority of the city council, the remainder of the work 


PUBLIC WORKS. 


339 


upon such public improvement may be let at any time after the assess¬ 
ment thereof shall have been ordered by the city council. A plan 
or profile of the work to be done, accompanied with specifications for 
the doing of the same, shall be first placed on file in the office of said 
department, before any such advertisement shall be made, which said 
plan, profile and specification shall, at all times, be open for public 
inspection; such advertisement shall be published on five separate 
days, the first publication to be not less than ten days before the day 
fixed for opening said proposals, and shall state the work to be done. 

1613. Contracts—bids for.) In all cases, the bids for doing 
any work, or making any public improvement, shall be sealed bids, 
directed to said department, and shall be accompanied with a deposit, 
the amount of which shall be fixed by said commissioner, and named 
in said advertisement, and which shall not exceed five per cent, of the 
estimated cost of the improvement or work to be done, nor be less 
than the sum of one hundred dollars. Said deposit shall be in money, 
or a certified check upon some Chicago bank in good standing, pay¬ 
able to the order of said commissioner, and shall be forfeited to the city 
in the event that the bidder shall neglect or refuse to enter into a con¬ 
tract (with approved sureties) to execute the work for the price men¬ 
tioned in his bid, and according to the plans and specifications, in case 
the contract shall be awarded to him. Said bids shall be opened at the 
hour and place mentioned in said notice; and should said bid or bids 
be rejected, or should it become necessary for any other reason to 
re-advertise for proposals to do said work, such subsequent advertise¬ 
ment may be, at the discretion of said commissioner, for three instead 
of five days, as required in the first instance. Said commissioner may, 
in said advertisement, reserve the right to reject any and all bids. 

1614. Contracts—how let.] All contracts, exceeding in 
amount the sum of five hundred dollars, for work, materials or sup¬ 
plies, relating to any of the matters under the cognizance of the depart¬ 
ment of public works, shall be let by the commissioner of public works 
to the lowest reliable and responsible bidder or bidders, whose bid does 
not exceed the estimate; and bonds, to be approved by the commis¬ 
sioner, shall be taken for the faithful performance thereof; all such 
contracts shall be executed in triplicate by the commissioner of public 
works, on the part of the corporation, and by the contractor; one orig¬ 
inal copy so executed shall be kept and filed in the office of the com¬ 
missioner of public works; one shall be filed in the office of the comp¬ 
troller, and the third shall be given to the contractor. All contracts 
and bonds so taken, shall be in the name of, and run to, the city of 
Chicago; and every contract for a sum greater than five hundred dol¬ 
lars shall have the consent in writing of the mayor endorsed thereon, 

and shall be countersigned by the city comptroller 

1615. Contract — control of.] No contract shall be made tor 
any work or supplies relating to any of the matters within the cogni¬ 
zance of the department of public works, unless such work or supplies 
shall have been authorized by the city council, except that whenever 


340 


GENERAL ORDINANCES. 


any such work or supplies shall be necessary, and the total cost thereof 
shall not, in any one case, exceed five hundred dollars, the commis¬ 
sioner of public works may cause the same to be done or furnished, 
under the supervision of the appropriate officer of the department; but 
no such expenditure shall be made without the written order of the 
commissioner of public works, through his secretary, which order, 
when filled, shall be returned and filed as a voucher in said department, 
with the bill upon which payment was made. 

1616. Contracts—emergency.] In all cases, before such supplies, 
work, materials or necessaries of any kind shall be ordered or pur¬ 
chased by said department, exceeding in amount the sum of two 
hundred dollars, and not more than five hundred dollars, said com¬ 
missioner shall first obtain, in writing, at least three informal bids to 
furnish the same, which said bids shall accompany, and be filed, in 
every case, with the voucher upon which the requisition for payment 
of the same is issued. 

1617. Contracts—essential clauses.] In all contracts executed 
by said commissioner, on behalf of the city, the right shall be reserved 
to said commissioner to finally decide all questions arising as to the 
proper performance of said work; and in case of improper construc¬ 
tion, or of non-compliance with the contract in any manner, to suspend 
said work at any time or to order the partial or entire reconstruction of 
said work if improperly done, or to declare the contract forfeited, and 
to re-let the same without further advertisement; and to adjust the 
difference of damages or price, if any, which the contractor or con¬ 
tractors, failing to properly construct such work in such cases of de¬ 
fault, should pay to the city, according to the just and reasonable in¬ 
terpretation of said contract. 

1618. Contract—reservation of payment.] In cases where the 
contractor or contractors shall proceed to properly perform and com¬ 
plete their said contracts, the said commissioner may from time to time, 
as the work progresses, grant to said contractor or contractors an esti¬ 
mate of the amount already earned, reserving fifteen per centum there¬ 
from, which shall entitle the holder or holders to receive the amount 
that may be due thereon when the money applicable to the payment of 
such work shall have been collected, and the conditions annexed to said 
estimate, if any, shall have been satisfied. 

1619. Water and sewer contracts.] All contracts entered into 
by the said commissioner of public works on account of the water 
or sewerage works of the city shall specify that they are for such works. 

1620. Contracts based on special assessment—condition.] All 
contracts in which the contractor or contractors agree to be paid from 
special assessments shall contain covenants in substance to the effect 
that such contractor or contractors shall have no claim or lien upon 
the city in any event, except from the collection of the special as¬ 
sessments made for the work contracted for; and that no liability of 
any kind shall attach to the city by reason of entering into such con- 


PUBLIC WORKS. 


341 


tract, except for the payment over to such contractor or contractors 
of money received by the city under special assessments levied or to be 
levied for the improvement specified in such contract, and no contract 
for work to be paid for by a special assessment shall be let except to a 
contractor or contractors who will so agree. 

1621. Contractor’s default.] In case the prosecution of any 
public work shall be suspended in consequence of the default of any 
contractor or contractors, or in case the bids for doing such work shall 
be deemed excessive, or the person or persons making proposals are 
not, in the opinion of said commissioner, responsible or fit to be en¬ 
trusted with its performance, the said commissioner of public works 
may, with the approval of the city council, where the urgency of the case 
and the interests of the city require, employ workmen to perform or 
complete any improvement ordered by the city council: Provided, 
that the cost and expense thereof shall in no case exceed the amount 
assessed or the sum appropriated for completing the same. 

1622. Contractor’s liability.] Whenever said commissioner or 
any other city officer shall let any work or improvement which shall 
require the digging up, use or occupancy of any street, alley, highway 
or public ground of said city, there shall be inserted in the contract for 
the same, substantial covenants requiring such contractor, during the 
night time, to put up and maintain such barriers and lights as will effec¬ 
tually prevent the happening of any accident in consequence of such dig¬ 
ging up, use or occupancy of any street, alley, highway or public 
grounds, for which the city might be liable, and also such other coven¬ 
ants and conditions as experience may prove necessary to save the city 
harmless from damages. And also to provide in such contract, that the 
party contracting with the city shall be liable for all damages occasioned 
by the digging up, use or occupancy of such street, alley, highway or 
public grounds, or which may result therefrom, or which may result 
from the carelessness of such contractor, his agents, employes or work¬ 
men. 

1623. Contractor’s bond of indemnity.] Whenever any work 
or improvement is let by contract, to any person or persons, firm or 
corporation, the officers of the city letting the same shall, in all cases, 
take a bond from such person, persons, firm or corporation, with 
good and sufficient sureties, in such amount as shall not only be ade¬ 
quate to insure the performance of the work in the time and manner 
required in such contract, but also to save and indemnify and keep 
harmless the said city against all liabilities, judgments, costs and ex¬ 
penses which may in any wise accrue against said city in consequence 
of the granting of such contract, or which may in any wise result from 
the carelessness or neglect of such person, persons, firm or corporation, 
or his, their or its agents, employes or workmen, in any respect what¬ 
ever; and conditioned also, that when any judgment shall be recovered 
against said city by reason of the carelessness or negligence of such 
person, persons, firm or corporation so contracting, or his, their or 


342 


GENERAL ORDINANCES. 


its employes or workmen, and when due notice has been given of the 
pendency of such suit, such judgment shall be conclusive against such 
person, persons, firm or corporation, and his, their or its sureties on 
such bond, not only as to the amount of damages, but as to their 
liability; and conditioned also for the payment of all claims and de¬ 
mands whatsoever which may accrue to each and every person who 
shall be employed by such contractor, or any assignee or sub-con- 
ti actor of such contractor, in or about the performance of such con¬ 
tract. 

1624. Contract—forfeiture.] It shall be the duty of the com¬ 
missioner of public works, in letting any contract for any sewer, public 
improvement or other work, to insert in the contract therefor a con¬ 
dition to the effect that it shall and may be lawful for said commis¬ 
sioner, whenever he shall have reason to believe that the contractor 
has neglected or failed to pay any sub-contractor, workman, or employe 
for work performed on or about any public improvement, sewer or 
other work contracted for, to order and direct that no further vouchers 

• or estimates be issued, and no further payments be made upon such 
contract until such commissioner shall be satisfied that such sub-con¬ 
tractors, workmen and employes have been fully paid. Every such 
contract shall also provide, that a certain percentage (not less than 
fifteen per centum) shall be reserved out of the moneys earned upon 
such contract, and that such percentage shall not be payable until such 
contractor shall satisfy such commissioner or officer letting such con¬ 
tract that all sub-contractors, workmen and employes have been fully 
paid. 

1625. Payment to sub-contractors and workmen, etc.] When¬ 
ever the commissioner shall notify the contractor by notice per¬ 
sonally served, or by leaving a copy thereof at the contractor’s last 
place of abode, that no further vouchers or estimates will be issued, 
or payments made on the contract until the sub-contractors, workmen 
and employes have been paid, and the contractor shall neglect or re¬ 
fuse, for the space of ten days after such notice shall have been served, 
to pay such sub-contractors, workmen or employes, it shall and may 
be lawful for the city to apply any money due, or that may become 
due under the contract, to the payment of such sub-contractors, work¬ 
men and employes without other or further notice to said contractor; 
but the failure of the city to retain and apply any of such moneys, or 
of the commissioner to order or direct that no vouchers or estimates 
shall issue, or further payments be made, shall not, nor shall the pay¬ 
ing over of such reserved percentage, without such sub-contractor, 
workman or employe being first paid, in any way affect the liability of 
the contractor or of his sureties to the city, or to any such sub-con¬ 
tractor, workman or employe upon any bond given in connection with 
such contract. 

1626. Contract greater than $500.] When the expense of any 
work or public improvement shall exceed the sum of five hundred 


PUBLIC WORKS. 


343 


dollars, and the same is to be paid out of the general fund, or the water 
or sewerage fund of said city, the doing of said work shall be let by 
contract, in the same manner as is provided in cases where the ex¬ 
pense of the same is to be paid for by special assessment. 

1627. Bond schedule of sureties.] In all cases, before the 
letting of any contract, where bonds are required to be taken by the 
commissioner of public works, the sureties therein shall deposit with 
said commissioner a statement, under oath, showing the real property 
owned by each surety, the location of the same, its value, and the 
amount of incumbrance or incumbrances, if any, thereon. 

1628. Special funds—how paid out.] All moneys to be paid 
to any person or persons out of the water or sewerage funds, or any 
special assessment fund, shall be certified by the commissioner of said 
department, or, in his absence from the city, or incapacity, by sickness, 
to act, by the mayor of the city, to the city comptroller, and a warrant 
therefor shall be drawn, stating therein the particular fund to which 
the same is chargeable. 

1629. Interest in contract.] Neither the commissioner of said 
department, nor any superintendent, officer, clerk, or other person em¬ 
ployed in said department shall be interested, directly or indirectly, 
in any contract made and entered into by said department for any work 
or for any material to be furnished, and all contracts made by said 
department in which the said commissioner, or any officer or employe 
of said department, shall be so interested, shall, at the option of the city, 
be declared utterly void, and of no binding effect whatever, and any 
officer of said department interested in any contract shall thereby for¬ 
feit his office, and be removed therefrom on proof of such delinquency, 
and it is hereby made the duty of said commissioner, and of the mayor, 
and of every city officer, to report to the city council any such delin¬ 


quency when discovered. 

1630. Inhibition of profit.] No officer or employe of said de¬ 
partment shall, either directly or indirectly, receive any interest or 
profit whatever, on account of the deposit of the city funds, nor shall 
any such officer or employe, either directly or indirectly, make use of 
or "borrow any of said funds for his own private benefit or advantage. 

1631. Annual report.] Said commissioner shall, on or before 
the first day of May in each year, prepare and present to the city coun¬ 
cil a report showing the receipts and expenditures and entire work of 
his department during the previous fiscal year. 

1632. Annual estimates.] The commissioner of public works 
shall within thirty days after the commencement of each fiscal year 
submit to the comptroller, to be by him laid before the city council 
with his annual estimates, a statement, as near as the same can be 
estimated, of the repairs and improvements to be paid for out of the 
general fund of the city, and necessary to be undertaken by said city 
during the current year, and of the sums required by said department 
to make such repairs and improvements, as near as can be estimated, 


344 


GENERAL ORDINANCES. 


and also, a statement as to any desired improvements, with the prob¬ 
able expense thereof; and of all contracts made and unfinished; and 
the amount of any and all unexpended balances of appropriations of 
the preceding and prior years. Said report shall be in detail. The 
city council, having revised, changed, or altered the estimates so sub¬ 
mitted, may provide for raising the same, in the annual appropriation 
bill or ordinance. 

1633. Power to remove obstructions.] The commissioner of 
public works may direct the removal of any article or thing whatso¬ 
ever, which may encumber or obstruct any street, avenue or alley in 
the city of Chicago, under the penalties prescribed by law. 

1634. Reports.] The commissioner of public works shall, when 
required by the city council, inquire into and report upon any of the 
matters within the cognizance of the department of public works, and 
shall, from time to time, communicate to the city council any informa¬ 
tion or suggestion which he may deem important in relation thereto. 

1635. Rules and regulations.] All subordinate officers, assist¬ 
ants, clerks and employes employed in said department shall be sub¬ 
ject to such rules and regulations as shall be prescribed from time to 
time by said commissioner. 

PERMITS. 

1636. Prerequisite.] Before a permit shall be granted to any 
corporation, company or individual, person or persons, to open ground 
in any street, sidewalk, alley, avenue or public place for any purpose, 
an estimate of the cost of restoring the said street, sidewalk, alley, 
avenue or public place to a condition equally good as before it shall 
have been so opened, with a fair additional sum as margin for contin¬ 
gent damages, shall be made by the commissioner of public works, 
and the applicant for such permit shall deposit the amount so ascer¬ 
tained with the city comptroller, and the permit shall issue to the appli¬ 
cant only on the presentation of the comptroller’s receipt for the same 
to the commissioner. 

1637. Restoration work.] After and as fast as the work pro¬ 
vided for in the permit has been performed, city workmen, under the 
direction of the commissioner of public works, shall follow the em¬ 
ployes of the contractor of the corporation, company or individual, 
person or persons, to whom the permit was issued, and replace and 
restore the street, sidewalk, alley, avenue or public place to a condi¬ 
tion equally as good as they were before being opened under the 
permit. 

1638. Cost advanced— surplus— deficiency.] After comple¬ 
tion of the work to the satisfaction of the commissioner of public 
works, he shall certify to the city comptroller the amount of any sur¬ 
plus remaining from the amount deposited in such case, and said sur¬ 
plus shall thereupon be paid over to the proper claimant. But, if for 
any reason the amount of such deposit shall have been insufficient to 
cover the cost of such work, or if any damage shall have been done to 


PUBLIC WORKS. 


345 


any underground work or connections, or otherwise, not contemplated 
in the original estimate, which shall have caused increased expendi¬ 
ture, the amount of such deficiency or damage shall be certified to the 
city comptroller, who shall collect the same from the corporation, firm 
or individual, person or persons, to whom the permit was issued. 

1639. Record of permits.] The commissioner of public 
works shall keep a record of all permits granted for connections with 
sewers or drains, in which he shall enter the names of all persons from 
whom he may receive money for such permits, with the amount re¬ 
ceived from each person at the time when it was received. 

1640. Permits.] I n all cases where provision is made by or¬ 
dinance that the consent of the commissioner of public works shall 
be obtained to authorize any act to be done, he may grant a permit 
therefor, subject to the restrictions of the ordinances in relation thereto, 
and in cases where the ordinances of annexed cities, towns or villages 
granting privileges and rights in the streets, alleys and public grounds 
for different purposes, contain the provision that the president and 
board of trustees must in each instance grant permission for any spe¬ 
cific work under the ordinances, authority is hereby vested in the com¬ 
missioner of public works to grant such permission in lieu of said 
president and board of trustees. 


ARTICLE II. 

DEPUTY COMMISSIONER OF PUBLIC WORKS. 

1641. Office created—appointment—duty.] There is hereby 
established the office of deputy commissioner of public works, who 
shall be appointed by the mayor and who shall have authority, under 
and subject to the order, direction and control of the commissioner 
of public works, to sign or act for the commissioner of public works, 
and who shall perform such duties as may be required of him by said 
commissioner. 

1642. Bond.] Said deputy commissioner of public works, be¬ 
fore entering upon the duties of his office, shall execute a bond to 
the city of Chicago, in the penal sum of twenty-five thousand dol¬ 
lars, with such sureties as the city council shall approve, conditioned 
for the faithful performance of the duties of his office. 


ARTICLE III. 

SECRETARY TO THE COMMISSIONER. 

1643. Secretary appointed — duties.] The commissioner of 
public works may appoint a secretary, whose duty it shall be to pre¬ 
serve and keep all books and papers belonging to said department, 
or which are required by law to be filed therein. He shall deliver to 



346 


GENERAL ORDINANCES. 


the city council and to the respective departments, all communica¬ 
tions from the said commissioner in writing, and shall attend in the 
office of said department during the usual office hours, and do and 
perform such other services as may be required by said commissioner. 


ARTICLE IV. 

CITY ENGINEER. 

1644. Duties.] The city engineer shall perform such duties as 
may be required of him by the commissioner of public works, or the 
ordinances of the city, and shall also perform all such services in the 
prosecution of public improvements as may require the skill and ex¬ 
perience of a civil engineer. 

1645. Superintendent of works.] He shall have charge of 
the construction and repairing of all bridges, viaducts and water 
works, and shall superintend the laying of all main and supply water 
pipes. 

ARTICLE V. 

SUPERINTENDENT OF STREETS. 

1646. Duties.] The superintendent of streets shall perform such 
duties as may be required of him by the commissioner of public 
works, or the ordinances of the city. 

1647. Charge of streets.] He shall have charge of the im¬ 
provement and repair of all streets, avenues, alleys and highways in 
the city of Chicago, and the construction and repair of all sidewalks. 


ARTICLE VI. 

SUPERINTENDENT OF WATER. 

1648. Duties.] The superintendent of water shall perform such 
duties as may be required of him by the commissioner of public 
works, or the ordinances of the city. 

1649. Water rates—collection.] He shall have special 
charge of the assessment and collection of all water rates or assess¬ 
ments. 

1650. Daily report of moneys received.] Said superintend¬ 
ent shall report to the city treasurer, once in each day, all moneys 
received by him in said department of public works, and at the same 
time pay over to the said city treasurer all such moneys, with a state¬ 
ment of the same, to what account the same belongs, and shall 
take a receipt and duplicate receipt for all moneys so paid over, which 
said duplicate receipt he shall immediately deposit with the said com¬ 
missioner of public works. 


PUBLIC WORKS. 


347 


ARTICLE VII. 

SUPERINTENDENT OF SEWERAGE. 

1651. Duties.] The superintendent of sewerage shall perform 
such duties as may be required of him by said commissioner of pub¬ 
lic works, or the ordinances of the city. 

1652. Sewers — charge of.] He shall have special charge of 
the construction of all public and private sewers and catch basins, 
and the issuing of all permits and licenses in connection therewith. 


ARTICLE VIII. 

SUPERINTENDENT OF SPECIAL ASSESSMENTS. 

1653. Duties—plats.] The superintendent of special assess¬ 
ments shall be ex officio examiner of subdivisions, and it shall be 
his duty to examine all plats and maps of subdivisions of land in the 
city of Chicago, upon presentation of the same to him, and if he 
shall approve of the same, he shall so certify. He shall also per¬ 
form such duties as may be required of him by said commissioner of 
public works, or the ordinances of the city. 

1654. Special assessments.] He shall have special charge of 
all proceedings connected with the making of special assessments, sub¬ 
ject to the directions of the corporation counsel. 


ARTICLE IX. 

SUPERINTENDENT OF MAPS. 

1655. Duties.] The superintendent of maps shall perform 
such duties as may be required of him by said commissioner of public 
works, or the ordinances of the city. 

1656. Record of plats—street numbers.] He shall have spe¬ 
cial charge of all matters pertaining to the keeping of the records of 
maps and plats recorded in the city of Chicago; and of all matters 
pertaining to street numbers; and he shall make all maps and draw¬ 
ings which may be required by said department. 


ARTICLE X. 

\ 

STREET IMPROVEMENTS. 

1657. Notice of special assessment.] At least ten days 
before reporting to the city council any draft of an ordinance contem¬ 
plating a special assessment for any improvement in any street or alley, 
the commissioner of public works shall mail a notice thereof to every 


348 


GENERAL ORDINANCES. 


owner of property abutting on such street or alley, opposite such 
proposed improvement, whose name and address appears on the 
county collector’s general tax warrant then last returned to the county 
clerk of Cook county, Illinois. 

1658. Repealing ordinance—improvement.] Whenever the city 
council has ordered and directed any public improvement, to be paid 
for in whole or in part by special assessment, and any measures or pro¬ 
ceedings have been instituted by the city pursuant thereto, such or¬ 
dinance or direction of the council shall not be repealed, nor the pro¬ 
ceedings thereunder annulled, at the instance of any person or persons 
interested in such assessment until all the expense, cost and disburse¬ 
ment made or entailed upon the city, as estimated and determined by 
the department of public works, shall first be paid into the city treasury 
by the parties assessed or proposed to be assessed for such improve¬ 
ment. 

BRICK PAVEMENTS. 

1659. Quality—specimen.] Whenever any street, avenue, alley 
or other public place shall be ordered paved, or otherwise improved 
with brick, the brick to be used shall be made from pure shale of 
quality equal to that found in Galesburg and Glen Carbon, in the 
State of Illinois, and Canton, in the State of Ohio. 

The dimensions of the brick used shall be the same throughout the 
entire work in any particular case, and shall be not less than eight 
inches nor more than nine inches in length, four inches in depth, and 
not less than two and three-eighths inches nor more than three inches 
in thickness with rounded edges with a radius of three-eighths of an 
inch. Said brick shall be of the kind known as “re-pressed” brick, 
and shall be re-pressed to the extent that the maximum amount of ma¬ 
terial is forced into them. They shall be free from lime and other 
impurities; shall be as nearly uniform in every respect as possible; 
shall be burned so as to secure the maximum hardness; so annealed as 
to reach the ultimate degree of toughness, and thoroughly vitrified so 
as to make a homogeneous mass. 

Any firm, person or corporation bidding for the work to be done 
shall furnish specimen brick, which shall be submitted to a “water 
absorption” test, and if such brick show a water absorption exceeding 
two per centum of their weight when dry, the bid of the person, firm 
or corporation so furnishing the same shall be rejected. Such water 
absorption test shall be made by the commissioner of public works of 
the city of Chicago, in the following manner, to-wit: Not less than 
three bricks shall be broken across, thoroughly dried, and then im¬ 
mersed in water for seventy-two hours. The absorption shall then be 
determined by the difference between the weight dry and the weight 
at the expiration of said seventy-two hours. 

Five specimen brick shall also be furnished by each bidder for sub¬ 
mission to the “abrasion” test by the commissioner of public works; 
such test shall be made in the following manner, to-wit: Such sped- 


PUBLIC WORKS. 

h. 


349 


men brick, or so many of them as may be required by the commis? 
sioner of public works, shall be submitted to a test for one hour in the 
machine known as a “rattler,” and if the loss of weight by abrasion 
during such test shall exceed eight per centum of the original weight 
of the bricks tested, then such bid shall be rejected. 

The specimen brick submitted by the different bidders shall be sub¬ 
jected to the same test without any discrimination in favor or against 
any of the bidders. All bricks used must be equal in every respect to 
the specimens submitted by the bidder to the commissioner of public 
works for test. 

ASPHALT PAVEMENT. 

1660. Pitch Lake—Trinidad. ] It shall be the duty of the com¬ 
missioner of public works, in reporting all ordinances which he may 
hereafter submit to the city council for improving streets, avenues 
and alleys with sheet asphalt, to specify in such ordinances that the as* 
phaltum to be used shall be equal in quality, for paving purposes, to 
that obtained from Pitch Lake in the Island of Trinidad. 

MATERIAL AFFIDAVIT. 

1661. Contractor to make affidavit.] There shall here¬ 
after be inserted in all contracts and specifications for street improve¬ 
ments a provision that before the final estimate is issued and final pay¬ 
ment made upon such contract, the contractor shall deliver to the com¬ 
missioner of public works, his sworn, written statement of the amount, 
kind and quality of the several materials required, that were delivered 
upon and incorporated into the work, and no final estimate, nor final 
payment shall be made by the city, or any of its officers, until such 
sworn statement shall have been furnished, as aforesaid, and verified 
by the department of public works through the reports of its inspect¬ 
ors, or otherwise. 

1662. False statement.]! JAny person, firm or corporation that 
shall make or furnish any false statement as to the matters aforesaid, 
shall thereafter be debarred from again bidding upon city contracts, 
or furnishing materials therefor, and it shall be unlawful for any city 
officer to let or award any contract for a public improvement to any 
such person, firm or corporation. 

1663. Inspectors to report.] All inspectors of this city, on 
such work, shall keep and return to the commissioner of public works 
an accurate account and report of the quantity and quality of all mate¬ 
rials incorporated in such work, and the same shall be compared by 
the commissioner of public works with the sworn statement above re¬ 
quired, and such sworn statement and inspector’s reports shall there¬ 
after be preserved by said commissioner. 

1664. Reservation as to right of city.] Nothing in the 
last three preceding sections shall be deemed to abridge or restrict in 
any way the right of this city to inspect, or dig up for inspection, any 


350 


GENERAL ORDINANCES. 


street to determine whether the work thereon has been done according 
to contract, and the proper quantity and quality of materials used 
therein. 

EXCAVATIONS 

1665. Permit—boring' prohibited.] No person or corpora¬ 
tion shall, without an express permit in writing previously obtained 
in each and every instance from the commissioner of public works, 
place any shaft, cable, pipe, main, conduit, wire or other transmitting 
or conducting device underneath the surface of any street or alley in 
the city of Chicago by driving the same through the earth under¬ 
neath the surface of any such street or alley, or by boring or tunnel¬ 
ing underneath any such street or alley, or in any other manner than 
by excavating from the street or alley surface. 

1666. Penalty.] Any person or corporation violating, or aiding, 
or promoting a violation of the foregoing section shall be fined not 
less than fifty dollars nor more than two hundred dollars for each of¬ 
fense, and a further penalty of fifty dollars a day for each day the said 
underground device laid in violation of this ordinance is permitted 
to remain in the street. 

1667. Power of commissioner.] All shafts, cables, pipes, 
mains, conduits, tubes, wires or other transmitting or conducting 
devices at any time laid or placed underneath the surface of any such 
street or alley in any manner forbidden by this ordinance, shall be 
promptly removed or cut out by the commissioner of public works. 

DISPLACING PAVEMENTS. 

1668. Limited to two blocks.] It shall be unlawful *to open or 
tear up any of the paved streets of the city for any greater distance 
than two blocks in extent at any one time, for the purpose of laying 
railroad tracks, car tracks, gas pipes, sewers, telegraph or telephone 
cables, or the repairs of the same, or other purposes other than laying 
down new pavements. The pavement of the first block opened shall be 
temporarily re-laid and the debris removed before opening another 
block of the street in which the work is being prosecuted. The commis¬ 
sioner of public works shall provide the necessary rules governing the 
repairs of paved streets under this and other ordinances, so that the 
pavements shall be absolutely replaced in as good order as before 
being disturbed, the earth packed solid and pavement laid even with 
the adjacent blocks or other material, within three weeks after it is 
first torn up. 

ARTICLE XI. 

WATER MAINS. 

1669. Cost advanced by property owners.] The commis¬ 
sioner of public works may extend water mains where the owners 


PUBLIC WORKS. 


351 


of the property, or persons desiring such extension, shall advance and 
pay into the city treasury a sum of money equal to the entire cost 
thereof; and whenever, upon a proper survey, it is shown that a per¬ 
manent annual revenue of ten cents per lineal foot is being derived 
from said water mains, then said money so advanced as aforesaid 
shall be repaid to the person or persons so advancing the same; Pro¬ 
vided, however, if the money so advanced is not paid back within 
two years, interest at the rate of five per cent, per annum shall be 
allowed after the expiration of said two years, until paid. 

1670. D.uty of Commissioner.) Whenever an ordinance is 
hereafter passed by the city council for the filling, grading, curbing 
and paving of any street, it shall be the duty of the commissioner of 
public works to ascertain whether the street or streets upon which 
such improvement is ordered contains a sufficient number of houses 
to pay a permanent annual rental to the city of ten cents per lineal 
foot for every foot of water pipe laid on said street or streets, and 
if such commissioner finds that said water pipe will pay such revenue 
to the city, he shall at once notify the city council, as hereinafter 
provided. 

1671. Extension of water mains.] It shall be the duty of the 
commissioner of public works, wherever he shall deem it necessary 
or advisable to lay or extend any water main in the city of Chicago, 
and before he shall cause the same to be laid or extended, to report 
to the city council the proposed location and extent of the same, to¬ 
gether with the size of pipe necessary or advisable to be laid, and the 
probable expense thereof. No water main shall be laid or extended 
by the commissioner of public works, unless upon an order of the 
city council directing the laying or extension of the same, fixing the 
location thereof, the size of the pipe to be used, and the maximum 
cost of the same; Provided, however, that nothing in this article con¬ 
tained shall be construed to apply to the laying or extension of water 
mains where provision shall have been made for paying for the same 
by special assessment, or where the cost of the same shall be paid by 
private individuals who shall by agreement wait for reimbursement 
until a permanent annual revenue shall have been derived therefrom, 
as herein provided, or to cases of repairing or relaying mains already 
laid, where the same shall have burst or otherwise become out of 
repair. 

1672. Special assessment for water mains.] Whenever 
any special assessment shall be collected by or for the city of Chi¬ 
cago for the purpose of laying or extending any water main within 
said city, there shall be repaid out of the moneys in the city treasury 
to the credit of the water fund, to the person or persons to whom the 
special assessment receipt shall be given, or upon his or their order, 
upon production of the original receipt, the amount for which any 
such receipt was given (less the rebate previously paid, if any, and 
less the proportionate share of the cost of making and collecting such 
special assessment), when from the surplus of the net income from 


352 


GENERAL ORDINANCES. 


the water rates not otherwise appropriated or pledged, there is in the 
city treasury sufficient money therefor, and when the city comptroller 
shall so certify; Provided, however, that no such money shall be re¬ 
paid unless the permanent annual water rates derived by reason of 
the laying of said water main for which any such receipt was given, 
in part or in whole, shall at the time of said proposed re-payment, 
per annum equal at least ten cents per lineal foot of main so laid and 
for which such special assessment was paid. 

ARTICLE XII. 

BUREAU OF STREET AND ALLEY CLEANING. 

1673. Bureau created.] There is hereby established a division 
of the department of public works of the city of Chicago to be known 
and designated as the bureau of street and alley cleaning, which shall 
embrace the superintendent of said bureau, and such other inspectors 
and employes as the council may by ordinance prescribe and es¬ 
tablish. 

1674. Superintendent—appointment—term—duty.] There is 

hereby created the office of superintendent of street and alley clean¬ 
ing, who shall be the head of said bureau of street and alley cleaning, 
and who shall be appointed by the mayor, by and with the advice and 
consent of the city council, on the first Monday in May, 1897, and 
biennially thereafter, and until his successor shall have been appointed 
and qualified. He shall have, subject to the supervision of the com¬ 
missioner of public works, the management and control of all things 
pertaining to said bureau of street and alley cleaning, including the 
removal and disposition of dirt, filth, litter, garbage, ashes, manure, 
offal, swill, dead animals and other material from the streets and alleys 
of the city of Chicago. Said superintendent before entering upon the 
duties of his office shall execute a bond to the city of Chicago in the 
sum of twenty-five thousand dollars, with such sureties as the city 
council shall approve, conditioned for the faithful performance of the 
duties of his office. 

1675. Duties.] Said superintendent shall have the power, and 
it shall be his duty, subject to the supervision of the commissioner of 
public works and subject to the ordinances of the city of Chicago, to 
remove or cause to be removed from the streets, alleys and public 
places in the city of Chicago, all dirt, filth, litter, garbage, ashes, ma¬ 
nure, offal, swill, dead animals and other material, and to keep such 
streets, alleys and public places in a clean and wholesome condition. 
It shall be his duty, subject to the supervision of the commissioner of 
public works, to see that the ordinances of the city prohibiting or re¬ 
lating to the throwing or casting of dirt, filth, litter, garbage, ashes, 
manure, offal, swill, dead animals and other materials in any street, 
alley, or place in the city, are enforced, and that violations thereof are 


PUBLIC WORKS. 


353 


prosecuted. It shall also be his duty and he shall have the power, 
subject to the supervision of the commissioner of public works, to re¬ 
move or cause to be removed, garbage, ashes, offal, filth or litter, or 
other nauseous or unwholesome things or substances from lots, 
grounds, or places of deposit thereof, and cause all dead animals to be 
removed, and disposed of in the manner prescribed by the ordinances 
of the city, and the regulations of said department of public works. 

1676. Subordinates—removal.] Said superintendent shall have 
the power to suspend any subordinate officer, clerk, or employe and, 
with the approval of the commissioner of public works and the mayor, 
to discharge him from his employment. All orders or directions eman¬ 
ating from said bureau shall be issued in the name of said super¬ 
intendent. 

1677. Contractors—supervision.] It shall be the duty of said 
superintendent, subject to the supervision of the commissioner of 
public works, to see that all contracts for work connected with said 
bureau are faithfully observed and carried out by the contractors. 

1678. Powers—expenditure of money— wards.] Said super¬ 
intendent, subject to the supervision of the commissioner of public 
works, shall have the charge and conduct of the cleaning and sweeping 
of all streets in the city of Chicago, and of the removal and disposition 
of all sweepings or refuse arising from the same. He shall also, under 
like supervision, have the charge and conduct of the cleaning of all 
alleys in the city of Chicago, and the removal and disposition of all 
garbage, ashes and other refuse arising from the same. He shall, 
under like supervision, determine the times and manner in which said 
work shall be done, and all other matters regarding the same. All 
moneys appropriated for the purposes of said bureau shall be expended 
under his direction, subject to the approval of the commissioner of 
public works: Provided, that the portion of the tax paid for that pur¬ 
pose by the respective wards toward the cleaning of the streets lying 
within such wards shall be expended only for that purpose; and, in 
no event shall the taxes received for that purpose from one ward be 
applied toward cleaning the streets lying within another ward. 

1679. Powers as to contracting.] Whenever it is found ab¬ 
solutely necessary to do the work by contract, proposals for any such 
work in charge of said bureau shall be invited by advertisement, in the 
official newspaper of the city of Chicago, which said advertisement 
shall be published for ten consecutive days. The bids for doing such 
work shall be sealed bids, directed to the department of public works, 
and shall be accompanied with five hundred dollars in money or a cer¬ 
tified check, payable to the city of Chicago for that amount, upon some 
bank in good standing, doing business in the city, to be forfeited to 
the city in the event that he or they shall neglect or refuse to enter 
into a contract to perform the work for the price mentioned in his or 
their bid. Said bids shall be opened at the hour and place mentioned 
in said notice; and, should said bid or bids be rejected, or should it 

23 


354 


GENERAL ORDINANCES. 


become necessary for any other reason to re-advertise for proposals 
to do said work, such advertisement shall be published for three in¬ 
stead of ten days as required in the first instance. In said advertise¬ 
ment, the right to reject any and all bids shall be reserved. Said bids 
shall be opened and passed upon and awarded or rejected by the com¬ 
missioner of public works and said superintendent, and in case they do 
not agree, then the mayor shall decide any such matter of disagree¬ 
ment. All contracts for such work, when the expenses thereof exceed 
the sum of five hundred dollars, shall be let to the lowest responsible 
bidder and shall be approved by the mayor and the city comptroller. 

1680. Contractor’s bond.] The person or persons, firm or cor¬ 
poration to whom any such contract shall be awarded, shall execute 
and deliver a bond, with good and sufficient sureties, in such amount 
as shall not only be adequate to insure the performance of the work 
in the time and manner required in such contract but, Also, to save, 
indemnify and keep harmless the city of Chicago against all liabilities, 
judgments, costs and expenses, which may in any wise come against 
said city in consequence of the granting of such contract, or which may 
in any wise result from the carelessness or neglect of such person, per¬ 
sons, firm or corporation, or his, their or its agents, employes or work¬ 
men, in any respect whatever; and conditioned, also, that when any 
judgment is recovered against said city by reason of the carelessness or 
negligence of such person, persons, firm or corporation so contracting 
or his, their, or its employes or workmen, and when due notice has 
been given of the pendency of such suit, such judgment shall be con¬ 
clusive against such person, persons, firm or corporation, and his, 
their, or its sureties on such bond, not only as to the amount of dam¬ 
ages, but as to their liability; and conditioned also for the payment 
of all claims and demands whatsoever which may accrue to each and 
every person who shall be employed by said contractor or anv as¬ 
signee or sub-contractor of such contract, in or about the performance 
of said contract. 

1681. Forfeiture of contract.] In all contracts executed on 
behalf of the city, the right shall be reserved to the commissioner of 
public works and said superintendent to finally decide all questions 
arising as to the proper performance of said work and, in case of im¬ 
proper performance, to suspend said work at any time, forfeit the con¬ 
tract and to re-let the same to some more capable and faithful con¬ 
tractor or contractors. They shall have the right to adjust the differ¬ 
ence of damages or price, if any, which the contractor or contractors, 
failing to properly perform such work, should pay to the city accord¬ 
ing to the just and reasonable interpretation of said contract. All such 
contracts shall contain a covenant that such difference may be recov¬ 
ered at law in the name of the city, before any court of competent 
jurisdiction, from such contractor or contractors. 

1682. Estimates—reserve.] In cases where the contractor 
or contractors shall proceed to properly perform and complete their 


PUBLIC WORKS. 


355 


said contracts, the said superintendent may, from time to time as the 
work progresses, grant the said contractor or contractors an estimate 
of the amount already earned, reserving fifteen per centum therefrom, 
which, when approved by the commissioner of public works, shall en¬ 
title the holder or holders to receive the amount that may be due 
thereon when the money applicable to the payment of such work shall 
have been collected and the conditions imposed by said estimate, if 
any, shall have been satisfied. 

1683. Lack of bidders—contractor’s default.] In case the 
prosecution of any such work shall be suspended in consequence 
of the default of any contractor or contractors, or in case the bids for 
doing such work should be deemed excessive, or such person or per¬ 
sons making such proposals are not responsible or proper persons to 
be entrusted with its performance, the said superintendent may, sub¬ 
ject to the supervision of the commissioner of public works, where the 
urgency of the case and the interests of the city require, employ work¬ 
men to perform or complete such work: Provided, that the cost and 
expense thereof shall in no case exceed the amount appropriated for 
such purpose. 

1684. Annual report.] Said superintendent shall annually 
furnish to the commissioner of public works a full and compre¬ 
hensive statement of all matters pertaining to said bureau, during the 
year, and of all expenditures from appropriations for the bureau, to¬ 
gether with an estimate in detail of the appropriation required by the 
bureau during the next municipal year. 

1685. Contracts and bonds run to city.] All contracts 
for work in charge of said bureau, and all bonds taken in relation 
thereto, shall be made to and in the name of the city of Chicago. 

SUPERVISION OF HEALTH DEPARTMENT. 

1686. Removal of garbage, etc.] In all matters relating 
to or affecting the collection, removal or disposal of garbage, offal, 
refuse or other matter injurious to the public health, by the bureau 
of street and alley cleaning, said bureau and all officers and employes 
thereof shall be regarded as a part of the health department, and shall 
be subject to the supervision and direction of the commissioner of 
health, or of the acting head of the health department for the time 
being. In case question shall arise at any time in said bureau, or in 
the department of public works, or the department of health, respect¬ 
ing the proper jurisdiction to which said bureau is subject in any in¬ 
stance, and the heads, for the time being, of the department of public 
works and the department of health are unable to agree concerning 
such question, it shall be referred to the mayor and be conclusively 
determined by him. 


356 


GENERAL ORDINANCES. 


ARTICLE XIII. 

HOURS OF LABOR. 

1687. Eight hours—contract to provide for.] Eight hours shall 
constitute a legal day’s work upon all work performed under any 
contract entered into with the city of Chicago, and in all said contracts 
there shall be an express provision that eight hours shall constitute 
a day’s labor on all work performed under such contract, and that the 
contractor or contractors shall not permit the persons employed on 
such work to work over eight hours per day, except in case of emer¬ 
gency, and that any violation of such provision of the contract will 
authorize the commissioner of public works or other official entering 
into the contract to forfeit the same. The provisions of this section 
shall not apply to work required under said contract to be done at the 
factory, foundry or shop of the contractor or contractors, but shall 
only apply where the employe or laborer is engaged directly upon the 
work required by the contract. 

1688. Eight hours — city employes.] Eight hours of labor 
between six o’clock a. m. and six o’clock p. m. shall be and con¬ 
stitute a legal day’s work for all employes performing manual labor 
for the city of Chicago, and working within its corporate limits. The 
provisions of this section shall not be construed to apply to or govern 
the police or fire departments, or any department or workshop where 
constant operation is necessary; Provided, however, that in all cases 
of necessity or emergency, superintendents, foremen or others in au¬ 
thority are hereby authorized to work their employes such number of 
hours as such necessity or emergency may require. But for all labor 
performed in excess of eight hours in any one day such laborer or em¬ 
ploye shall be entitled to and shall receive pay at the rate of time and 
one-half for all such labor performed. 

ARTICLE XIV. 

LAMPS. 

1689. Department of public works in control.] The depart¬ 
ment of public works shall have charge and control of and shall erect 
all lamp posts and lamps, and street-signs designating the names of 
the streets, which shall be placed on said lamps. 

1690. Post-office boxes.] The post-office department, under 
the direction of the commissioner of public works, is hereby granted 
permission to attach and fasten post-office boxes to the public lamp 
posts in this city; and any person or persons who shall deface or in any 
way injure any such post-office box shall, for each offense, be subject 
to a fine of not less than twenty-five dollars nor more than one hun¬ 
dred dollars. 

1691. Penalty for extinguishing light.] No person, unless 


PUBLIC WORKS. 


357 


authorized by the respective contractors for lighting the streets, shall 
at any time light or extinguish or cause to be lighted or extinguished 
any public lamp which such contractor is or shall be required to light, 
under theii contract made with the city, under a penalty of not more 
than ten dollars for each offense; and any and every contractor shall 
be liable to a like fine of not more than ten dollars for wilfully neglect- 
mg to light any lamp according to contract. 

1692. Injury to lamp.] Any person breaking, mutilating or 
obstructing any of the public lamps in the city of Chicago shall be 
liable to a penalty of not more than ten dollars for each offense. 

1693. Removal of lamp posts.] No person, without permis¬ 
sion of the commissioner of public works, shall take up, remove or 
carry away any public lamp post in the city of Chicago, under the 
penalty of not more than fifty dollars for each offense. 

1694. Same subject.] No person shall remove or cause or per¬ 
mit to be removed any public lamp post now or hereafter to be placed 
in front of his premises, for any purpose whatsoever, without the per¬ 
mission of the commissioner of public works; and every such person 
shall cause the lamp posts so removed to be re-set at his own expense 
under the direction of said commissioner, immediately upon notice 
from said commissioner so to do, under the penalty of not more than 
twenty-five dollars for each offense. 

1695. Hitching to lamp post.] Any person who shall carelessly 
or maliciously break, deface or in any way injure or destroy any public 
lamp or lamp post in this city, or climb upon, or hitch any horse or 
other animal to any public lamp post, or hang or place any goods or 
merchandise thereon, or place any goods, boxes, wood or any other 
heavy material upon or against the same, shall be liable to a penalty of 
not more than ten dollars for each offense. 


ARTICLE XV. 

* SEWERS AND DRAINS. 

1696. Charge of sewers and drains—cleansing, etc.] All sew¬ 
ers and drains in any of the streets, alleys, avenues or public places 
in the city shall be under the charge of the department of public 
works, and they shall be kept in good order and condition, and clean 
and free from obstructions, and the commissioner of public works 
shall cause to be made such repairs thereof, and of the receiving basins, 
culverts, and openings connected therewith, as may from time to time 
become necessary. 

1697. Sewer connections—permit.] The commissioner of pub¬ 
lic works shall prescribe the mode of piercing or opening any of the 
sewers or drains, and the form, size and material of the connections 
made therewith, and shall have authority to grant permission to make 
lateral connections with said sewers. 


358 


GENERAL ORDINANCES. 


1698. Sewer connections—indemnity.] No connection shall be 

made with any sewer or drain without the written permission of the 
commissioner of public works; nor shall any person drain from 
any point within the limits of the city of Chicago, into 
the Chicago river or any of its branches, or into any slip connect¬ 
ing therewith, or into any canal or canals constructed 
under the authority of said city, without first obtaining a permit for 
such drainage from said commissioner of public works; and said com¬ 
missioner is hereby authorized to grant such permits, and to exact a 
license fee therefor, to be fixed by said commissioner, which said 
license fee shall be equal to an amount sufficient to defray the ex¬ 
pense imposed upon the city, in consequence of granting such permis¬ 
sion. And any person making any connection or opening into any 
sewer or drain, or draining from any point within the city limits into 
the Chicago river or its branches, or into any canal or canals as afore¬ 
said, without such permission, or in a manner different from the mode 
prescribed by said commissioner, shall subject the person making 
the same and the person directing it, respectively, to a penalty of not 
more than fifty dollars, and a further penalty of twenty-five dollars 
for each and every day the same is continued. 

1699. Sewer connections — how authorized.] The com¬ 
missioner of public works may grant permission to persons to con¬ 
struct, at their own expense, sewers or drains, to lay pipes to connect 
with any sewers or drains built in any of the streets, alleys or avenues 
in the city, charging a license fee therefor of five dollars in each 
case; but such permission shall not be granted except upon the agree¬ 
ment, in writing, of the persons applying therefor, that said work will 
be performed by some person or persons duly licensed therefor, and 
that they will comply with the ordinances in relation to excavating 
the streets; that they will indemnify the corporation for any damages 
or costs to which it may be put by reason of injuries resulting from 
neglect or carelessness in performing the work so permitted; and that 
no claim will be made by them or their successors in interest against 
the corporation, or for exemption from an assessment lawfully im¬ 
posed for constructing sewers or drains in the vicinity of their 
property; and upon the further condition that the city council may at 
any time revoke and annul such permission, and direct such sewers, 
drains, or pipes to be taken up or removed. 


CHAPTER LV. 


RAILWAYS. 


ARTICLE I. 

STREET RAILWAYS. 

1700. Track laying-permit.] It shall not be lawful for any 
person or corporation to lay any railroad track or tracks in or upon any 
of the streets, avenues, alleys or other public places within the city 
of Chicago, without first procuring a permit therefor, in writing, from 
the commissioner of public works. 

1701. Permit—contents—fee.] Such permit shall be issued 
by the commissioner of public works in accordance with the terms 
of the respective ordinances under which the said tracks may be 
authorized to be laid, and shall specify in full the terms and condi¬ 
tions under which the same shall be constructed. For every such per¬ 
mit there shall be paid to the city the cost of issuing the same and the 
expense of causing the construction under said permit to be superin¬ 
tended by the department of public works. 

1702. Penal clause.] Any person or corporation laying any 
track or tracks in violation of this article or without complying with 
the terms of the permit herein required shall be subject to a penalty not 
less than one hundred dollars nor more than two hundred dollars 
and to a further penalty of one hundred dollars a day for every day any 
such track or tracks shall remain in any such street, avenue, alley or 
other public place, where the same shall have been laid without said 
permit or in violation of the terms thereof. 

1703. Gauge of railway.] The gaugeof all street railroads in the 
city of Chicago, now laid or hereafter to be laid, is hereby fixed at 
four feet eight and one-half inches. 

1704. Rails —form of, etc.] All rails which shall hereafter be 
laid on any street railroad track on the streets, alleys or other public 
grounds of the city of Chicago shall be tram rails, having a profile, 
taken crosswise of the rail, such as is shown on the sketch following, 
marked “A”: 



359 







360 


GENERAL ORDINANCES. 


The width of said rail from outside to outside shall be five inches; 
the width of the tram shall be three inches horizontal; the height 
along the wagon edge* or the height from the tram to the highest 
part of the rail, shall not be more than seven-eighths of an inch; the 
upper part of the rail shall be laid below the level of the surface of 
the street, and the whole manner of constructing said railways, so as 
to carry out the provisions of this article, shall be under the direc¬ 
tion of the commissioner of public works. 

1705. Track not to obstruct vehicles—repair of streets.] Said 
companies shall keep the tracks of their respective roads in such a 
condition that said tracks shall not at any time be elevated above the 
surface of the streets on which they are laid, so that vehicles can easily 
and freely at all times cross said tracks at all points, in any direction, 
without obstruction; they shall also keep in good repair such portions 
of the streets as they severally have agreed or may agree with said 
city so to keep in repair. 

1706. Enforcement of above provision—book for complaints.] 

The commissioner of public works shall see that the provisions of the 
last section are complied with, and shall require inspectors of side¬ 
walks and foremen of street labor to report to said commissioner all 
cases that come to their knowledge of any neglect or failure of any 
of said companies so to comply. Said commissioner shall also keep 
a book, accessible to the public, in which any resident in said city may 
enter complaint of the condition of said tracks, or the streets in which 
the same are laid. 

1707. Failure to comply—notice.] Whenever said companies 
or either of them shall neglect or fail to comply with the provisions 
of section 1704, the commissioner of public works shall cause a notice 
to be served upon such company or companies, requiring the track 
or tracks or part of track or tracks, or the portions of the streets re¬ 
quired to be kept in repair by such company or companies mentioned 
in such notice, to be put in the condition required by said section, 
within five days after the service of such notice. 

1708. Failure to comply—penalty.] Either of said companies 
who shall neglect or fail to put their track or tracks or part of track 
or tracks, or any portion of the streets mentioned in such notice, in 
the condition required by section 1704, within five days after the 
service of such notice, shall forfeit and pay not less than one hundred 
dollars and not more than two hundred dollars for every day such 
neglect or failure shall continue after the expiration of said five days; 
and the said commissioner shall report every such case to the attorney 
for the city, who shall immediately prosecute the offending company 
to judgment and execution before any court of competent jurisdic¬ 
tion. 

1709. Conductor on each car.] It shall be unlawful for any of 
the street railway companies of the city of Chicago to suffer any car 
to be run on any of the streets, or any portion or part thereof, in the 


RAILWAYS. 


361 


said city at any time, unless the same shall be in charge of and under the 
control of some competent conductor, who shall be a person other than 
the driver of said car. For each and every violation of the provisions 
of this section, the said companies, or either of them, shall be subject 
to a fine of not less than ten dollars nor exceeding one hundred dollars. 

1710. Stopping in front of fire engine house prohibited.] 
It shall be unlawful for any person,'firm or corporation engaged in 
the occupation of operating and running street cars for the conveyance 
of passengers within the city of Chicago, however operated, or any 
person in charge of any such car, grip car or electric car, to permit or 
allow any such car to stand in front of, or to permit any passenger to 
get on or off of any such car, in front of any public fire engine house, 
truck, hose or chemical house, within the corporate limits of the city 
of Chicago. 

For each and every violation of the provisions of this section the 
person, firm or corporation violating the same shall be. subject to a 
penalty of not less than twenty-five dollars nor more than fifty dollars. 

1711. Watchmen at steam railway crossings.] It shall be 
the duty of all street railway companies operating cars by electricity 
as a motive power within the corporate limits of the city of Chicago 
to place a watchman at each intersection of a steam railway track. 
For each and every violation of the provisions of this section, said com¬ 
panies, or either of them, shall be subject to a penalty of not less than 
ten dollars nor more than twenty-five dollars. 

1712. Cars to be numbered—signal lights.] All street rail¬ 
way cars shall be distinctly numbered both inside and outside, and 
the cars of different routes running in part on the same track shall 
be distinguished by a difference of color, so far as practicable, and 
shall have appropriate lettering to indicate the streets or routes upon 
which the same run; and in the night shall, in all cases, be suf¬ 
ficiently distinguished by the form or color of the signal light, and 
have signal lights in the sides as well as front, so as to prevent the 
cars of different routes being mistaken for each other. 

1713. Right of way—penalty of obstructing.] The cars shall 
have the right to the track as against any person, carriage, vehicle or 
incumbrance put, driven or being thereon with a view to delay or em¬ 
barrass the progress of the cars; and no person shall obstruct the 
said tracks, or obstruct or prevent the cars from running or progress¬ 
ing thereon by placing, driving or stopping or causing to be driven 
at a slow pace or stopped, any vehicle or other obstacle in, upon 
across, along or near said track in the way of any car, if there shall 
be an opportunity to turn off, after being notified by the ringing of the 
car bell, under a penalty of five dollars. 

1714. Use of damaged car prohibited.] No car shall be used by 
any of the city railway companies upon their respective routes which 
has a broken window, door, step or insufficient fastening, or is other¬ 
wise damaged, longer than during the day such break, insufficient fas¬ 
tening or damage may occur. 


362 


GENERAL ORDINANCES. 


1715. Street sprinkling—penalty.] The several street railway 
companies having their railway tracks located in and along the dif¬ 
ferent streets within the city of Chicago shall, from and after the first 
day of May and during and until the first day of November in each and 
every year, keep moistened and well sprinkled with water the several 
streets within the city of Chicago upon and along which they, or either 
of them may use or operate their respective railway tracks. And each 
and every of such street railway companies shall, for each and every 
day they or any of them shall fail to comply with the provisions of 
this section, be liable to a penalty of not less than twenty-five dollars 
nor exceeding one hundred dollars. 

1716. Removal of street accumulations.] The several street 
railway companies at any time operating railroad tracks on and along 
the surface of any of the streets, avenues or allevs of the city of Chi¬ 
cago are hereby respectively required to remove all dirt, snow and other 
accumulations from so much of the surface of each street, avenue, or 
alley now or hereafter containing any of their railway tracks, as lies 
between the two outermost rails of such tracks, and also from 
such additional surface in width as may be prescribed in any or¬ 
dinance relating to or affecting any such street, avenue or alley, and 
shall respectively clean such portions of said street, avenue or alley 
and remove entirely from and out of such street, avenue or alley all 
such dirt, snow and accumulations at least once in each week, and as 
much oftener as the commissioner of public works shall in writing 
direct; such dirt, snow and accumulations to be removed and disposed 
of in accordance with the ordinances of the city in relation to the re¬ 
moval of street cleanings, and subject to the rules and regulations of 
the department of public works in that behalf. 

1717. Penalty for failure to remove, etc.] Any street railway 
company operating a street railway upon or along the surface of any 
street, avenue or alley in the city of Chicago, which shall refuse or 
neglect to clean any part of a street, avenue or alley as required by the 
last preceding section hereof, shall upon conviction thereof, be fined 
in a sum not less than fifty dollars, nor more than two hundred dollars 
for each and every case of such refusal or neglect. 

1718. Car heating—months named.] All persons, firms, com¬ 
panies or corporations owning, managing or conducting any street 
railway cars within the city of Chicago shall cause the same to be 
heated, sufficiently to make them comfortable for the transportation 
of passengers, at all times while in operation during the months of 
October, November, December, January, February, March and April 
of each year. 

1719. Penalty.] Any person, firm, company or corporation fail¬ 
ing to comply with the provisions of the last preceding section hereof 
shall be subject to a fine of not less than twenty-five nor more than one 
hundred dollars for each car operated in violation of this law, and each 
day of the operation of such car shall be considered a separate offense. 


RAILWAYS. 


363 


1720. Stoppages—where made.] Street cars shall stop to re¬ 
ceive and to let off passengers at the intersections of streets, and in 
such manner as when stopped not to interfere with the travel on cross 
streets, and in blocks more than five hundred feet in length they shall 
stop, when so desired, to receive and to let off passengers at the middle 
of such blocks. Each team of horses hitched to a street car shall have 
a bell or bells attached to them. Rules regulating the running of cars 
and stopping for passengers must be posted in a conspicuous place in 
each car, and must be in letters of such size as to be easily read from 
any part of such car. 

1721. Running time — regulations.] There shall be at all 
times when practicable between the hours of six o’clock a. m. and 
twelve o’clock at night, from the fifteenth of November to the first of 
May, and the hours of five o’clock a. m. and twelve o’clock p. m. in 
the other months, cars running on the respective routes of all street 
railway companies, as the public shall require, under the penalty of 
not less than twenty-five dollars for each and every violation of this 
section. 

1722. Night cars on Madison and Van Buren streets.] The 

West Chicago Street Railroad company shall run a car every 
twenty minutes between the hours of twelve o’clock midnight and six 
o’clock a. m., on Madison street, between State street and West 
Fortieth street, and on East and West Van Buren streets, on 
each and every day of the week, including Sundays. Said cars to 
receive and let off passengers at the intersection of streets, in the 
same manner as the cars operated and run by said company between 
the hours of six o’clock a. m. and twelve o’clock midnight. The 
said West Chicago Street Railroad company shall be liable to a pen¬ 
alty of twenty-five dollars for each violation on their part of any pro¬ 
vision of this section. 

1723. Rate of fare — continuous trip — transfer.] The 

rate of fare to be charged by any person, firm, company or corpora¬ 
tion owning, leasing, running or operating street cars or other vehicles 
for the conveyance of passengers on any street railway within the 
limits of the city of Chicago for any distance within the city limits 
shall not exceed five cents for each passenger over twelve years of 
age, and half fare for each passenger over seven and under twelve 
years of age, for one continuous trip, except when such street cars 
or other vehicles shall be chartered for a specific purpose. And, at 
any point where any line of any street railway owned, leased or 
operated by any person, firm or corporation does now or shall here¬ 
after, within the limits of the city of Chicago, join, connect with, cross, 
intersect or come within a distance of two hundred feet of any other 
line of street railway owned, leased or operated by the same person, 
firm, company or corporation, any passenger who shall have paid his 
fare on any street car or other vehicles run or operated on such 
first mentioned line shall, on his request, be entitled to demand and 
receive from the person or persons in charge of such street car or 


364 


GENERAL ORDINANCES. 


other vehicle upon which he has so paid his fare a transfer ticket, 
which transfer ticket shall entitle such passenger, without further 
charge, to be carried on any other one line adjoining, connecting, 
crossing and intersecting, as aforesaid, and owned, leased or operated 
by such person, firm or corporation, for a continuous trip of any dis¬ 
tance within the limits of the city of Chicago, if used within one hour 
after the same is issued at the point or place for which such transfer 
ticket was issued. 

1724. Notice of ordinance in car.] Each and every car 

or other vehicle subject to the provisions of this ordinance shall be pro¬ 
vided on the inside with two or more conspicuous notices contain¬ 
ing so much of the last preceding section thereof, relating to transfer 
tickets, as may be necessary. 

1725. Violation of ordinance.] For each and every violation 
of the provisions of the two last preceding sections, the person, firm, 
company or corporation owning, leasing or operating said street cars 
or other vehicles within said city shall be subject to a penalty of not less 
than fifty dollars nor more than two hundred dollars. 

1726. Penal clause.] The said companies, when no other or 
different penalty is herein provided, shall be liable to a penalty of fifty 
dollars for any violation on their part of any provision of this article; 
and any conductor, driver or other person violating any provision of 
this article when no other or different penalty is herein provided, 
shall be liable to a penalty of not less than five dollars; and it shall 
be the duty of the police to enforce the provisions of this article. 


ARTICLE II. 

STEAM RAILWAYS. 

1727. Speed of trains.] No railroad corporation shall by itself, 
agents or employes, run any passenger train upon or along any railroad 
track within the corporate limits of the city of Chicago at a greater 
rate of speed than ten miles an hour; nor shall any such corporation by 
itself, agents or employes, run any freight car or cars upon or along 
any railroad track within said city at a greater rate of speed than six 
miles per hour. 

Note: See article III of this chapter. 

1728. Stopping at crossings—limitation.] No railway com¬ 
pany, railroad engineer, train conductor or other person shall cause 
or allow any locomotive engine, car or cars or train of cars, to stop 
in or remain upon^ny street and railroad crossing within said city, 
at which by the provisions of this article, a flag-man is ordered to be 
stationed and kept, for a longer period than five minutes at any one 
time, nor upon any other street and railroad crossing in said city for a 
longer period than five minutes: Provided, however, that in case a 
collision should take place at any or either of the crossings aforesaid, 


RAILWAYS. 


365 


reasonable time shall be allowed to remove any obstruction that may be 
caused thereby. 

1729. Street crossings — obstructions.] Should any street 
and railroad crossing in said city be and remain occupied and ob¬ 
structed in whole or in part by any train of railroad cars for and 
during the period of five minutes, it shall be the duty of each and every 
railroad company upon whose line of road such obstruction may oc¬ 
cur, their agents or employes, on or before the expiration of said 
five minutes, when from any cause the entire train cannot be propelled 
or removed to any one side of any street occupied and obstructed as 
aforesaid, to cause such cars as may be on or near said crossing to be 
uncoupled, and some one division of the train as thus made removed 
from off the aforesaid street and railroad crossing in such manner as 
to leave said street entirely free and unobstructed five minutes, and said 
train, when again coupled, shall be removed forthwith from off any 
such crossing as aforesaid. 

1730. Lights at night.] Every locomotive engine, railroad car 
or train of cars running in the night time on any railroad track in 
said city, shall have and keep, while so running, a brilliant and conspic¬ 
uous light on the forward end of such locomotive engine, car, or train 
of cars. If such engine or train be backing, it shall have a conspic¬ 
uous light on the rear car or engine, so as to show the direction said 
car is moving. 

1731. Loading and unloading on streets—Switch-house.] No 
company, corporation or person shall be allowed to deposit or place 
in the street, any lumber or other material, nor shall they load or un¬ 
load any car from the street, nor erect or maintain any switch-house or 
other building, upon any street, highway or alley within the city limits, 
except by the written permission of the commissioner of public works. 

1732. Whistles—use limited.] No railroad company shall cause 
or allow the whistle of any locomotive engine to be sounded within 
the city, except necessary brake signals, and such as may be absolutely 
necessary to prevent injury to persons, and to property other than 
their own, and that in their possession as freight. 

1733. Bells to be rung.] The bell of each locomotive engine shall 
be rung continually while running within said city, except locomo¬ 
tives running upon the railroad tracks situated east of Indiana avenue, 
on the shore of Lake Michigan, between Twenty^second street and 
Park row in said city, where no bell shall be rung or whistle blown, 
except as signals of danger. 

1734. Signboards at entrance of city.] Each railroad company 
running on any railroad within said city, shall erect at the entrance 
of such railroad within the city, a signboard, having thereon the words 
“stop speed,” “ring bell,” legibly painted thereon, and keep the same 
so erected. 

1735. Superintendent to furnish employes with copy of or¬ 
dinance, etc.] Each superintendent of any railroad shall furnish each 


366 


GENERAL ORDINANCES. 


engineer and train conductor of any railroad running within the city 
a certified or printed copy of this and the succeeding article, and shall, 
moreover, furnish to any officer of said city applying therefor the name 
of any person in the employment of said railroad company who shall 
have been charged with having violated any of the provisions of this 
article. 

1736. Steam—escape of prohibited.] No railroad company or 
person in charge of any locomotive engine shall cause or allow the 
cylinder cock or cocks, safety valve or other valves of any locomotive 
engine to be opened so< as to permit steam to escape therefrom at any 
time while running upon or along any railroad track, or where the 
engine is within one hundred feet of any street or railroad crossing 
or viaduct; Provided, however, that when such engine shall be standing 
at such point in said city, and for six revolutions of the driving wheel 
after being put in motion, the said cocks may be opened for the pur¬ 
pose of allowing condensed steam to escape. 

1737. Street—obstruction by empty car.] Any railroad com¬ 
pany or railroad corporation who shall by themselves, their agents 
or employes, or any agent or employe of any railroad company or 
railroad corporation who shall cause or allow any empty railroad car 
or cars to be detached from any locomotive engine and left to re¬ 
main upon any street or sidewalk and railroad crossing within said 
city, for a longer period than five minutes, shall be fined in the sum 
of ten dollars for each and every consecutive five minutes any such 
railroad car or cars detached as aforesaid shall be so permitted to re¬ 
main on such street, sidewalk or railroad crossing. 

1738. Trains to stop at Clark and Sixteenth streets.] Every 
railroad train or locomotive approaching Clark street in either 
direction upon any of the railroad tracks crossing said street near 
and north of Sixteenth street, in the city of Chicago, shall be brought 
to a full stop before passing over said Clark street and after having 
reached a point within one hundred feet thereof, and no such train 
or locomotive shall proceed to cross said Clark street until said street 
is clear for it to cross, and until it shall have been properly signaled 
to cross by a flagman on duty at the crossing. 

1739. Penalty for not stopping.] Every railroad engineer, 
fireman, conductor, flagman or other railroad officer or employe who 
shall be guilty of violating the requirements of the foregoing section, 
by causing or aiding or inducing any train or locomotive to cross 
said Clark street without coming to a full stop, and being permitted 
to proceed after the crossing is clear, as herein provided, shall be sub¬ 
ject to immediate arrest, and shall be fined not less than twenty-five 
dollars nor more than two hundred dollars for each such offense. 

1740. Bumping posts at terminus.] Every corporation, firm 
or person owning or operating any railroad track, switch, side 
track or turnout on which cars may be operated or moved by steam 
power, which said track runs toward and stops within fifty feet of any 


RAILWAYS. 


367 


public street, alley or place, or any public or private building or 
property, shall be required to establish and forever maintain sub¬ 
stantial bumping posts or other suitable obstruction at the end of 
such track, to prevent the cars from being hurled from said track 
upon or against any such public or private street, alley, building or 
property. 

A failure to comply with the provision of this section shall sub¬ 
ject the offender upon conviction to a penalty of not less than 
ten dollars and not more than one hundred dollars for each offense, 
and a further penalty of five dollars per day for each day any track 
situated as aforesaid shall be permitted to remain without such bump¬ 
ing post, after one conviction as aforesaid. 

1741. Flagmen at crossings.] All railroad companies whose 
track or tracks cross or intersect any of the streets in the city of 
Chicago east of the west line of Western avenue, or north of the 
south line of Thirty-ninth street, and also at all crossings of street or 
horse railways shall station, keep and maintain at all times at their 
own expense, at each and every of said street and railroad crossings, a 
flagman, whose duty it shall be to signal persons traveling in the di¬ 
rection of any or either of the crossings and warn them of the ap¬ 
proach of any locomotive engine, or any impending danger. 

1742. Gates at crossings—viaducts.] Whenever, on any street 
crossed by the track or tracks of any railroad company, the city coun¬ 
cil shall deem it necessary to require said railroad company to pro¬ 
vide protection against injury to persons and property at such cross¬ 
ing by the erection and maintenance of gates, guards or other pro¬ 
tection, or the construction of a viaduct, said city council may, by 
resolution, so declare and direct that any such railroad company own¬ 
ing, leasing or operating the line of road at such crossing shall, with¬ 
in a certain time, to be fixed by the mayor and commissioner of public 
works, erect, construct and maintain a sufficient safeguard at such 
crossing, specifying the kind of 'protection to be erected, con¬ 
structed and maintained as aforesaid, whether it be a gate or gates, or 
viaduct or other efficient protection; and it shall be the duty of the 
commissioner of public works to serve upon the said railroad company 
named in said resolution, a certified copy thereof, within thirty days 
after the passage of said resolution, and at the same time to notify the 
said railroad company, in writing, of the time fixed by the mayor and 
said commissioner, within which the protection so ordered shall be 
constructed. 

1743. Gates—construction and operation of.] Every railroad 
company owning, leasing or operating a line of road whose track or 
tracks shall cross any street, alley or public way shall, when notified 
by the commissioner of public works, as provided in the foregoing sec¬ 
tion, erect, construct and maintain, on each side of said tracks, gates 
that shall provide protection against injury to persons and property at 
such crossing, which gates, on each side of said track, shall open and 
close simultaneously, and shall at all times be operated together. And 


368 


GENERAL ORDINANCES. 


where more than one company owns, operates or leases a road or 
roads whose track or tracks cross the same street, parallel to each 
other, where the line or lines of the different companies are not farther 
apart than forty feet, said companies so owning, leasing or operating 
said lines crossing said streets parallel to each other shall unite and 
place two gates, one at each side of said railroad crossings, in such 
manner that the whole space occupied by all said roads so operated 
shall be enclosed, and both said gates shall be opened and closed si¬ 
multaneous^ And said gates shall be operated day and night. 

1744. Failure to erect gates, etc. — penalty.] Whenever 
any railroad company shall have been directed by the city council to 
erect, construct and maintain at any street crossed by its track or 
tracks, any gate or gates, viaduct or other protection as provided in 
the last two preceding sections, every such company shall within the 
time prescribed by the mayor and commissioner of public works, erect, 
construct and thereafter maintain the protection specified in said reso¬ 
lution, under the penalty of two hundred dollars for every offense, 
and each and every ten days after the expiration of the time so 
fixed for the construction of such protection any such company shall 
refuse or neglect to proceed to the erection and construction of the 
kind of protection specified in such resolution shall constitute a new 
and distinct offense. 

1745. Erection of gates, etc. — cost — supervision.] Every 
such gate, guard, viaduct and the approaches thereto, or other pro¬ 
tection, when so ordered as aforesaid, shall be erected and constructed 
at the sole cost and expense of said railroad company, under the 
supervision of the commissioner of public works, and the same shall 
forever thereafter be kept and maintained by such railroad company in 
proper repair and condition, at its own cost and expense, and without 
expense or cost to the city of Chicago, under the supervision of the 
commissioner of public works, and to his satisfaction. 

1746. Making up trains — transfer, as between tracks.] 
No train of a greater length than seven hundred feet shall be moved 
for the purpose of transferring said train, or any part of it, to another, 
or opposite, or adjoining track or tracks, in making up trains or dis¬ 
tributing the same; Provided that no such train or trains shall be com¬ 
posed of more than twenty cars. Any railroad company or railroad 
corporation, or the yardmaster or agent of such railroad company or 
corporation, who shall violate the provisions of this section, shall, upon 
conviction, be fined for the first violation one hundred dollars, and for 
each succeeding violation the sum of two hundred dollars. 

1747. General penal clause.] Any railroad company or rail¬ 
road corporation which shall, of itself, or by or through any of its 
agents, servants or employes, or any other person, violate or fail to 
observe any of the foregoing provisions of this article, or any agent 
or yardmaster of any railroad company or railroad corporation, or any 
other officer, who shall violate or fail to observe the same, shall for 
each violation or failure to observe the same, where no other penalty 


RAILWAYS. 


369 


is imposed, be fined in a sum not less than twenty-five dollars nor ex¬ 
ceeding one hundred dollars, to be recovered in any court of compe¬ 
tent jurisdiction. 


ARTICLE III. 

REGULATING SPEED ON ENCLOSED TRACKS. 

1748. City districted for the regulation of speed.] For the pur¬ 
pose of fixing the rates of speed at which railroad companies may 
operate trains, locomotive engines or cars, within the corporate limits 
of the city of Chicago, said city is hereby divided into districts which 
are severally numbered and described as follows: 

The first district shall embrace all that portion of the city which 
is bounded on the south by the center line of Thirty-first street, on the 
west by the center line of Western avenue, on the north by the center 
line of Fullerton avenue and on the east by Lake Michigan. 

The second district shall embrace all that portion of the city which 
lies between the boundary line of the first district and the following 
lines: On the south, the center line of Fifty-first street extended, on 
the west, the center line of West Fortieth street; on the north, the cen¬ 
ter line of Belmont avenue; on the east, Lake Michigan. 

The third district shall embrace all that portion of the city lying be¬ 
tween the outer boundary of the second district and the boundary lines 
of the city. 

1749. Regulation of speed.] It shall be unlawful for any per¬ 
son, firm, company or corporation, its agents, servants or employes, 
to operate or run within the limits of the city of Chicago, trains, en¬ 
gines or cars at any speed greater than the rates herein named, to wit: 
Passenger trains and light or disconnected engines in the first dis¬ 
trict, twenty miles per hour; in the second district, twenty-five miles 
per hour, and in the third district thirty miles per hour. Freight trains, 
in the first district, six miles per hour; in the second district, nine miles 
per hour, and in the third district, twelve miles per hour. Switch 
engines and cars being moved in making and breaking up trains, 
in any district, nine miles per hour; Provided, that the length of all 
trains shall be subject to the provisions of section 1746 , of this chapter. 

1750. Walls or fences to be constructed—gates and signals.] 
Every person, firm, company or corporation owning, leasing or op¬ 
erating a steam railroad within the corporate limits of the city of 
Chicago, shall, within such time as may be prescribed by the mayor/ 
and commissioner of public works, construct, or cause to be con¬ 
structed, on each side of its tracks, and in such place with reference 
thereto as the mayor and commissioner of public works shall approve 
or direct, except where public streets shall intersect or cross the same, 
substantial walls or fences of such material, design, proportion and 
height as shall be determined and approved by the mayor and commis¬ 
sioner of public works, and shall erect and maintain gates and signal 

24 


370 


GENERAL ORDINANCES. 


bells and other safety appliances, operated from towers, or by other 
reliable means, satisfactory to the mayor and commissioner of public 
works, for the purpose of giving due and timely warning of the ap¬ 
proach of trains, cars or engines at all such street and public cross¬ 
ings within the corporate limits of the city, as may be designated 
by the mayor and commissioner of public works, which gates, 
bells and other safety appliances shall be of such material, kind, de¬ 
sign and proportion as shall be satisfactory to the mayor and com¬ 
missioner of public works, and shall be maintained and operated by 
such device, and by competent attendants in charge thereof at all hours 
of the day and night, and whenever two or more lines of railroad 
tracks shall run upon a common right of way, or parallel to and near 
each other, along or across any street, alley or public place, the mayor 
and commissioner of public works shall have the right to provide that 
gates shall be constructed which shall enclose all or any number of 
such parallel tracks, which gates, so enclosing such parallel tracks, 
shall be operated simultaneously as to all such tracks so enclosed. And 
all persons, firms, companies or corporations owning, operating or 
leasing any railroad in said city of Chicago shall also sufficiently light 
all portions of their tracks crossing any street, alley, park or public or 
private way, in such manner and at such places as shall be satisfactory 
to the mayor and commissioner of public works. And in the event 
that any such person, firm, company or corporation owning, leasing 
or operating any railroad shall fail or neglect to construct such walls 
or fences and provide for the lighting of their tracks as herein re¬ 
quired, and to erect, maintain and operate such gates, signal bells, 
or other safety appliances along its or their tracks, and at the street 
crossings thereof, within sixty days from the time of the passage of 
this ordinance, then the city of Chicago at its election may cause the 
same to be erected, constructed, completed and maintained at the 
expense of such person, firm, company or corporation, and such person, 
firm, company or corporation shall be liable to and pay the city of 
Chicago the whole cost and expense thereof. 

1751. Indemnity to city—rights reserved.] Any person, firm, 
company, corporation, or lessee who may erect or operate under and 
by virtue of the provisions of this article any walls, fences, towers, 
signals, or other devices or appliances upon, along, across, or over 
any public street, alley, place, park, or private way, shall be held liable 
and pay all legal damages that may arise from or by reason of any of 
the provisions of this article, or any acts of such person, firm, com¬ 
pany, corporation, or lessee done in compliance with this article, and 
shall save and keep harmless the city of Chicago from all damages, 
costs and expenses incurred by said city by reason of any act of any 
such person, firm, company, lessee, or corporation, or any act or 
acts growing out of or resulting from the provisions of this article, 
and the construction and maintenance of any wall, fence, gate, or 
other structure, or the enclosure of any railroad track or tracks under 


RAILWAYS. 


371 


the provisions of this article, or the enclosure of any street, alley, 
lane, park, or public or private way, or any portion thereof, shall 
not be held as a waiver or a release of the jurisdiction or the rights 
or the full authority of the city of Chicago over any and all such 
property, streets, alleys, parks, or private or public ways. 

1752. Bell to be rung.] Every engineer, fireman, or employe 
of any person, firm, company, or corporation owning or operating a 
railroad within the limits of the city of Chicago, in charge of any en¬ 
gine, shall be required to ring the bell of the engine at all streets 
and public crossings within the corporate limits of the city of Chicago. 

1753. Reservation of rights.] Nothing herein contained or no 
act of any person, firm, company or corporation by reason of the pro¬ 
visions of this article shall be held, or construed to be in the nature 
of a contract between the city and any person, firm, company, corpo¬ 
ration or lessee, owning, controlling or operating any railroad, nor 
shall any provision of this chapter be construed to release any per¬ 
son, firm, company or corporation from any obligation now existing 
or which may hereafter be imposed by the city of Chicago to con¬ 
struct or build viaducts, to raise or lower their tracks, to construct 
sub-ways or to abolish grade crossings at any or all streets within 
said city when ordered so to do by the city council, and nothing herein 
shall be construed to create any obligations upon the part of any 
railroad company to construct any viaduct, or to create any new lia¬ 
bility against any railroad, except as provided by the terms of this 
article. And nothing in this article contained shall commit the city 
of Chicago to any permanent plan or system for the operation of rail¬ 
road cars, engines or trains, or the protection of the public on streets 
or at street crossings, or the regulation and control and supervision 
of railroad tracks, but the city reserves the right to alter, amend or 
repeal any provisions herein contained, or to exercise full control 
and supervision over the operation of all railroads within the city of 
Chicago the same as if this article of this ordinance had not been 
passed. 

1754. Section 1727 in force, when.] It is expressly provided 
that section 1727 of this chapter shall remain in full force and effect 
until the walls, fences, gates and appliances provided for by this arti¬ 
cle shall be constructed and in operation ; Provided, however, that the 
mayor and commissioner of public works shall have the right to 
allow any person, firm, company or corporation to avail themselves 
of the privileges of this ordinance providing for the rate of speed for 
the running of their trains, cars or engines whenever such person, 
firm, company or corporation shall have constructed and commenced 
operating the gates as herein required; Provided, further, if said may¬ 
or and commissioner of public works shall be satisfied that such per¬ 
son, firm, company or corporation is proceeding as rapidly as practica¬ 
ble to comply with all the provisions and conditions contained in this 
article, and whenever in their opinion it shall be deemed expedient and 
proper to grant such permission; Provided, however, that any permit 


372 


GENERAL ORDINANCES. 


i 


granted under the provisions of this section shall be subject to revoca¬ 
tion at any time the mayor and commissioner of public works shall so 
elect. 

1755. Penalty.] Any person, firm, company or corporation 
owning, leasing or operating any railroad, who shall, by themselves, 
their agents or employes, violate, or fail, or neglect to observe any of 
the provisions of this article shall, for each violation thereof, or for 
each train or engine which shall be run in conflict with the provisions 
ot this article, be fined in any sum not less than fifty dollars nor 
exceeding two hundred dollars, to be recovered in any court of com¬ 
petent jurisdiction; Provided, further, that every day any such per¬ 
son, firm, company or corporation shall fail or neglect to construct 
the walls, fences, gates or structures herein provided for, after the 
time the same have been required by this article, shall be held and 
considered a separate offense. 


ARTICLE IV. 

MISCELLANEOUS PROVISIONS. 

1756. Lights at crossings.] All steam railroad companies and 
all street railway companies, whether such street railways be operated 
by cable, electricity, horse power or otherwise, whose track or tracks 
cross or intersect at grade any of the streets within the limits of the 
city of Chicago, shall and they are hereby required to provide at their 
own expense proper and sufficient lights and care for the same at all 
such crossings or intersections. Such lights shall be of such kind 
as may be approved by the commissioner of public works: Provided, 
however, that the provisions of this section shall not require a light to 
be placed at any crossing where the commissioner of public works 
shall deem the same unnecessary by reason of such crossing being 
already lighted. 

1757. Penalty.] Any failure to comply with the provisions of 
the last preceding section hereof shall subject the company so offend¬ 
ing, upon conviction of such offense, to a penalty of not less than ten 
dollars nor more than one hundred dollars for each offense, and a 
further penalty of five dollars for each day during which any crossing 
or intersection situated as aforesaid shall be permitted to remain with¬ 
out such lights after one conviction as aforesaid. 

1758. Removal of snow from tracks— conditions — penalty.] 
When it shall become necessary, in order to prevent a stoppage of travel 
upon any street railway or steam railroad occupying any portion of 
any of the streets or avenues of the city of Chicago, to remove the snow 
from the tracks thereof to the roadway outside of said tracks, it shall 
be lawful for the company or companies operating said tracks to re¬ 
move the snow to said roadway outside of said tracks upon the fol¬ 
lowing conditions: That the cross walks, leading from the side- 


RAILWAYS. 


373 


walks to said tracks, shall be cleared of the snow so removed from said 
tracks, and the snow removed as aforesaid from said tracks to said 
roadway shall be leveled down. It shall be the duty of the commis¬ 
sioner of public works, whenever the snow so removed from said 
tracks to said roadway tends to prevent access to the stores and 
dwellings along the route of said railway or railroad, to notify said 
company or companies owning or operating said tracks, to remove the 
same, designating in such order the location of the snow so to be re¬ 
moved, and also designating some convenient place in the Chicago 
river, or upon the lake shore, where the same may be deposited ; Pro¬ 
vided, however, that said company or companies may deposit said 
snow on any other lot or lands they may acquire for such purpose. 

Any company or companies neglecting or refusing to comply with 
any such order of said commissioner, within two days after such 
order shall have been delivered to it or them, shall be fined in a sum 
not less than twenty-five dollars nor more than two hundred dollars, 
and a further and continuing penalty of one hundred dollars for each 
twenty-four hours, after said two days, during which said snow is 
allowed to remain in said roadway. 

1759. Changing from] steam [to electric power prohibited.] 
No railroad corporation or company operating a surface railroad by 
steam power shall hereafter operate the same by electric power, 
either by the overhead contact system or otherwise, within the city 
of Chicago, without first obtaining authority and permission there¬ 
for from the city council of the city of Chicago. 

1760. Electric wires, etc., prohibited without permit.] No 
railroad corporation or company operating a surface railroad shall 
hereafter erect any poles or string wires thereon, along, upon or 
across any public street, alley, highway, or other public place in the 
city of Chicago for the purpose of conveying a*n electric current to 
operate its railroad cars, unless it has obtained permission and 
authority from the city council of the city of Chicago for that pur¬ 
pose. 

1761. Penalty.] Any railroad corporation or company violating 
any of the provisions of the two preceding sections of this article 
shall be subject to a penalty of not less than one hundred dollars nor 
more than two hundred dollars, and a further penalty of one hundred 
dollars a day for each day such poles or wires shall be maintained as 
aforesaid. 

1762. Police to report violations.] It shall be the duty of the 
police to daily report all violations of laws, ordinances and regulations 
appertaining to railroads or other public conveyances to the superin¬ 
tendent of police. 

ARTICLE V. 

ELEVATED RAILROADS. 

1763. Elevated railroads—street intersections—light.] All rail- 


374 


GENERAL ORDINANCES. 


road companies whose track or tracks cross or intersect any of the 
streets within the limits of the city of Chicago above the level of such 
streets shall, and they are hereby required to provide, at their own 
expense, proper and sufficient lights and care for the same at all such 
crossings or intersections underneath the track or tracks of said rail¬ 
road companies. Said lights shall be subject to the approval of the 
commissioner of public works. 

1764. Penalty.] A failure to comply with the provisions of the 
last preceding section hereof shall subject the offender, upon con¬ 
viction, to a penalty of not less than ten dollars nor more than one 
hundred dollars for each offense, and a further penalty of five dollars 
for each day during which any crossing or intersection situated as 
aforesaid shall be permitted to remain without such lights after one 
conviction aforesaid. 


CHAPTER LVI. 


RIVER. 

1765. Obstruction in river.] Every pile, timber or stone which 
may have been or shall be driven, placed or laid or projected in, along 
or across the Chicago river or its branches below low water mark, 
or any water line which may be established by the city council for the 
purposes of a wharf or otherwise, is hereby declared a nuisance; and 
every person who shall drive or place any pile, timber or stone as 
aforesaid, or be the owner of any premises on which the same shall 
be so driven, placed or erected, shall be subject to a fine of not less 
than twenty dollars and not exceeding one hundred dollars for every 
violation hereof, and shall also be subject to a penalty of twenty dol¬ 
lars for every three days such nuisance shall continue after notice to 
abate the same. 

1766. Anchor dragging.] Hereafter, all vessels, crafts or floats 
navigating the Chicago river, or either of the branches thereof, or any 
of the slips on said river, or either of said branches, whether using 
steam or otherwise, are expressly prohibited from dragging their 
anchors in any part of the Chicago river, or either of its branches 
or slips. 

1767. Same subject.] All tugs engaged in towing vessels or 
crafts in the Chicago river, its branches, or slips connecting therewith, 
are hereby prohibited from towing any vessel or craft of any descrip¬ 
tion while its anchor or anchors are dragging on the bottom of 
said river or anv of its branches or slips. 

1768. Penalty.] Any person or persons, having charge or 
control of any such vessel, craft, tug or float, who shall violate any 
of the provisions of this chapter, shall be liable to a fine of not less 
than fifty dollars nor exceeding one hundred dollars for each and 
every violation; and all such persons, as well as the owner or owners 
of such vessels, crafts, tugs or floats, shall be liable for all damages 
accruing by reason of the violation of this chapter, or any of the 
sections or provisions thereof. 


375 


CHAPTER LVII. 


RUNNERS AND PORTERS. 

1769. License—fee—bond.] Any person of good moral char¬ 
acter on application to the mayor in writing shall be entitled to a 
license to act as public porter and runner, upon his executing for the 
use of the city of Chicago a bond with two or more good and suffi¬ 
cient sureties, to be approved by the mayor, in the penal sum of five 
hundred dollars, conditioned to observe and keep all ordinances upon 
this subject, and upon the payment of the sum of twelve dollars per 
annum and no other fees: Provided, that all licenses issued or 
granted under this article shall expire or be renewed on the first day of 
Mav in each and every year. 

1770. Transfer—hotel keeper’s liability.] The keeper or keep¬ 
ers of any hotel or public house who shall have obtained a license 
for any porter or runner in his, her or their employ, may at his, her 
or their option have the same revoked, and be entitled to another for 
the remaining portion of the year for which such license shall orig¬ 
inally have been granted without additional charge or fee therefor: 
Provided, that no such license shall be changed or transferred to any 
other hotel or public house without an order from the mayor for that 
purpose first had and obtained and that no more than one porter or 
runner shall be employed to solicit custom or patronage at any rail¬ 
road depot or station respectively in this city. Each and every 
keeper or proprietor of any such hotel or public house shall be per¬ 
sonally liable for each and every violation of this article or any clause 
thereof, when committed by any porter or runner in his, her or 
their employ, or who shall be acting under the license granted to any 
such hotel or public house keeper or proprietor, or either of them, 
for the use of such hotel or public house. 

1771. License—badge.] No person shall act as porter or run¬ 
ner, either for himself or any public house or hotel, or in any manner 
act in that capacity, or ask the patronage or custom of any traveler or 
other person for any public house, hotel, steamboat, canal-boat, pro- 
pellor, transportation company, stage company, or canal line, at any 
railroad depot or station, steamboat landing, canal-boat, propellor 
dock or landing, or other place of business, or at the place of business 
of the person or persons, company, line or corporation by whom he 
shall be employed, unless he shall first obtain a license or be furnished 
with one by the person or persons, company, line or corporation for 
whom he is acting, according to the provisions hereof; nor unless he 
shall when so acting as public porter or runner, as aforesaid, wear 
conspicuously upon his breast a metal badge, to be obtained from the 

376 


RUNNERS AND PORTERS. 


377 


city clerk, upon which shall be printed or engraved, in legible letters, 
the number of the license of the said porter or runner. 

The said metal badge shall not be less than three and one-half 
inches in length nor less than two inches in width and of a different 
design for each year. And no person in said city shall in any manner 
act as a runner for any public house, hotel, company, boarding house 
or person unless such runner shall present to the person or persons 
solicited, a card, plainly printed in the English language, containing 
the name of the person, company or place, and the business and loca¬ 
tion of the company, person or place for whom such runner may be 
acting, and if he be a runner for a boarding house, hotel or other 
place of entertainment, such card shall contain also the price of lodg¬ 
ing and of board by the day, by the week, by the single meal, and the 
price of conveyance of persons and baggage to and from such board¬ 
ing house, hotel or other place of entertainment, conspicuously printed 
on such card or bill. 

Note: See section 16, concerning free badges, under preceding chapter. 

1772. Touting for vehicles.] No person shall at any railroad 
depot or station, steamboat, canal-boat, propeller, dock or landing, 
or other place in this city, ask or solicit any traveler or other person 
or persons to ride in or use any hackney coach, cab, omnibus or other 
vehicle which runs for hire and for the conveyance of passengers, 
unless he or they shall have a license for that purpose first had and 
obtained: Provided, that nothing herein contained is intended to 
prevent the owner or licensed driver of any licensed hackney coach, 
cab or omnibus from notifying any person that his hackney coach, cab 
or omnibus is licensed, and runs for hire for the conveyance of pas¬ 
sengers. 

1773. Prohibiting touting.] No person shall, as a runner or 
porter at any place or any railroad or railway grounds, or on any street 
adjacent thereto, ask, solicit or engage any person to repair to any 
steamboat, railroad or other public conveyance, excepting such agents 
for other railroads, steamboats or other public conveyances as may be 
authorized thereto by the person having charge of the said passenger 
houses respectively; and persons so authorized shall, at all times when 

* on duty, wear appropriate badges designating their employment: 
Provided, that the provisions of this section shall not apply to any 
licensed hackman asking or soliciting custom for his hack while 
wearing the badge specified in section 530. 

1774. False representations.] No porter or runner shall at 
any time or place make use of any device, deceit, imposition or false 
representation in relation to the charge of fare, character, custom or 
location of any public house or hotel, private house, street, place of 
business, locality or number whatever in said city, or in relation to 
the time or place of the arrival or departure of any vessel, boat, stage, 
railroad car or train or other conveyance, to any stranger, non-resi¬ 
dent or citizen, or in any other manner use any deceit as to the arrival 
or departure of any stage, steamboat, railroad car or train, or other 


378 


GENERAL ORDINANCES. 


conveyance, or as to any locality, place, name or number, or be guilty 
of any misrepresentation or evil practice toward any emigrant or other 
person. 

1775. Porter’s charges.] Public porters shall be entitled to 
charge for each trunk or package which they may carry twelve and 
a half cents for any distance not exceeding one-fourth of a mile, and 
twenty-five cents for any distance exceeding one-fourth of a mile; 
and no public porter shall demand or exact any greater sums than 
are herein permitted. 

1776. Creating disturbance.] No porter or runner shall at any 
time or place when engaged in his employment make any unusual 
noise or disturbance, or make use of profane, obscene or boisterous 
language, or use any language or be guilty of any act calculated to 
disturb the public peace or the good order of the city, or harass, vex 
or disturb strangers or citizens. 

1777. Police—arrest.] Any member of the police force shall 
have power to arrest and commit any porter or runner for examination 
who shall be engaged in the commission of any act prohibited by this 
article. They shall also have power to give any directions which may 
be required for the preservation of the peace, or the convenience of 
the public at any railroad termination, steamboat or other public 
landings, and no person shall refuse to obey any such directions, nor 
resist such officer in the discharge of any duty. 

1778. Penalties.] Any person who shall violate any section or 
any clause or provision of this chapter, or shall fail to perform any act 
or thing required hereby, shall, on conviction, be fined not less than 
five dollars nor more than one hundred dollars, and if committed by 
any such licensed porter or runner herein provided for, his license 
may be revoked, in the discretion of the mayor. 

( 


* 


/ 




CHAPTER LVIII. 

CORPORATE SEAL. 

1779. Seal adopted—described.] The seal heretofore pro¬ 
vided and used byi and for the city of Chicago, the impression on 
which is a representation of a shield (in red, white and blue) with a 
sheaf of wheat in the center (in gold), a ship in full sail on the right 
(in gold), a sleeping infant on the top, lying on its back in a shell (in 
silver), an Indian with bow and arrow on the left (in copper), stand¬ 
ing on promontory (in green), and with the motto “Urbs in Horto” 
(in gold, on red flowing ribbon) at the bottom of the shield, with the 
inscription, “City of Chicago; Incorporated 4th March, 1837” (in 
a gold), within a (blue) ring around the outer edge of said seal, which 
seal represented as aforesaid, with or without colors, shall be and is 
hereby established and declared to have been and now to be, the seal 
of the city of Chicago. For general use the plain impression in white 
of the figures given above shall be sufficient. 



379 


CHAPTER LIX. 


SECOND-HAND DEALERS AND KEEPERS OF JUNK SHOPS. 


ARTICLE I. 

SECOND-HAND DEALERS. 

1780. License, how granted.] The mayor may grant licenses 
to such persons as shall produce to him satisfactory evidence of good 
character, to exercise or carry on the business of dealing in second¬ 
hand furniture, clothes or other articles, in the said city. 

1781. License fee.] Every person receiving a license as a sec¬ 
ond-hand dealer shall pay therefor to the city collector for the use of 
the city the sum of fifty dollars annually. 

1782. Bond.] Every person so licensed shall at the time of receiv¬ 
ing such license, enter into a joint and several bond to the city of 
Chicago, with two good and sufficient sureties, in the penal sum of 
five hundred dollars, conditioned for the due observance of all or¬ 
dinances of the city now in force or which may hereafter be passed 
respecting dealers in second-hand articles. 

1783. Dealing without license prohibited.] No person shall 
use, exercise or carry on the trade or business of a dealer in second- 
hand furniture, household goods or other articles, without being 
specially licensed for such purpose, nor carry on any such business 
at any other house or place than the one designated in such license; 
nor continue to carry on such business after such license may have 
been revoked, under the penalty of fifty dollars for every such offense. 

1784. Record of purchases.] Every such dealer shall keep a 
book, in which shall be fairly written, at the time of the purchase of any 
article or thing, in the way of his or her business, an accurate account 
and description of the article or thing so purchased, the price paid there¬ 
for, the precise time of making such purchase, and the name and resi¬ 
dence of the person from whom such purchase was made. 

1785. Report of purchases.] It shall be the duty of every 
licensed person aforesaid to make out and deliver to the superintendent 
of police, every day before the hour of twelve o’clock noon, a legible 
and correct copy from the book required in the last preceding section, 
giving an accurate account and description of each and all of the arti¬ 
cles and things purchased during the preceding day, the price paid 
therefor, the precise time of purchase, and the names and residence 
of the persons from whom such purchases were made. 

1786. Record—inspection of.] The said book shall, at all 

380 



SECOND-HAND DEALERS AND KEEPERS^OFjjUNK SHOPS. 381 

reasonable times, be open to the inspection of the mayor, aldermen 
and any member of the police force. 

1787. Penalty. ] Every such dealer who shall violate, or neglect, 
or refuse to comply with any or either of the provisions of the last 
three preceding sections, shall, for every such offense be subject to a 
fine of not less than twenty dollars nor more than fifty dollars. 

1788. Other licenses not to issue. | No dealer in second-hand 
articles shall, during his license as such, receive or hold a license to 
carry on the business of a pawn-broker or a keeper of a junk shop. 


ARTICLE II. 

KEEPERS OF JUNK SHOPS. 

1789. License—fee.] The mayor may grant licenses to such 
persons as shall produce to him satisfactory evidence of good char¬ 
acter, to keep what are commonly called junk shops, for the purchase 
and sale of junk, old rope, old iron, brass, copper, tin, lead, rags, slush, 
empty bottles, paper and bagging. Every person receiving a license 
for a junk shop shall pay therefor to the city collector for the use of 
the city, the sum of fifty dollars annually. 

1790. License for wagons.] A separate license shall be obtained 
by the owner thereof for each and every cart, wagon or other vehicle 
used in his said business and said owner shall pay therefor to the city 
collector for the use of the city, the sum of ten dollars annually. 

1791. License fee for boats.] Every person having or using 
any boat or boats, or other kind of vessel for the purposes of collecting 
junk, rags, old rope, paper, bagging, old iron, brass, copper, tin, empty 
bottles, slush or lead, shall pay an annual license fee of fifty dollars for 
each boat or other vessel and shall comply with and be subject to 
all ordinances now in force, or hereafter passed, respecting the keepers 
of junk shops, so far as the same are applicable, and shall be subject 
to the same penalties. 

1792. Bond.] Every person so licensed shall, at the time of receiv¬ 
ing such license, enter with sufficient surety into a joint and several 
bond to the city of Chicago, in the penal sum of two hundred and 
fifty dollars, conditioned for the due observance of all ordinances of the 
city now in force, or which may hereafter be passed, respecting the 
keeping of junk shops, junk wagons or junk boats. 

1793. Doing business without license prohibited.] No per¬ 
son shall use, exercise or carry on the business of a keeper of a junk 
shop, or what is commonly called a junk shop, for the purchase and 
sale of junk, rags or old rope, paper or bagging, old iron, brass, copper, 
tin, empty bottles, slush or lead; nor carry on any such business at any 
other house or place than the one designated in such license; nor 
draw or drive, or procure to be drawn or driven, through the streets 
of this city, any hand-cart, wheelbarrow or other cart or vehicle, or 


382 


GENERAL ORDINANCES. 


use any boat or other kind of vessel for the purpose of collecting or dis¬ 
posing of said articles; nor shall any person be entitled to have a cart 
or carts, boat or boats, or other vehicle or vehicles to be used for the 
aforesaid purpose; nor shall any person be entitled to so use any such 
cart, boat or other vehicle unless he is a citizen, without being first 
licensed by the mayor for such purpose, nor shall any person continue 
to carry on such business after his license may have been revoked. 
Every person who shall violate any or either of the provisions of this 
section shall be subject to a fine of not less than twenty-five dollars nor 
more than one hundred dollars for each and every offense. 

1794. Vehicle marked—badges.] Every person so licensed 
shall, before using such carts, wagons, boats or other vessels, or caus¬ 
ing the same to be used, obtain from the city clerk, for each wagon, 
cart, boat, or other vehicle, two painted metal plates eight inches long 
and four inches wide, and of a different color or design for each year, 
on which shall be stamped the number corresponding to the license and 
also the words “Chicago junk,” together with the year for which the 
license is issued, which plates shall be securely fastened on the outer 
sides of such hand carts, wheel barrows, or other carts or vehicles, 
boats or vessels used in his said business, or in some other conspicuous 
place, so that the same can be easily seen. The said carts, vehicles, 
boats or vessels shall also be permanently marked with the name of 
such licensed keeper of a junk shop, together with the street and num¬ 
ber of his place of business. The said person or persons shall also 
at the same time obtain from the city clerk a metal badge one and 
three-fourths inches long and one and one-eighth inches wide, for 
the driver of each licensed junk wagon, having a number thereon cor¬ 
responding to the number on the aforesaid plate. Said badge shall be 
provided with a pin or other fastening, and shall be worn in a con¬ 
spicuous place on the outside of the coat, and of a different design for 
each year or license period. 

Note: See section 16, concerning free badges and plates. 

1795. Dealing in certain articles prohibited.] No keeper of 
a junk shop shall buy or sell any coin of any description, or any article 
of gold or silver, or any wearing apparel, or any article of household 
furniture, or any implement, tool or utensil, in a sound, unbroken or 
undamaged condition; nor shall such keeper receive in the line of his 
business, any article or thing by way of pledge or pawn; nor shall 
he or she loan or advance any sum of money on the security of any 
such article or thing. 

1796. Purchase of lead material.] No keeper of a junk shop 
shall purchase from any one, except from plumbers holding licenses 
as such from the city of Chicago, licensed peddlers, or the owners of 
buildings from which the material is taken, any lead pipe, faucets, 
boilers, or other plumbing material. 

1797. Other licenses not issued to dealer.] No keeper of a 
junk shop shall, during his license as such, receive or hold a license 


SECOND-HAND DEALERS AND KEEPERS OF JUNK SHOPS. 383 

to carry on the business of a pawn-broker or of a dealer in second-hand 
articles. 

1798. Registry of purchases.] Every keeper of a junk shop 
shall provide and keep a book, in which shall be fairly written at the 
time of every purchase, a description of the article so purchased, the 
name and residence of the person from whom such purchase was 
made, and the day and hour of such purchase. 

1799. Inspection of register.] Every such book shall at all 
times be open to the inspection of the mayor, aldermen and any mem¬ 
ber of the police force. 

1800. Penalty.] Every such keeper of a junk shop who shall 
violate or neglect, or refuse to comply with the foregoing provisions 
of this article, or either of them, shall for every such offense be subject 
to a fine of not less than twenty dollars nor more than one hundred 
dollars. 


ARTICLE III. 

GENERAL PROVISIONS. 

1801. License—contents of.] Every license to be granted to 
any dealer in second-hand articles or keeper of a junk shop shall des¬ 
ignate the house or place in which the person receiving such license 
shall be authorized to carry on such business. 

1802. License—expiration of.] Every such license shall con¬ 
tinue in force until the first day of May next following the granting 
thereof, unless sooner revoked by the mayor, and no longer. 

1803. License revocable.] Every license granted or to be 
granted to any dealer in second-hand articles or keeper of a junk shop 
may be revoked by the mayor on satisfactory cause appearing to him 
for so doing. 

1804. Removal of place of business.] In case any person so 
licensed as aforesaid, either as a dealer in second-hand articles or keeper 
of a junk shop, shall remove his or her store or place of business from 
the place designated in said license, he or she shall immediately there¬ 
upon give notice to the mayor and have the same indorsed upon such 
license, and the number of his or her place of business shall there¬ 
upon be changed on the sides of the vehicle or vessel used by such 
licensed dealer, and made to correspond with such change of store or 
place of business. 

1805. Purchase from minors prohibited.] No dealer in second¬ 
hand articles or keeper of a junk shop shall purchase any goods, 
article or thing whatsoever, except old rags and waste paper, from 
any minor under the age of eighteen years, under a penalty of not less 
than five nor more than fifty dollars for each offense. 

1806. Hours of business.] No dealer in second-hand articles 
or keeper of a junk shop shall purchase in the way of his or her busi¬ 
ness any goods, article or thing whatsoever, from any person or per- 


384 


GENERAL ORDINANCES. 


sons whomsoever, between the hours of ten o’clock p. m. and six 
o’clock a. m., under a penalty of not more than twenty-five dollars for 
every such offense. 

1807. Dealing in metal bottle stoppers prohibited.] No 

person carrying on the business of a second-hand dealer or junk shop 
keeper shall buy or sell or receive or give away or wantonly destroy 
any metal bottle stopper, or bottles having any metal stopper attached 
thereto, under a penalty of not less than ten dollars nor more than fifty 
dollars for each offense. 

1808. Purchase of tools, etc., prohibited.] No dealer in sec¬ 
ond-hand articles or keeper of a junk shop shall purchase for the pur¬ 
pose of selling or disposing thereof, any mechanic’s tools or imple¬ 
ments, or any tools or implements used for the purpose of procuring 
a livelihood, under a penalty of twenty-five' dollars for each offense. 

1809. Articles purchased held ten days before sale.] No 
dealer in second-hand articles or keeper of a junk shop shall expose 
for sale, or sell or dispose of, any article or articles within ten days of 
the time of purchasing the same, nor until the same have been in or 
upon the premises wherein the same are offered, exposed or sold, at 
least ten days, under a penalty of twenty-five dollars for each offense. 

1810. Advertisement of lost articles — notice to police.] 
If any goods, article or thing shall be advertised in any daily news¬ 
paper printed in the city of Chicago as having been lost or stolen, and 
if the said goods, article or thing, or any such answering to the 
description of the goods, article or thing so advertised, or any part or 
portion thereof, shall then be or thereafter come into the possession 
of any dealer in second-hand articles or keeper of a junk shop, he or 
she shall forthwith give information thereof, in writing, at the office 
of the superintendent of police, and shall also state from whom the 
same were received, under a penalty of not more than two hundred 
dollars for every neglect or offense. 

1811. Dealer to expose lost goods, etc.] Every dealer in 
second-hand articles or keeper of a junk shop who shall receive or be 
in possession of any goods, articles or things which may have been 
lost or stolen, or alleged or supposed to have been lost or stolen, shall 
forthwith on a demand, exhibit the same to the mayor or any aider- 
man, under a penalty of not more than two hundred dollars for every 
neglect or refusal so to do. 

1812. Inspection of dealers.] The superintendent of police, 
aided and assisted by such policemen as he may deem necessary, shall 
be the inspector of pawn-brokers, dealers in second-hand articles, and 
of junk shops. 

1813. Penal clause.] Whoever shall violate any of the pro¬ 
visions of this chapter where no other penalty is provided, shall be 
subject to a penalty of not less than ten dollars for every such offense. 


v 


CHAPTER LX. 




SIDEWALKS. 

1814. Sidewalk widths—curbs.] All sidewalks which may here¬ 
after be ordered by the city council, shall be constructed under the 
superintendence and to the satisfaction of the department of public 
works, and shall be of the width herein specified, unless a different 
width shall be specified in the order, to wit: on all streets which are 
one hundred feet wide and upward, twenty feet; on streets eighty feet 
and upward in width, sixteen feet; on streets sixty-six feet and under 
eighty feet in width, fourteen feet; on streets sixty feet and under sixty- 
six feet in width, twelve feet; on streets fifty feet and under sixty feet 
in width, ten feet; and on streets sixty feet and more than fifty feet in 
width, ten feet; and on streets less than fifty feet and more than forty 
feet in width, six feet; and on streets thirty feet and less than forty feet 
in width, four feet. When built of full width, a substantial curbing of 
stone or white-oak plank, not less than three inches in thickness well 
tied in, shall be laid on the outer edge of the sidewalk. 

1815. Grade.] The grades for sidewalks shall be furnished by the 
department of public works. If any person shall build or assist in 
building any sidewalk where no grade has been established, without 
first obtaining a grade therefor from the department of public works, 
or contrary to any grade which may be obtained from said department, 
or shall build or assist in building any sidewalk contrary to any grade 
which may have been or may be established by the city council, or 
contrary to any of the provisions of this chapter, he shall, in either case, 
be subject to a penalty of not more than ten dollars for every offense, 
and to a further penalty of ten dollars for every day he shall fail to 
remove or reconstruct the same after notice by the department of 
public works. 

1816. Inclination.] Sidewalks shall be constructed so as to incline 
upward from the outer edge of the sidewalk toward the buildings 
or boundary of the lot at a gradient of one inch in every three feet. 

1817. Flush with building.] No part of any sidewalk shall be 
taken for private use by lowering or cutting down the same next to 
the building, or railing off the same by any wooden or iron railing, or 
by shutting off the public from passing along and over the same, and 
said sidewalk shall not be raised up next to the building by construct¬ 
ing a platform or platforms on the same, of either wood, iron or stone, 
but said sidewalk shall be built flush up to the building on a uniform 
grade as herein provided. 

1818. Smooth glass in sidewalk.] No person shall insert 
any smooth pieces of glass in any sidewalk for any purpose whatever, 

385 


25 


386 


GENERAL ORDINANCES. 


and all pieces of smooth glass which have been inserted in any side¬ 
walk shall be forthwith removed under a penalty of five dollars for 
each and every day they shall be allowed to remain after notice to 
remove the same. 

1819. Grade fixed.] No part or portion of any sidewalk where 
the grade has been established shall be laid or relaid at any different 
grade or any other level than the adjacent portions of such sidewalks, 
and for every violation of this section, there is hereby imposed upon 
the person violating the same a penalty of not less than five nor more 
than twenty dollars, and he shall also alter said sidewalk so as to make 
the same conform to the established grade, and in case he neglects and 
refuses so to do within a reasonable time, it shall be lawful for the de¬ 
partment of public works to alter the same, and the costs and ex¬ 
pense of the same shall be paid by such owner and may be recovered 
from him in an action in the name of the city. 

1820. Fixed width—grass plats.] No person shall extend or 
build any sidewalk beyond the established width, and on all streets 
where courts or open spaces are allowed for planting trees or for grass 
plats, the same shall not be covered with plank or other material ex¬ 
cept such parts and portions of said space as may be allowed to be 
used for coal vaults. 

1821. Stone district.] No sidewalk shall be constructed, laid or 
rebuilt in that portion of the city of Chicago bounded as follows, to- 
wit: Commencing at the eastern terminus of Fifty-fifth street and 
running west on south side of said Fifty-fifth street to State street; 
thence north on the west line of State street to Van Buren street; 
thence west on south line of Van Buren street to the west line of West¬ 
ern avenue; thence north on the west line of Western avenue to the 
north line of Lake street; thence east on north line of Lake street to 
west line of Ashland avenue; thence north on said west line of Ashland 
avenue to the south line of Chicago avenue ; thence west on the south 
line of Chicago avenue to the east line of Western avenue; thence 
north on the east line of Western avenue to the south line of Division 
street; thence west on the south line of Division street to the west 
line of California avenue; thence north on the west line of California 
avenue to the north line of North avenue; thence east on the north line 
of North avenue to the northeast line of Milwaukee avenue; thence 
southeast on the northeast line of Milwaukee avenue to the north line 
of Lake street; thence east on the north line of Lake street to the 
east line of Fifth avenue; thence north along the east line of Fifth 
avenue and Wells street to Wisconsin street; thence west on the south 
line of Wisconsin street to east line of Halsted street; thence north on 
the east line of Halsted street to the south line of Fullerton avenue; 
thence west on the south line of Fullerton avenue to the east line of 
Racine avenue; thence north on the east line of Racine avenue to the 
east line of Clark street; thence north on the east line of Clark street to 
city limits, except the same shall be constructed, laid or rebuilt of stone 
or other incombustible material, under the penalty of not less than 


SIDEWALKS. 


387 


twenty dollars nor more than one hundred dollars for each violation of 
this section; and each day that such sidewalk shall remain so con¬ 
structed, laid or rebuilt in violation of this section, shall be a separate 
and distinct offense, and the person so violating this section shall be 
subject to a like penalty for each and every day the same remains. 

1822. Stone district—repair of wooden sidewalk.] Any 
sidewalk built, relaid or constructed prior to the first day of May, 1896 , 
within the territory aforesaid, may be repaired: Provided, the cost of 
such repair does not exceed ten per cent of the original cost of such 
sidewalk. 

AWNINGS. 

1823. Movable—elevation and projection.] All awnings here¬ 
after erected shall be elevated at least eight feet at the lowest part 
thereof above the top of the sidewalk, and shall not project over the 
sidewalk to exceed three-fourths of the width thereof; they shall be 
supported without posts by iron brackets or by an iron frame work 
attached firmly to the building, so as to leave the sidewalk wholly un¬ 
obstructed thereby. All awnings heretofore erected in a different 
manner shall be removed in a reasonable time after notice, as herein¬ 
after specified. If any person shall erect any awning contrary to the 
provisions hereof, or shall refuse or neglect forthwith to remove any 
awning or awning posts after written notice to remove the same, 
to be given by the commissioner of buildings, he shall be subjected 
to a penalty of five dollars for every such offense, and to a further 
penalty of five dollars for every day he shall fail to comply with such 
notice, after a lapse of five days from the service thereof. 

1824. Fixed awnings—construction.] Fixed awnings may be 
constructed over sidewalks, as protections to the entrances of build¬ 
ings, provided such awnings are constructed of a metal frame work 
filled with glass not less than three-quarters of an inch thick, and 
supported entirely from the structure of the building, and without 
posts or other obstructions upon the sidewalk. Such awnings shall 
be of the width of the entrance which they protect and shall extend 
over the entire width of the sidewalk in front of the same. The low¬ 
est part of such awnings shall be at least ten feet above the sidewalk 
level. Any person who shall erect any awning contrary to the pro¬ 
visions hereof, or refuse or neglect forthwith to remove any awning or 
awning posts, heretofore or hereafter erected contrary to the pro¬ 
visions hereof, shall be subject to a penalty of five dollars for every 
offense, and to a further penalty of five dollars for every day he shall 
fail to comply therewith after written notice from the commissioner 
of buildings to remove the same. 

PORCHES AND STEPS. 

1825. Construction.] No person shall construct, or place, or 
cause .to be constructed or placed, any porch, door, window or step 


388 


GENERAL ORDINANCES. 


which shall project into or over any street or sidewalk, under a penalty 
of not less than five nor more than two hundred dollars for each 
offense, and a further penalty of twenty dollars for every day that the 
said porch, door, window or step may be continued as aforesaid: 
Provided, however, the provisions of this section shall not be held to 
apply to porticos or other decorative entrance features covered by 
Chapter XVII. 

SPACE BENEATH SIDEWALKS. 

1826. Space beneath—permit.] No person shall be allowed to 
occupy or use for vaults, areas or other purposes the space beneath 
the sidewalks included within the sidewalk lines of any street in said 
city, unless a permit therefor shall have first been obtained from the 
commissioner of public works of said city; such permits to continue 
and to be issued only upon the condition that the party receiving the 
same shall, as a compensation for the privileges granted by said per¬ 
mit, build, maintain and keep in repair a sidewalk over such space 
intended to be used for vaults, areas or other purposes; such sidewalks 
to be of the material and constructed in the manner particularly speci¬ 
fied in such permit. The fee for every such permit shall be five 
dollars, and shall be paid to the commissioner of public works. 

1827. Permit—contents.] Such permits shall specify in general 
terms the purposes for which the spaces under the sidewalks shall be 
used, and shall also contain a condition that upon the failure to con¬ 
struct, maintain or repair such sidewalk in accordance with any order 
that may from time to time be given by said commissioner of public 
works or city council, the permit may be declared annulled by said 
commissioner of public works, and that all rights and privileges under 
such permit shall cease from the time such permit shall be declared 
annulled. 

1828. Street corners—use by city.] No permit shall be 
granted for the permanent use and occupancy of so much space under 
the sidewalks at the corner of streets as may be necessary for hydrants, 
lamp posts, or for access to the same, and such space shall be specified 
and reserved in all cases for the use of the city whenever it may re¬ 
quire the same for any purpose. 

1829. Penalty.] Any owner, builder or other person who shall, 
in violation of this chapter, occupy or use any part of the public 
street beneath or under any such sidewalks, or included within the 
sidewalk lines, or if there be no such sidewalk, shall occupy or use 
below the grades, such part thereof as comes within the sidewalk lines 
of such street, without a permit first had and obtained under this 
chapter, shall be liable to a fine of not less than twenty-five dollars for 
the first offense, and to a further penalty of ten dollars for every 
twenty-four hours such occupation or use, without such permit, shall 
continue. 

1830. Opening covered.] Every opening in any vault or coal¬ 
hole or aperture in the sidewalk over said coal hole or vault shall 


SIDEWALKS. 


389 


be covered with a substantial iron plate with a rough surface to pre¬ 
vent accidents, and the entire construction of said coal holes and 
vaults shall be subject to the directions and supervision of the com¬ 
missioner of public works, or such other person as the city council 
may designate. 

1831. Liability of owner.] The owner and tenant of the abut¬ 
ting estate, in front of which the coal hole or vault is thus permitted 
to be constructed, shall be held responsible to the city for any and all 
damages to persons or property in consequence of any defect in the 
construction of such vault or coal hole, or for allowing the same, or 
any portion thereof, to remain out of repair, and such owner and 
tenant shall be required to keep the said vault or coal hole, its walls 
and coverings, in good order at all times. 

1832. Liability to city.] The occupant of any estate abutting 
on such a vault or coal hole shall be held responsible to the city for 
any and all damages occasioned to persons or property in consequence 
of the aperture in the sidewalk being left exposed and uncovered, or 
in consequence of the covering thereof being left insecure or unfas¬ 
tened, and said occupant shall be required to keep such coal hole or 
vault cover in good order, and safe for public travel over the same. 

1833. Vault cover secured.] No person shall remove or inse¬ 
curely fix, or cause or procure or suffer or permit to be removed or 
to be insecurely fixed, so that the same can be moved in its bed, any 
grate or covering of any coal-hole, vault or chute under any street, 
sidewalk or other public place under a penalty of not less than ten 
dollars nor more than fifty dollars for each offense: Provided, that 
nothing herein contained shall prevent the owner or occupant of the 
building with which such coal hole, vault or chute shall be connected 
from removing the grate or covering for the proper purpose of such 
openings, provided he encloses such opening or aperture, and keeps 
the same enclosed while such grate or covering shall be removed, with 
a strong box or curb at least twelve inches high, firmly and securely 
made; Provided, further, that he shall not remove such grate or cov¬ 
ering until after sunrise of any day, and shall replace such grate or 
covering before one-half hour after sunset. 

1834. Boiler, oil, etc., excluded.] No boiler, steam-shaft, fur¬ 
nace or steam pipe or cess-pool, shall be constructed or located for 
use, and no explosive substance or inflammable oil or substance shall 
be stored or kept for any purpose under any sidewalk in this city, and 
no excavation shall be ventilated into the streets, unless the aperture 
or ventilating hole or opening shall be securely covered as herein 
provided. 

1835. Construction changed.] Whenever any coal-hole or 
vault under any sidewalk, or any aperture constructed therein, is not 
covered or secured as herein provided, or in the opinion of the com¬ 
missioner of public works, is unsafe or inconvenient for the public 
travel, said commissioner may order the same to be removed and a 
suitable one put in its place; and if the same shall not be done within 


390 


GENERAL ORDINANCES. 


two days from the service of said order on the owner or tenant of the 
premises or other person having the care thereof, the commissioner 
may make such change, and the expense thereof shall be paid by such 
owner, tenant or other person having the care of the premises; and 
no person shall leave such coal hole, excavation or aperture open or 
unfastened after sunset, nor in the day time unless while in use by 
some person or persons actually attending the same. 

STORAGE ON SIDEWALKS. 

1836. Receiving and delivering merchandise.] No person 
while receiving or delivering goods, wares or merchandise shall permit 
the same to remain on any sidewalk longer than two hours, and for this 
purpose he shall not occupy over four feet of the outer edge of the side¬ 
walk in front of his store or building, under a penalty of not less than 
five' dollars nor more than ten dollars. 

1837. Storage on street, alleyror sidewalk.] No street, alley 
or sidewalk shall be used for the storage of goods, wares or merchandise 
of any kind or description whatever which shall occupy a greater space 
than three feet next the building or boundary line of his or her lot. 
If any person shall place or cause to be placed in or upon any street, 
alley or sidewalk any barrel, box, hogshead, crate, package or other 
obstruction of any kind or description whatever which shall take up 
more space than three feet next to the building or the boundary line of 
the lot, and shall suffer the same to remain thereon more than two 
hours, he shall be subject to a fine of not less than five dollars nor 
more than ten dollars, and any policeman or public officer shall be em ¬ 
powered to cause the same to be removed at the expense of the party 
placing the same there, and the said party shall also be subject to a 
fine of one dollar an hour for each and every hour that said goods, 
wares, merchandise or other obstructions remain there after the ex¬ 
piration of two hours. 

1838. Manner of storage.] No clothing, goods, wares, mer¬ 
chandise, boxes, poles or other article or thing, shall be placed or 
piled on the sidewalk in front of any store, shop or other place in said 
city, so as to occupy more than three feet next to the building, nor in 
such manner as to be more than four feet high above the top of the 
sidewalk, and when suspended above the top of the sidewalk, shall be 
so placed or hung that the lowest part of such articles shall be at least 
eight feet above the top of the sidewalk, and not more than three feet 
from the building or boundary line of the lot. 

1839. Stands for fruit and merchandise.] No person shall 
erect any booth or establish or fix any stand for the sale of fruit, 
books or other merchandise, or any article or thing of value what¬ 
ever, encumbering any part or portion of the streets or sidewalks, under 
the penalty of not more than five dollars for each offense. 

1840. Drinking fountains.] Drinking fountains made of iron 
may be erected upon the outer edge of sidewalks at such points and 


SIDEWALKS. 


391 


places as the commissioner of public works may designate: Provided, 
that the consent of the owner or agent of the premises in front of 
which it is proposed to erect such fountain is first obtained. 

MISCELLANEOUS PROVISIONS. 

1841. Sidewalk—repair.] Whenever the owner or occupant of 
real estate in the city ot Chicago shall be notified by the commissioner 
of public works to raise, lower, repair or relay any sidewalk or to raise, 
lower, repair or cleanse any private drain in front of, adjacent to or 
upon any premises owned or occupied by him, it shall be the duty of 
such owner or occupant to cause said improvement to be made in the 
manner and within the time prescribed by the commissioner of public 
works. If any such owner or occupant shall neglect or refuse to com¬ 
ply with any such requirement, he shall be subject to a penalty of not 
less than one dollar nor more than ten dollars for each day’s neglect. 

1842. Hitching horse.] No person shall at anytime fasten any 
horse or horses in such a way that the horse, vehicle, reins or line, shall 
be an obstacle to the free use of the sidewalk, under a penalty of one 
dollar for each offense, and the person in whose possession or use such 
horse or horses shall then be shall be deemed the offender, unless he 
can prove the contrary to the satisfaction of the magistrate before 
whom he shall be prosecuted. 

1843. Hitching ring.] It shall be the dutyjof the owners of each 
building in front of which any sidewalk is now or shall hereafter be con¬ 
structed, to provide and securely fasten in such sidewalk, one iron ring 
of not less than two inches in diameter and one-quarter of an inch in 
thickness, at some one point, or erect a suitable post for hitching in 
every twenty-five feet of such sidewalk. Every person who shall 
wilfully violate or neglect to comply with the provisions of this sec¬ 
tion, shall be liable to a fine of not less than two nor more than ten 
dollars. 

1844. Horse or wagon on sidewalk.] No person or persons 
shall push or draw back any horse, wagon, cart, bicycle or other vehicle 
over any sidewalk, or use, ride or drive any horse, wagon, sled or 
sleigh thereon, unless it be in crossing the same to go into a yard or 
lot where no other suitable crossing or means of access is provided, 
under a penalty of not less than one dollar nor more than ten dollars 
for each offense. 

1845. Cross walks.] All cross walks in the city shall be kept 
reserved free from any sleighs, wagons, carts, carriages, or horses or 
other animals being placed or suffered to stand thereon, except so far 
as may be necessary in crossing the same; and the owner or driver of 
any sleigh, wagon, cart, bicycle, carriage, or horse or other animal 
offending herein shall forfeit and pay a penalty of not more than three 
dollars. 

1846. Prohibited uses.] No person shallpead, drive or ride any 
horse, or drag any wheel or hand barrow, or saw any wood, or lay or 


392 


GENERAL ORDINANCES. 


place any wood, coal or other thing, or any goods, wares or merchan¬ 
dise, or any other article whatsoever, upon any footpath or sidewalk, 
under a penalty of not more than five dollars for each offense. 

1847. Vehicle on sidewalk.] No person shall drive, or back, 
or lead any horse or cart or push or propel any bicycle or any other 
carriage, on the footpath or sidewalk of any street, under a penalty of 
not more than five dollars for each offense. 

1848. Loading or unloading.] No owner or occupant of any 
store or house shall permit or suffer any cart or other wheeled carriage 
to be driven or otherwise to pass or go over or upon the footpath or 
sidewalk opposite to such house or store for the purpose of loading 
or unloading such cart or other wheeled carriage, or for any other pur¬ 
pose whatever under a penalty of five dollars for each offense. 

1849. Removal of planks.] No person shall remove any 
plank, board or portion of any sidewalk except for the purpose of 
immediately repairing and replacing the same with a different mater¬ 
nal, under a penalty of not less than five dollars nor more than fifteen 
dollars for each and every offense. 

1850. Injury to sidewalk.] If any cartman or other person shall 
break or otherwise injure any footpath or sidewalk, he or they shall, 
within twenty-four hours thereafter, cause the same to be well and 
sufficiently repaired and mended, under a penalty of not more than 
ten dollars. 

1851. Cleansing sidewalks.] From and after the first day of 
May until the first day of October of each and every year it shall not 
be lawful for any person or persons to wash or cause to be washed 
any pavement or windows with a hose or street washer, or by throw¬ 
ing or dashing water against or upon the same, between the hours 
of seven o’clock in the morning and seven o’clock in the evening, 
and all dirt, dust and rubbish shall be swept from off all sidewalks by 
seven o’clock in the morning of each and every day. Any person 
violating this section shall be subject to a fine of not less than two 
dollars nor more than five dollars for each and every offense. 

1852. Removal of obstruction—penalty.] The mayor, or any 
other public officer, is hereby authorized to cause any obstruction, 
encroachment, article or thing which may be in violation of the provis¬ 
ions of this chapter, to be removed within a reasonable time after 
notice served upon the owner, agent or person in possession of the 
premises where such violation occurs, or in case the owner, agent 
or person in possession cannot be found, then by posting such notice 
upon the premises or sidewalk in front thereof, and the owner, agent 
or party causing such violation shall pay all expenses and costs of 
such removal in addition to the penalties aforesaid. And any person 
who shall wrongfully interfere with such removal shall suffer a penalty 
of not less than ten dollars nor more than one hundred dollars. 

1853. Opening uncovered.] Any person who shall keep or 
leave open any cellar door, or grating of any vault on any highway 
or sidewalk, or suffer the same to be left or kept open in front of 


SIDEWALKS. 


393 


his premises so as to endanger life and limb, shall be subject to a fine of 
not less than ten dollars nor more than fifty dollars. 

1854. Duty of police.] It shall be the duty of all policemen 
to report to the department of public works all defects in sidewalks, 
and in case of accident, they shall report the same to the law de¬ 
partment, together with the names of any witnesses to said accident, 
if known to them. 

1855. General penalty clause.] Whoever shall violate any of 
the provisions of this chapter, where a specific fine has not been pro¬ 
vided for, shall upon conviction thereof be fined not less than five dol¬ 
lars nor more than fifty dollars for each and every offense. 

1856. Police supervision.] It shall be the duty of the superin¬ 
tendent of police to see to the enforcement of each and all of the pro¬ 
visions of this chapter, and each and every policeman shall, whenever 
there is any obstruction in any street or alley or sidewalk, endeavor 
to remove the same; and, in case such obstruction shall be of such a 
character that the same can not readily be removed, then said police¬ 
man shall report the same to the department of public works, and the 
said department shall remove the same. 


CHAPTER LXI. 



STREETS. 


ARTICLE I. 

MISCELLANEOUS PROVISIONS. 

1857. Houses numbered.] It is hereby made the duty of the 
owners or occupants of all buildings situated in the city of Chicago to 
number them in the manner herein and as may hereafter be provided 
by the city council. 

1858. Decimal system adopted.] The decimal system of number¬ 
ing streets is hereby adopted, but the numbers heretofore assigned to 
lots or houses, except as hereinafter provided, shall remain the num¬ 
bers of such lots or houses respectively until otherwise changed by the 
city council. 

1859. House numbers—south side.] All lots or houses on 
streets in the division of the city lying south of Twelfth street shall 
be numbered as follows: 

1. All east and west streets shall be numbered from east to west, 
beginning east; and all north and south streets shall be numbered 
from north to south, beginning north, and all streets having a north¬ 
erly or southerly course shall be deemed north and south streets. 

2 . One hundred numbers shall be assigned to each block on every 
north and south street, bounded on north and south by streets desig¬ 
nated by numerals, or that would be so designated if such streets were 
extended so as to intersect said north and south streets. No other in¬ 
tersecting streets, courts or alleys shall be deemed boundaries. 

3 . Every north and south street aforesaid shall begin at the south 
line of said Twelfth street with the number twelve hundred, increasing 
towards the south, the even numbers being on the west side of the 
street. 

1860. Renumbering—maps.] The department of public works 
shall cause to be prepared from time to time maps of the several 
streets, showing the numbers of all lots or houses, and in all cases where 
the number or numbers of houses or lots shall hereafter be changed by 
the city council, the said houses or lots shall be renumbered during 
the months of December, January, February, March and April, and at 
no other time. 

1861. Assignment of numbers.] The commissioner of public 
works shall assign to each lot or house its proper number, and deliver, 

394 





STREETS. 395 

free of charge, to the owner or occupant a certificate designating each 
number. 

1862. Size of figures required.] Each of the figures of every 
number shall be not less than three inches in length, being so marked 
as to be distinctly and easily read; said numbers shall be placed in a 
conspicuous place on the side of or above the front door of the build¬ 
ings to which the same are attached. 

1863. Failure to number—penalty.] Any person being the 
owner or occupant of any building now erected in the city of Chicago, 
who, after being notified by the commissioner of public works that the 
street numbers are on record at his office, shall for thirty days neglect 
or refuse to number any buildings owned or occupied by him, in con¬ 
formity with the provisions of this article, or who shall number such 
building without having first obtained from the commissioner of public 
works a certificate designating the proper number of such building, 
shall be subject to a penalty of five dollars, and a further penalty of five 
dollars for every thirty days thereafter that he shall neglect or refuse 
to number said building, or shall maintain thereon a number without 
having first obtained said certificate from said commissioner. 

Any owner or occupant of any building hereafter erected in the city 
of Chicago, who shall, for thirty days after the same shall be erected, 
neglect or refuse to number said building according to the provisions of 
this article, or who shall number said building without having first 
obtained from said commissioner a certificate designating the proper 
number, shall be subject to a penalty of five dollars, and a further 
penalty of five dollars for every thirty days thereafter that said build¬ 
ing shall be without its number according to the provisions of this arti¬ 
cle, or shall have a number thereon without said certificate having first 
been obtained from said commissioner. 

1864. Alteration of numbers prohibited.] Whenever any 
street shall have been numbered or renumbered, as the case may be, in 
pursuance of this article or any ordinance hereafter passed, such num¬ 
bers shall not be changed or altered without the consent of the com¬ 
missioner of public works, under the penalty of not more than twenty- 
five dollars for each offense. 

1865. Mistake or conflict in numbering.] In all cases where a 
street shall have been numbered or renumbered in pursuance of this 
article or any ordinance hereafter passed, it shall be the duty of the 
commissioner of public works thereafter to adjust and renumber such 
street as the same may be required from time to time; and in all cases 
where there is a mistake or conflict in numbers,said commissioner shall 
direct and make the proper adjustment of the same. 

1866. Names of streets—where placed.] The names of all 
streets shall be placed on all street corners, and shall, wherever there 
are street lamps at the corners of the streets, be painted on said street 
lamps, or on the tin, glass or metallic stiips or plates firmly attached to 
said lamps or lamp posts. 

1867. Streets, alleys, etc., to be kept clear.] The streets, 


396 


GENERAL ORDINANCES. 


alleys and sidewalks in the city of Chicago shall be kept free and clear 
of all obstructions, incumbrances and encroachments for the use of the 
public, and shall not be used or occupied in any other way than is 
herein provided. 

1868. Toll road or gate a nuisance.] The keeping or main¬ 
taining of any toll house or toll gate on any street or highway within 
the limits of the city of Chicago for the purpose of demanding, col¬ 
lecting or receiving toll of any person passing along or over any such 
street or highway is hereby declared to be a nuisance. Any person, 
firm or corporation who shall erect, keep or maintain, or cause to be 
erected, kept or maintained, any toll house or toll gate on any street or 
highway within the limits of the city of Chicago, for the purposes men¬ 
tioned in this section, shall be deemed guilty of committing a nuisance 
and, upon conviction thereof, shall be fined not less than twenty dol¬ 
lars nor more than fifty dollars for each day or part of a day they 
may so cause or permit any toll house or toll gate to be so kept or 
maintained, and every person or corporation who shall demand, collect 
or receive any toll, or sum of money, of any person as a charge or toll 
for the privilege of passing along or over any street or highway within 
the limits of the city of Chicago shall, upon conviction thereof, for each 
offense, be fined not less than five dollars nor more than twenty-five 
dollars. 

1869. Cattle—drove limited—permit. ] No person or persons 
shall, between the hours of seven o’clock a. m., and seven o’clock p. m., 
of each and every day, drive upon or along any public street or alley 
within the limits of the city of Chicago more than five head of cattle at 
any one time; any person or persons who shall violate the provisions 
of this section shall, upon conviction, be fined not less than ten nor 
more than one hundred dollars for each and every offense: Provided, 
however, that cows owned by individuals and kept for the purpose of 
giving milk may be driven in large numbers to pasture in charge of a 
herdsman without incurring any of the penalties herein provided. 

1870. Circus parades—permit.] No circus, circus and menag¬ 
erie or menagerie shall be allowed to parade in and along the streets of 
the city of Chicago’, without first having obtained a permit so to do 
from the mayor. All permits granted hereunder shall specify the streets 
in and along which such parade may be made; and no parade of any 
circus, circus and menagerie, or menagerie, shall be made in and 
along any streets except those specified in such permit. For each 
and every violation of this section a penalty shall be imposed of not 
less than twenty-five dollars nor more than one hundred dollars and 
a revocation of any license to exhibit within the city of Chicago. 

1871. Processions and open air meetings.] No parades or pro¬ 
cessions shall be allowed upon the streets of the city, nor shall any 
open air public meeting be held upon any ground abutting upon any 
street or avenue of the city, until a permit therefor shall first be ob¬ 
tained from the police department, under a penalty of not less than 
twenty-five dollars nor more than one hundred dollars. Such per- 


STREETS. 


397 


mits shall be issued without fee, by the superintendent of police, and 
shall, in the case of parades and processions, specify the route to be 
followed upon the streets of the city. 

1872. Obstructions—removal.] The commissioner of public 
works is hereby authorized to order any article or thing whatsoever 
which may incumber or obstruct any street, alley, public landing, 
wharf or pier within said city to be removed; if such article or thing 
shall not be removed within six hours after notice to the owner or per¬ 
son in charge thereof to remove the same, or if the owner cannot be 
readily found for the purpose of such notice, he shall cause the same 
to be removed to some suitable place, to be designated by the said 
commissioner. The owner of any article so removed shall forfeit a 
penalty of not more than ten dollars, in addition to the costs of such 
removal. 

1873. Obstructions—sale authorized.] Any article or thing 
which may be removed in accordance with the preceding section, if of 
sufficient value to more than pay the expenses thereof, shall be adver¬ 
tised ten days and sold by the department of public works, unless the 
same shall be sooner reclaimed, and the penalty and cost paid by the 
owners thereof. The proceeds of such sale shall be paid into the city 
treasury and the balance, if any, after deducting the penalty and costs, 
shall be paid to any person or persons furnishing satisfactory proof 
of ownership. 

1874. Obstructions—vehicles.] No wagon, sleigh, sled, car¬ 
riage, railway carriage or vehicle of any kind or description, or any 
part of the same, without horses or other beasts of burden attached, 
shall be permitted to remain or stand in any improved streets of this 
city for more than one hour, except for the purpose of being repaired, 
and then only in front of the premises of the person so repairing, and 
within ten feet of the curbing, under a penalty of not less than one 
dollar, nor more than twenty-five dollars, and any such wagon, sled, 
sleigh, carriage, railway car or vehicle, or any part of the same, may 
be removed by the department of public works or any police officer 
as provided in the two foregoing sections. 

1875. Sales on street*prohibited.] No person shall make a 
stand or stopping place within any street or alley in the city of Chicago, 
for the purpose of exhibiting for sale, or for the purpose of selling or 
offering for sale, any horses, mules or cattle, or any wagon, carriage 
or other vehicle drawn by either of the animals aforesaid, under a pen¬ 
alty of not less than five dollars nor more than one hundred dollars 
for each offense. 

1876. Blockade—police duty.] Whenever from any cause, 
any street or alley of the city shall be obstructed by a press of teams 
attached to vehicles, loaded or otherwise, the mayor, or any alderman or 
police officer may give such directions in regard to the removal thereof 
as may be required by the public convenience. Any person or per¬ 
sons refusing or neglecting to obey such directions shall be fined not 


398 


GENERAL ORDINANCES. 


less than five dollars nor exceeding twenty-five dollars, and may be 
arrested forthwith to answer for such refusal or neglect. 

1877. Deposit of material—unloading and loading car.] 
No company, corporation or person shall be allowed to deposit or 
place in the street any lumber or other material, nor shall they load or 
unload any car from the street, nor erect or maintain any switch house 
or other building upon any street, highway or alley within the city 
limits, except by permission of the commissioner of public works; any 
violation of this section shall subject such company, corporation or 
person to a penalty of not less than five dollars nor more than ten dol¬ 
lars for each and every offense. 

1878. Wagon boxes to be tight.] Any person or persons 
who shall be engaged in drawing stone, ice, mortar, earth, rubbish or 
manure through the streets shall, when conveying or carrying earth, 
manure, mortar, shavings, and rubbish, convey and carry the same 
in tight boxes, and when carrying or conveying any of the aforesaid 
articles, in case the same fall into the street or the same be scattered 
in any street or avenue, cause the same to be forthwith removed; and 
for any violation of any provision of this section, he or they shall forfeit 
and pay the sum of not more than five dollars for each and every 
offense. 

1879. Wagon boxes—overloading.] Any contractors or other 
person or persons causing any cart, wagon or other vehicle to be 
loaded and heaped up with manure, sand, earth, mud, clay or rubbish 
so that the contents or any part thereof shall be scattered in any 
street, avenue or other public place in this city, shall forfeit and pay the 
sum of not more than five dollars for each offense. 

1880. Injury to pavements.] No person shall injure or tear up 
any pavement, side or cross walk, or any part thereof, dig any hole, 
ditch or drain in, or dig or remove any sod, stone, earth, sand or gravel 
from any street, alley or public ground in the city of Chicago, without 
having first obtained written permission from the department of public 
works; or hinder or obstruct the making or repairing any public im¬ 
provement or work ordered by the city council, or being done under 
lawful authority for the city of Chicago, under a penalty for each 
offense of not less than ten dollars nor more than one hundred dollars. 

1881. Incumbrance or obstruction.] Any person, company 
or corporation who shall incumber or obstruct or cause to be in- 
cumbered or obstructed any street, alley, public landing, wharf or pier, 
or other public place in said city, by placing therein or thereon any 
building materials or any article or thing whatsoever, without having 
first obtained written permission from the commissioner of public 
works, shall oe subject to a penalty of not less than five dollars nor 
more than fifty dollars for each offense, and a further penalty of ten 
dollars for each day or part of a day such incumbrance or obstruction 
shall continue. 

1882. Erection of building in street.] No person shall erect 
or place any building, in whole or in part, upon any street, alley, side- 


STREETS. 


399 


walk or other public ground within this city, under a penalty of not 
more than fifty dollars. 

1883. Streets hereafter to be opened—obstruction.] The 

owner of any building, fence, porch, steps, gallery or other obstruction, 
now standing or which may hereafter be erected or placed upon any 
street, alley or sidewalk, or public ground within this city, or which 
may be left standing upon any new street that has been or may here¬ 
after be opened, shall remove the same within such reasonable time, 
rot exceeding thirty nor less than three days, as he shall be required 
so to do by a notice signed by the commissioner of public works, 
under a penalty of not less than twenty-five dollars nor more than one 
hundred dollars, and a further penalty of ten dollars for every day the 
same shall so remain. 

1884. Refusal to remove—nuisance.] Whenever the owner of 
any building, fence or other obstruction upon any street, alley, side¬ 
walk or public ground in this city chall refuse or neglect to remove the 
same, after notice as prescribed in the preceding section, or if the 
owner cannot be readily found for the purpose of such notice, the same 
shall be deemed a nuisance, and it shall be lawful for the commissioner 
of public works and is hereby made his duty to cause the same to be 
removed or taken down, in his discretion, and the expense thereof 
shall be recoverable of the owner in an action of assumpsit, and every 
person who shall oppose or resist the execution of the orders of said 
commissioner in the premises shall be subject to a penalty of not 
more than one hundred dollars. 

1885. House moving—delay.] The owner of any building or 
the contractor for its removal, either or both, who shall suffer the same 
to be or remain in any of the streets or alleys, or upon any of the 
public grounds of the city for any time longer than may be specified in 
the permit of the commissioner of buildings, shall be subject to a 
penalty of ten dollars, and a like penalty for every twenty-four hours 
the same shall be continued, and such building shall be deemed a nui¬ 
sance. 

1886. Stone dressing.] No person shall be permitted to dress 
stone in the streets or prepare any material for building in the streets 
which can be prepared elsewhere. 

1887. Paving—removal of sand, etc.] Any and all persons other 
than the commissioner of public works, who may hereafter pave or 
cause to be paved any street, lane or other thoroughfare or portion 
thereof in this city, shall have the sand, dirt and rubbish cleaned off 
said street, lane or thoroughfare or any part thereof within twelve days 
after any such pavement shall be completed, except such pavement as 
shall be laid over pipes, which shall be cleared off within six days after 
the same shall be laid. This section shall be so construed as to apply 
to the removal of all sand, dirt or rubbish collected in any part of any 
and all streets, lanes and thoroughfares covered by any pavement so 
done and laid, or excavation that may have been made, or other work 
done in pursuance thereof, and no contract for paving, in pursuance of 



400 


GENERAL ORDINANCES. 


this section, shall be accepted as completed unless the commissioner of 
public works shall certify that this section has been fully complied with. 

1888. Penalty.] Any person or persons, excepting the commis¬ 
sioner of public works, neglecting or refusing to remove the dirt, sand 
or rubbish mentioned in the foregoing section of this article within the 
time specified therein, shall forfeit and pay the sum of twenty-five dol¬ 
lars for each offense, and, in addition thereto, the said commissioner 
shall cause the same to be removed at the expense of the party so neg¬ 
lecting or refusing, who shall be liable to repay and refund the same, 
and which sum shall be collected and paid into the city treasury. 

1889. Proper obstructions.] It shall be lawful for the persons 
employed to pave or repave any street in the city of Chicago, to place 
proper obstructions across such street or cart-way for the purpose of 
preserving the pavement then newly made or to be made, until the 
same shall be fit for use, leaving at all times a sufficient passage for foot 
passengers. 

1890. Displacement of proper obstructions.] No person or per¬ 
sons shall without the consent of the commissioner of public works in 
writing, or without the consent of the person superintending said 
paving, throw down, displace or remove any such obstruction men¬ 
tioned in the last preceding section, under a penalty of not more than 
fifteen dollars for every such offense. 

1891. Length of obstruction—time limit.] Nothing con¬ 
tained in this article shall be construed to authorize any person or per¬ 
sons to stop up or obstruct more than the space of one block and one 
intersection at the same time in any one street, or to keep the same so 
stopped up for more than two days after the cart-way is finished. 

1892. Pipe laying—who shall permit.] No city officer shall 
grant permission to any person, company or corporation to lay any 
pipes for any purpose whatever in the streets or alleys or public 
grounds of the city of Chicago, except for private connections with 
mains already laid, unless the application for such permission shall 
have been approved or recommended by the city council. 

1893. Paving—when forbidden.] No street or alley in the city 
of Chicago shall be paved until after all sewers and water pipes shall 
be laid and constructed therein, unless otherwise specially authorized 
by the city council. 

1894. Signal lights.] Any person having the use of any portion 
of the street or sidewalk for the purpose of erecting or repairing any 
building, or for any other purpose, shall cause two red lights to be 
placed in a conspicuous place in front of such obstruction, and at either 
end of the same, from dusk until sunrise in the morning, each night 
during the time such obstruction remains. 

1895. Paving—duty of contractor—lights.] It shall be the 
duty of every person or persons engaged in digging in any street, in 
paving any street, building any sewer or drain, or trench for water- 
pipes, in any of the public streets or avenues, under contract with the 
corporation of this city, made through either or any of the depart- 


STREETS. 


401 


merits of the said corporation, or by virtue of any permission which 
may have been granted to them by the city council or any department, 
or either of them, where such work, if left exposed, would be danger¬ 
ous to passengeis, to erect a fence or railing at such excavations or 
work in such a manner as to prevent danger to passengers who may 
be traveling such streets, roads or avenues, and to continue and up¬ 
hold the said 1 ailing oi fence until the work shall be completed, or 
the obstruction or danger removed. And it shall also be the duty of 
such persons to place upon such railing or fence at twilight in the 
evening, suitable and sufficient lights and keep them burning through 
the night duiing the performance of said work, under a penalty of not 
more than two hundred dollars for every neglect. 

1896. Preceding section to apply, when. | The provisions of 
the preceding section shall apply to every person who shall place build¬ 
ing materials in any of the public streets or avenues, or be engaged 
in building any vault, or constructing any lateral drain from any cellar 
to any public sewer, or who shall do or perform any work causing ob¬ 
structions in the public streets, by virtue of any permit from any execu¬ 
tive department; and also to all public or corporation officers en¬ 
gaged in performing any work in behalf of the corporation, whereby 
obstructions or excavations shall be made in the public streets. 

1897. Fences and railings to protect openings.] The extent 
to which such railing or fence shall be built in the several cases is 
hereby defined as follows, to wit: 

1. In digging in any street or road, by placing the same along the 
upper bank of such excavation, or by extending the fence so far across 
the street or road as to prevent persons from traveling on such portion 
as would be dangerous. 

2. In paving any street or avenue, by extending it across the car¬ 
riage-way of such street or avenue, or if but a portion of the width of 
such carriage-way be obstructed across such portion; in which case 
the obstruction shall be so arranged as to leave a passage-way, as 
nearly as may be, of uniform width. 

3. In the building of a sewer, by placing it across the carriage-way 
at the ends of such excavations as shall be made. 

4. In building vaults, by inclosing the ground taken for the vaults. 

5. In placing building materials in the streets, by placing it across 
*so much of the street as shall be occupied by such materials; and the 
materials shall be so placed as to occupy a space of uniform width, 
except brick or stone piled solid at least seven feet high. In all cases 
sufficient lights shall be placed upon such building materials, fences or 
railings, and kept burning during the night, as provided by the preced¬ 
ing sections, and a like fence or railing and lights shall be put up and 
maintained in all cases in which a street or other public place is dug 
out at the cost of the corporation. 

1898. Who liable for damages.] In all cases when any per¬ 
son or persons shall perform any of the work mentioned in the preced¬ 
ing sections, either under contracts with the corporation or by virtue 

26 



402 


GENERAL ORDINANCES. 


of permission obtained from the mayor and city council, or either of the 
departments, such persons shall be answerable for any and every dam¬ 
age which may be occasioned to persons, animals or property, by 
reason of carelessness in any manner connected with the said work. 

1899. Duty of department of public works.] It shall be the 
duty of the officers of the department having charge of the particular 
class of improvements to see that the requirements contained in this 
article, in regard to the erection of fencing and placing lights, in all 
cases be complied with severally. 

1900. Police supervision.] It shall be the duty of the superin¬ 
tendent of police to see to the enforcement of each and all of the pro¬ 
visions of this article, and each and every policeman shall, whenever 
there is any obstruction in any street or alley or sidewalk, endeavor to 
remove the same; and, in case such obstruction shall be of such a char¬ 
acter that the same can not readily be removed, then said policeman 
shall report the same to the department of public works, and the said 
department shall be authorized to remove the same. 

1901. General penalty.] Any person who shall violate, neglect 
or refuse to observe any of the provisions of this article, when no other 
or different penalty is provided, shall be fined, on conviction, not less 
than five dollars nor more than twenty dollars. 

ARTICLE II. 

POLES, WIRES AND CONDUCTORS. 

1902. Permit to erect required.] No person, firm or corpora¬ 
tion shall erect, construct or put up any pole, line or wire, or electric 
conductor of any description whatever within the limits of the city of 
Chicago, without first having obtained a permit therefor, under a valid 
and existing ordinance, from the commissioner of public works, which 
permit shall be countersigned by the superintendent of city telegraph, 
under a penalty of one hundred dollars for each and every offense; and 
each and every day any such telegraph pole, line or wire, or electric 
conductor, shall be continued and maintained after the first conviction 
shall constitute a new and separate offense. 

1903. Two miles each year underground.] All telegraph, tele¬ 
phone and electric light and power companies owning, using or having 
poles set in any of the streets, avenues, alleys or public grounds of the 
city of Chicago shall, each and every year, remove two miles of said 
poles from the streets, avenues, alleys and public grounds and place 
the wires or conductors thereon in underground conduits, at such time 
and in such manner as may be directed by the commissioner of public 
works. Said conduits shall be constructed under the supervision of 
said commissioner, and in accordance with the provisions hereinafter 
provided and also in accordance with all the ordinances now in force 
or which may hereafter be passed concerning telegraph, telephone or 


STREETS. 


403 


electric light and power conductors or wires. Any person, firm or cor¬ 
poration neglecting 01 refusing to observe and comply with the orders 
or directions of the commissioner of public works relating to the carry - 
ing out of the piovisions of this section shall be subject to a penalty of 
not less than fifty dollars nor more than one hundred dollars, and 
every day any such person, firm or corporation shall fail or neglect to 
const! uct the conduits herein provided for after being notified so to do 
by said commissioner shall be considered a separate and distinct viola¬ 
tion of this section. 

1904. Location, j Such wires or conductors shall in no case be 
placed at a greater distance from the curb-stone separating sidewalks 
from carriageway than four feet, except in crossing streets running 
transverse to the direction of the said lines, when such crossing shall 
be made in the shortest straight line, or in making necessary connec¬ 
tions with buildings and stations. 

1905. Traffic— not to impede.] I he method employed by 
laying said conductors shall be such that it will at no time be neces¬ 
sary to remove so much of the pavement, or to make such excavation, 
as to materially impede traffic or passage upon sidewalk or street 
during the operation of laying or repairing said conductors, except 
when in crossing streets transversely, where it shall be permitted to 
remove the pavement for a width not exceeding two feet, and in the 
nearest straight line from corner to corner. In no case during the 
general hours of passage and traffic shall passage be interrupted there¬ 
by for a longer period than one hour. 

1906. Supervision—space.] The work of removal and replace¬ 
ment of the pavements in any and all of the streets, avenues, high¬ 
ways and public places in and through which the wire of any com¬ 
pany shall be laid shall be subject to the control and supervision of 
the commissioner of public works; excavations in any and all of the 
unpaved streets, avenues,,highways or public places shall also be sub¬ 
ject to like control and supervision. The space selected for placing 
said wires, in every case being limited as to direction and general posi¬ 
tion by the foregoing provisions, shall not exceed two feet in width 
by two feet in depth. 


ARTICLE III. 

WHARFING PRIVILEGES. 

1907. Obstruction of— removal — penalty.] No person shall 
occupy, encumber or obstruct any portion of those parts of the streets 
of the city of Chicago called wharfing privileges, or any portion of a 
street adjoining the Chicago river or either of its branches, with a 
wharf, building, lumber, stone or any other substance or material, 
without special authority and permission from the city council; and 
every person occupying any building or wharf, or owner of any build¬ 
ing or wharf, lumber, stone or other substance or material which is 


i 


404 


GENERAL ORDINANCES. 


now placed or remaining upon any portion of any such parts of said 
streets as are sometimes called wharfing privileges, or any portion of 
a street adjoining the Chicago river or either of its branches, without 
the permission or authority of said city council, shall remove the same 
from said portions of said streets within ten days after notice so to do; 
and any person who shall be guilty of a breach of any provision of this 
article, or shall place any building, wharf, lumber, stone or other sub¬ 
stance or material, without special authority or permission from the 
city council, upon any of such portions of said streets, and every per¬ 
son occupying any such building or wharf, or owner of any such 
building, wharf, lumber, stone or other material, who shall suffer the 
same to remain on any of such portions of said streets contrary to the 
provisions of this article, shall forfeit and pay to said city a penalty of 
twenty dollars for each day or part of day such building, wharf, lum¬ 
ber, stone or other substance or material shall remain or continue upon 
any of such portions of said streets. 


CHAPTER LXII. 


V 

t 

SIGNS. 

1908. Projection.] No person shall place or cause to be placed 
or suspend or cause to be suspended, from any house, shop, store, lot 
or place, over or into any street or sidewalk, any goods, wares or 
merchandise whatever, or signs or any other thing, so that the same 
shall project from the wall or front of said house, shop, lot or place, 
more than three feet toward or into the street or over the sidewalk. 

1909. Height above sidewalk—projection.] Signs securely 
fastened and not exceeding three feet in length, may be suspended 
over and at a height above the sidewalks not less than nine feet, and 
no sign, show bill, lantern or show board which at its lowest part is 
less than nine feet in height above the sidewalk, shall project into any 
street more than three feet, under a penalty of not less than five nor 
more than twenty-five dollars for each offense, and a further penalty 
of ten dollars for every day such sign, show bill, show board or other 
thing may be continued or remain after an order to remove the same 
is given by any policeman or public officer. 

1910. Unlawful erection—removal.] All signs, show bills, 
show boards, lanterns or signs of any description whatsoever, which 
have been erected or put up in any manner different from the pro¬ 
visions hereof, shall be removed forthwith, and any person who shall 
neglect or refuse to remove the same within twenty days after notice 
given by any policeman or public officer, shall be liable to a fine of not 
less than five dollars nor more than twenty dollars for every day said 
sign, show bill, lantern or showboard may remain after said notice 
has been given to said person to remove the same. 

1911. Lamp posts—erection.] It shall and may be lawful for 
any person to erect a lamp post opposite his or her house, store or 
place of business, with such lettering or device as such person may 
think proper, in a line with those erected by the city near the curb 
line: Provided, said lamps and lamp posts shall not be less in size than 
those erected by the city, and the lamps or illuminated sign placed 
thereon shall not be more than three feet wide, and the posts shall be 
erected of the same height and in the same manner and of the same 
material as those now used by the city for lighting purposes. 

1912. Owner to pay for gas consumed.] The connection of 
said lamp post or posts shall be made through a gas meter to be sup¬ 
plied by the person or persons erecting the same, so that the expense 
of the gas consumed shall not be paid by the city. No show boards 
shall be attached to or placed upon any lamp posts. All lamp posts 
erected by any person shall be removed at any time at the expense of 
the owner or occupant, whenever the mayor, commissioner of public 
works, or the city council shall order. 

405 


406 


GENERAL ORDINANCES. 


1913. Lamp posts heretofore erected.] All lamps or lamp 
posts which have been heretofore erected and used as signs, which 
shall be made to conform to the requirements of this article, may be 
allowed to remain, subject, however, to be removed at any time as 
above provided. 

1914. Street sign — injury to — penalty.] Any person who 
shall break, misplace or carry away any of the street signs now or 
hereafter to be placed on any of the public lamps, shall be liable to a 
penalty of not more than five dollars for each offense. 

1915. Illuminated clocks — barber poles.] Illuminated 
clocks which have been erected on the outer edge of sidewalks 
upon posts, and which are in actual use, and which are kept in run¬ 
ning order at the expense of the owner and regulated so as to indi¬ 
cate the correct time, may be allowed to remain subject to be removed 
at any time as above provided. Barbers’ poles may be constructed 
six feet in height, but shall be placed within three feet of the build¬ 
ing or boundary line of the lot. 

1916. Sign’posts prohibited — penalty.] No sign or other 
posts, except as herein provided, shall be erected or placed on or upon 
any sidewalk or street or other public way within the city limits, or if 
heretofore erected or placed shall be permitted to remain on or upon 
or over any sidewalk or street or other public way, under a penalty of 
five dollars, and a like penalty for every day such post, sign or other 
thing shall be allowed to remain after notice to the owner or occupant 
of the premises from the commisioner of public works to remove the 
same; but nothing herein contained shall prevent the erection of posts 
in front of each building for the purpose of hitching horses; every 
such post so erected shall be not more than eight inches nor less than 
six inches in diameter, and not to exceed four feet in height, and 
shall be placed in a line within the outer edge of the sidewalk. 

1917. Advertisements — owner’s consent.] No person or 
persons shall, within the limits of the city of Chicago, post or paint 
an advertisement upon any private wall, door, gate or fence (without 
consent in writing first obtained of the owner of such wall, door, gate 
or fence), or upon any curbstone, flagging, gutter stone, sidewalks, 
lamp posts, gateways, telegraph poles, fire plugs, wooden or iron rail¬ 
ing or fence of any public grounds or buildings, of the announcements 
for sale or barter of any description of drugs, merchandise or medi¬ 
cine, or of the nature of treatment of any disease, of any public amuse¬ 
ment or lottery, or notices of a general public character, or any adver¬ 
tisement whatever, without the previous written permission of the 
mayor. Any person violating any of the provisions of this section shall 
be liable to a penalty of not more than twenty dollars for each and 
every offense. 

1918. General penalty.) Whoever shall violate any of the 
provisions of this article, where a specific fine has not been provided 
for, shall upon conviction thereof be fined not less than five dollars 
nor more than fifty dollars for each and every offense. 


CHAPTER LXIII. 


SOAP FACTORIES. 

1919. License.] No person, firm or corporation shall carry on 
the business of manufacturing soap within the city of Chicago or 
within one mile of the limits thereof, without first having obtained a 
license for such business as hereinafter provided for each soap factory 
conducted by such person, firm or corporation. 

1920. Application—contents.] Any person, firm or corporation 
desiring to engage in the. business of manufacturing soap or conduct¬ 
ing a soap factory shall file with the city collector an application in 
writing containing the full name of the person or style of the firm or 
corporation, and the location of the place of business for which such 
license is desired. 

1921. Fee—notice of change in location.] Upon compliance 
with the foregoing section and the payment to the city collector of an 
annual license fee of one hundred dollars, any such applicant shall be 
entitled to a license to carry on said business. If any change be made 
in the location of the place of business covered by any license issued 
hereunder, notice thereof shall be given to the city clerk and to the 
city collector. 

1922. Penalty.] Any person, firm or corporation violating any of 
the provisions of this chapter shall be subject to a penalty of not less 
than one hundred dollars nor more than two hundred dollars. 


407 


CHAPTER LXIV. 


I 


STATIONARY ENGINEERS. 

1923. Board of examiners created — qualifications — duty.] 

There shall be appointed by the mayor, by and with the advice and 
consent of the city council, a board of examiners, consisting of three 
practical engineers, who shall be competent judges of the construction 
of steam boilers and engines, and experienced in their operation, 
whose duty it shall be to examine applicants for licenses for engineers 
and boiler or water tenders in accordance with the rules and regu¬ 
lations of this chapter, and to issue to such applicants as are found 
qualified, certificates of qualification. Each certificate so issued by 
them shall expire one year from the date of issue. 

1924. Rules and regulations—daily sessions.] Said board of 
examiners shall be provided with suitable quarters by the commis¬ 
sioner of public works. Said board shall make and enforce such rules 
and regulations for its government and that of its employes as may be 
deemed proper and desirable, not inconsistent with the provisions of 
this chapter. Said board, or a majority thereof, shall hold daily ses¬ 
sions, of such duration as may be deemed requisite, between the hours 
of nine o’clock a. m. and ten o’clock p. m., for the purpose of examin¬ 
ing and determining the qualifications of applicants for licenses for 
engineers and for persons having charge of steam boilers as provided 
herein. 

1925. Examination—license—license fee.] The board of ex¬ 
aminers, or a majority thereof, shall have power to examine into the 
qualifications of applicants, grant licenses, and, for cause, suspend 
or revoke the same. Every application for a license shall be made on 
the printed blanks furnished by the board of examiners, and shall 
set forth the name, age and citizenship of the applicant, and the . 
extent of his experience. An application for an engineer’s license 
shall be accompanied by a fee of two dollars and that for a boiler or 
water tender’s license shall be accompanied by a fee of one dollar. 

1926. Applicant’s qualifications.] An applicant for an engineer’s 
license must be a machinist or engineer, having at least two years’ 
practice in the management, operation or construction of steam en¬ 
gines and boilers. An applicant for a boiler tender’s license must be 
a person who has a thorough knowledge of the construction, manage¬ 
ment and operation of steam boilers. Each engineer and boiler or 
water tender, so to be licensed, must be at least twenty-one 
years of age, a citizen of the United States, or have declared his inten¬ 
tion to become such, must be of temperate habits and good character, 
all of which shall be vouched for in writing by at least two citizens of 

408 



STATIONARY ENGINEERS. 


409 


Chicago, or shall be verified under oath by the applicant when re¬ 
quired by the board of examiners. 

1927. License—suspension—revocation.] The board shall have 
power to suspend the license of an engineer or of a boiler or water 
tender for permitting water to get too low in the boiler; for carrying a 
higher pressure of steam than allowed by law; for an absence from his 
post of duty; or for any violation of the provision of this chapter, or 
other neglect or incapacity; Provided, however, that no license shall 
be suspended or revoked without first giving the accused person an op¬ 
portunity to be heard in his own defense. When the license of an en¬ 
gineer or boiler or water tender shall be revoked for the first offense, 
no license shall be issued to him for thirty days thereafter; for the 
second offense for ninety days; for any offense thereafter his license 
shall be permanently revoked. In case of the suspension or revocation 
of a license, the fee thereof shall be forfeited to the city. 

1928. License, attestation of.] Every certificate of license issued 
to an engineer or boiler or water tender shall be signed by the majority 
of the board of examiners, sealed with an imprint of the board’s seal 
and attested by the clerk. 

1929. Records.] The board of examiners shall cause to be kept 
in suitable books a full and correct detailed record of its official 
proceedings, including the names of the members of the board, 
the names, ages and residences of all applicants for licenses, the num¬ 
ber issued and rejected, the number of licenses suspended, renewed or 
revoked, the cause therefor, the names of the persons forfeiting li¬ 
censes; also the full amount of money received, and that returned 
on rejected applications. The financial record must be balanced 
daily, and the result thereof, in writing, shall be filed daily with 
the city comptroller. 

1930. Bribery—fraud.] If any member of the board of exam¬ 
iners, or any person or employe connected therewith, shall at any 
time, or under any pretense whatever, himself or through any other 
person or persons receive, or cause to be received, any money, gift 
or other valuable thing or consideration, except as herein provided, for 
the purpose of officially favoring any applicant, or for the pur¬ 
pose of deceiving or defrauding any person or persons, or shall 
issue a license authorizing any person or persons to act as engineer 
or boiler or water tender without first having examined and found 
him or them qualified for such service, in accordance with the 
provisions and conditions of this chapter, then, in such case, the 
member or members of the board or other person so offending 
shall be removed from office by the mayor, and ever after be debarred 
from holding any position, official or otherwise, in the service of 
the city of Chicago, and any applicant who shall himself, or through 
any other person, offer, or cause to be offered, any money or other 
valuable consideration to said board, or any member thereof, or any 
person connected therewith, for any official act or favor, shall ever 
after be debarred from receiving any license under this chapter. 


410 


GENERAL ORDINANCES. 


1931. Unlicensed engineer.] No steam engine or boiler subject 
to the provisions of this chapter shall be used, managed or op¬ 
erated in the city of Chicago, except by an engineer or boiler or 
water tender as provided herein, and who shall have been duly li¬ 
censed as provided herein and who shall have and exhibit a certifi¬ 
cate thereof. Any person who shall take charge of or manage 
or operate any steam engine or boiler, or any portion of a steam 
plant in the city of Chicago without a proper and valid license, 
as provided by this ordinance, shall, for each and every offense, 
be subject to a fine of not less than twenty dollars nor more than 
fifty dollars, and any person, agent, firm, company or corpora¬ 
tion owning or controlling any steam engine, boiler or other 
steam plant, who shall authorize or permit any person or persons 
without a proper and valid license, as required herein, to take 
charge of, manage or operate any steam engine or boiler or any 
portion of a steam plant, shall, for each and every offense, be subject 
to a fine of not less than fifty dollars nor more than two hun¬ 
dred dollars, and each day’s violation of any of the provisions of 
this chapter shall constitute a separate offense. 

1932. Duty of board to enforce.] It shall be the duty of the 
board of examiners to see that each boiler plant in the city of 
Chicago shall have a licensed engineer, or boiler or water tender, 
or both, as provided herein, in charge at all times when working 
under pressure, whose certificate of qualification shall be dis¬ 
played in a conspicuous place in the engine or boiler room, and 
each engineer and boiler tender shall devote his entire time, while 
boilers are working under pressure, to the duties of the plant 
under his charge. Any person who has charge of a steam boiler, 
whose duty it is to keep up the water in such boiler, shall be 
deemed a boiler or water tender, within the meaning of this chap¬ 
ter, but the provisions hereof for the examination, licensing and reg¬ 
ulation of boiler or water tenders shall apply only to boiler 
or water tenders who are in charge of a steam boiler or boilers which 
are detached from the engine room, or so far removed therefrom or 
otherwise circumstanced or located as to render it difficult for the en¬ 
gineer in charge of the plant to give it or them his personal attention 
and supervision. 

1933. Engineer’s reports.] Every engineer licensed under 
this chapter shall, within the first ten days of January and July 
respectively, of each year, make a written report to the board 
of examiners of the condition of the engines, boilers and steam 
apparatus comprising the plant under his charge, and every boiler 
or water tender shall at the same time make to said board 
of examiners a similar report of the condition of the boiler or 
boilers and steam apparatus under his charge. All additions or 
changes made in any plant shall be reported by the engineer and 
the boiler or water tender to the board of examiners within ten days 
thereafter. 


STATIONARY ENGINEERS. 


411 


1934. Exempt persons—police reports.] Engineers in charge 
of locomotives shall be exempt from the provisions of this chap¬ 
ter, and all boilers used for heating private dwellings, hot houses, 
conservatories and other boilers carrying not more than ten 
pounds pressure of steam per square inch and the persons operat¬ 
ing them shall be exempt from the provisions of this chapter. 
The police are instructed to report all infractions of this chap¬ 
ter coming to their notice. 

1935. Salaries.] Said board hereby created shall not in its 
salaries and expenditures exceed the amount received from license 
fees; shall quarterly and yearly make a written report under oath 
to the city comptroller of all receipts and expenditures, and 
pay over to the city of Chicago all balances in their hands. The 
salary of the secretary of the board shall be seventeen hundred 
dollars per year, and he shall devote his whole time to seeing 
to the enforcement of the provisions of this chapter, and each 
of the other members shall receive a salary of fifteen hundred dol¬ 
lars per year. In case the receipts from the license fees shall 
be insufficient to pay the above salaries and the legitimate ex¬ 
penses of said board, their salaries, above mentioned, shall be 
diminished pro rata to the amount of the deficiency. 


CHAPTER LXV. 


STEAM BOILERS. 

/ 

1936. Office of inspector created—term.] There is hereby 
created the office of inspector of steam boilers, who shall hold his 
office for the term of two years, and until his successor shall 
be appointed and qualified. 

1937. Appointment.] He shall be appointed by the mayor, by 
and with the advice and consent of the city council, on the first Mon¬ 
day in May, 1897, or as soon thereafter as may be, and biennially 
thereafter. 

1938. Qualifications.] The person so appointed shall be a 
person well qualified from practical experience in the use and 
construction of boilers, generators and super-heaters, and their 
appurtenances, used for generating steam for power, steaming or 
heating purposes, to enable him to judge of their safety for use 
as such, and who is neither directly nor indirectly interested in 
the manufacturing, ownership or agency of steam boilers which 
are to be inspected. 

1939. Bond.] Said inspector, before entering upon the duties 
of his office, shall execute a bond to the city of Chicago, in the 
sum of five thousand dollars, with two or more sureties, to be 
approved by the mayor, conditioned for the faithful performance 
of the duties of his office. 

1940. Duties. 1 It shall be the duty of the inspector, upon 
proper application, to inspect all boilers used for the generation of 
steam power or for heating or steaming purposes, except in private 
residences, and all tanks subjected to steam pressure, used in any 
business, by making a careful examination of, and subjecting 
the same to a hydrostatic pressure which shall exceed the max¬ 
imum working pressure in the ratio of one hundred and fifty 
to one hundred pounds; and in no case shall the working pres¬ 
sure be more than one hundred pounds per square inch for a new 
boiler, forty-eight inches in diameter, made of No. 1 iron plates 
of one-fourth of one inch in thickness, and the steam pressure of all 
boilers, whether thicker or thinner, larger or smaller than before 
mentioned in this section, shall be governed by the same standard 
of strength; Provided, however, that whenever the plates of which any 
boiler is made show thereon the manufacturers’ stamp indicating its 
tensile strength, such boiler may be tested and rated in accord¬ 
ance with the United States steamboat inspection law governing the 
inspection of steam boilers. 

1941. Duty of owners.] It shall be unlawful for any person 

412 


STEAM BOILERS. 


413 


tc» use any steam boiler or any tank or tanks subject to steam pressure 
in this city, until he shall have first procured a certificate from the in¬ 
spector that it may be safely used; and, it shall be the duty of every 
person using' any steam boiler or any tank or tanks subject to steam 
pressure, in this city, to have the same inspected by the inspector of 
boilers as often as once in each and every year thereafter; and, to 
that end, every owner or person using a steam boiler or tank aforesaid 
shall make or cause to be made, annually after such first inspection, 
an application in writing to the inspector requesting him to inspect 
the same. 

1942. Certificate—record.] When an inspection of a boiler 
or boilers, tank or tanks, generator or generators, super-heater or 
super-heaters, has been made, and the same shall be approved by the 
inspector, he shall make and deliver to the person for whom the in¬ 
spection was made, upon the payment to him of the fees hereinafter 
mentioned, a certificate of such inspection, which shall contain the date 
of inspection, together with a general description, for what purpose 
used, the number of try cocks, steam and water gauges, pumps, the 
pounds pressure to which said boilers have been tested, and the maxi¬ 
mum pressure at which they may be safely used; which certificates 
shall be framed and put up in the office, or some other conspicuous 
place on the premises, for examination, and a record of the same shall 
be made by the said inspector, in a well-bound book, alphabetically in¬ 
dexed. 

1943. Inspection of repairs.] It shall be the duty of said in¬ 
spector, on the written application of the owner or agent of any boiler, 
generator or super-heater, stating that the same is out of repair, or has 
been repaired, to examine the same when so repaired, and determine 
if the same has been properly done, and it shall be unlawful for any 
person to use any boiler, after the same has been repaired, until he 
shall have first procured a certificate from the inspector that it has 
been properly done and may be safely used. 

1944. Fees.] Said inspector may charge a fee of three dollars 
for inspecting each boiler, which shall be paid by the party requiring 
such service before the delivery of such certificate; Provided, that in 
any establishment where more than one boiler is used said inspector 
shall only be entitled to said fee of three dollars upon one boiler, and 
to a fee of two dollars upon each and every additional boiler. 

1945. Charging excess of fee.] If the inspector shall take 
or receive any money or other valuable thing from any person, other 
than the fees allowed by this chapter, for the purpose of deceiving or 
defrauding any person or persons, or for the purpose of favoring any 
person or persons, or if said inspector shall issue any certificate of in¬ 
spection without having at the time stated thoroughly examined and 
tested the boiler so certified for, he shall be fined in the penal sum of 
one hundred dollars, and shall be removed from his office by the 
mayor, and shall ever after be incompetent to hold the same. 

1946. Try cocks—gauges—force pumps.] It shall be the 


414 


GENERAL ORDINANCES. 


duty of every owner or other person using steam boilers in the city of 
Chicago to provide and properly affix to each and every one of such 
boilers a full complement of try cocks, one water gauge, one steam 
gauge, one or more safety valves of suitable dimensions (one of which 
safety valves shall be a spring or pop valve), and plugs of good Banca 
tin to be inserted in a suitable manner in the flues, crown sheet or other 
parts of the boiler most exposed to the heat of the furnace when the 
water falls below its prescribed limits, all to be subject to the approval 
of the inspector, and to provide and properly attach to each boiler a 
good and sufficient force pump or other means of supplying the boiler 
with water, which shall also be subject to the approval of the inspector. 

1947. Owners to provide facilities. ) All owners or other 
persons using steam boilers and tanks, and other machinery subject 
to inspection as aforesaid, shall provide, at their own expense, such ar¬ 
rangements and facilities for attaching the instruments for inspection 
as the inspector shall direct. 

1948. Engineer’s negligence.] If any engineer shall negli¬ 
gently or wrongfully endanger the life of any person by permitting 
the water to fall below three inches above the flues or crown sheet 
of any boiler, or otherwise neglect his duties, he shall be subject to a 
fine of not less than twenty-five dollars, nor more than two hundred 
dollars. 

1949. Safety valve.] The safety valves of steam boilers shall 
be loaded to sustain only the maximum pressure allowed by said in¬ 
spector. 

1950. Penalty.] Any person who shall violate any of the pro¬ 
visions of this chapter, where no other penalty is provided, shall be 
subject to a penalty of not less than twenty dollars, nor exceeding one 
hundred dollars, for each and every offense. 

1951. Monthly report.] The inspector of steam boilers of the 
city of Chicago shall make to the comptroller, on or before the tenth 
day of each month, a report in writing, verified by affidavit, showing in 
detail the fees and charges collected by him in the preceding 
month, and, at the same time, shall pay into the city treasury 
one-half of such fees and charges so collected by him for the 
use of the city of Chicago, and one-half of all such fees and 
charges so collected by him shall be retained by him as 
and for his salary. A failure to make such report and to pay over 
such fees and charges, within the time above limited, shall be con¬ 
sidered as a resignation of such office, and the mayor may there¬ 
upon declare the office vacant and appoint a successor. 

1952. Apparatus.] The city of Chicago shall provide such in¬ 
struments, books, papers and things as shall be necessary for the 
proper performance of the duties of such inspector, which shall be 
the property of said city, and which shall be delivered by said in¬ 
spector to his successor in office, or to the commissioner of public 
works, whenever he shall cease, for any cause, to discharge the duties 
of said office; said inspector shall also, without expense or charge, in- 


STEAM BOILERS. 


415 


spect all boilers owned or used by the city, or any of its departments, 
whenever called upon by the proper officer. He shall also report to 
the city council every three months, or as often as once a month if re¬ 
quired by said council, all inspection of boilers by him made. 


CHAPTER LXVI. 


STEAM WHISTLES. 

1953. Steamboat whistles.] No person shall blow or cause 
to be blown the steam whistle of any steamboat, wharf boat, tug or 
other boat, for any purpose whatever, while lying at anchor at any 
wharf or dock in said city, or when approaching or leaving such wharf 
or dock, or when passing through any draw-bridge in said city, from 
the time such boat shall have entered the approach to such bridge, 
until it shall have passed through said draw-bridge and beyond the 
opposite approach, or when running in the Chicago river or any of its 
branches in said city, except when absolutely necessary as a signal of 
danger and in cases and under circumstances prescribed by the laws 
and regulations of the United States requiring the use of such whistles. 

1954. Locomotive whistles.] No person shall blow or cause 
to be blown the steam whistle of any locomotive within the limits of 
the city of Chicago, for any purpose, except to avoid collisions or in 
cases of imminent danger. 

1955. Stationary engines.] No person shall blow or cause 
to be blown within the city limits of the city of Chicago, the steam 
whistle of any stationary engine as a signal for commencing or sus¬ 
pending work, or for any other purpose, except as specified in the two 
preceding sections of this article. 

1956. Signals to bridge tenders—size of whistles,] All 
boats in passing or repassing up and down upon the Chicago river, or 
any of its branches, may use a steam whistle to signal bridge tenders to 
open and swing bridges and such signal shall be given by three sharp, 
short sounds of the whistle, to be given in succession as quickly as pos¬ 
sible, and not to be prolonged, and the whistle used for this purpose 
shall be of copper, the tube not less than thirteen inches long, three 
inches in diameter, and the steam pipe not more than one inch in 
diameter. 

1957. Bells may be substituted.] The department of public 
works may at any time direct that bells shall be substituted in place of 
steam whistles to be used for giving notice to bridge tenders to open 
oridges. 

1958. Article construed.] Nothing in this article contained 
shall be construed as forbidding the use of steam whistles as alarm sig¬ 
nals in case of fire or collision, or other imminent danger, nor for the 
necessary signals by the steam engines of the fire department of the 
city. 

1959. Penalty.] Any violation of or failure to comply with any 
provision of this chapter shall be punished by a fine of not less than five 
dollars nor more than one hundred dollars. 

416 


CHAPTER LXVII. 


TANNERIES. 

1960. License.] No person, firm, or corporation shall carry 
on the business of tanning within the city of Chicago or within one mile 
of the limits thereof, without first having obtained a license for such 
business, as hereinafter provided, for each tannery conducted by such 
person, firm or corporation. 

1961. Application—contents.] Any person, firm, or corpo¬ 
ration so desiring to carry on the business of tanning or keeping a tan¬ 
nery, shall file with the city collector an application in writing contain¬ 
ing the full name of the person, or style of firm or corporation, and 
the location of the place of business for which such license is desired. 

1962. Fee—notice of change of location.] Upon com¬ 
pliance with the foregoing section, and payment to the city collector 
of an annual license fee of fifty dollars, any such applicant shall be 
entitled to a license to carry on the business as aforesaid. 

If after issuance and delivery of a license hereunder, any change be 
made in the location of the place of business covered thereby, notice 
thereof shall be given to the city clerk and city collector. 

1963. Penalty.] Any person, firm, or corporation violating 
any of the provisions of this chapter shall be subject to a penalty of 
not less than one hundred dollars, nor more than two hundred dollars. 


4 


27 


417 


CHAPTER LXVIII. 


WARDS. 

1964. Ward boundaries.] The city of Chicago is hereby di¬ 
vided into thirty-four wards, as follows: 

First ward— All that portion of the city of Chicago bounded 
as follows: Commencing at the center of the mouth of the Chicago 
river; thence west and south along the center of said river to the cen¬ 
ter of Twelfth street, thence east along the center of Twelfth street 
projected, to Lake Michigan, thence north along the shore of Lake 
Michigan to the center of the mouth of the Chicago river, shall be de¬ 
nominated the First ward. 

Second ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the shore of Lake 
Michigan and the center of Twelfth street projected, thence west along 
the center of Twelfth street to the center of the Chicago river, thence 
southerly along the center of said river to the center of Sixteenth 
street, thence east along the center of Sixteenth street to the center of 
Clark street, thence south along the center of Clark street to the center 
of Twenty-sixth street, thence east along the center of Twenty-sixth 
street projected, to Lake Michigan, thence northerly along the shore 
of Lake Michigan to the center of Twelfth street projected, shall be 
denominated the Second ward. 

Third ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the shore of Lake 
Michigan and the center of Twenty-sixth street projected, thence west 
along the center of Twenty-sixth street to the center of Wentworth av¬ 
enue, thence south along the center of Wentworth avenue to the center 
of Thirty-third street, thence east along the center of Thirty-third street 
projected, to Lake Michigan, thence northerly along the shore of Lake 
Michigan to the center of Twenty-sixth street projected, shall be de¬ 
nominated the Third ward. 

Fourth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the shore of Lake 
Michigan and the center of Thirty-third street projected, thence west 
along the center of Thirty-third street to the center of Stewart avenue, 
thence south along the center of Stewart avenue to the center of 
Thirty-ninth street, thence east along the center of Thirty-ninth street 
projected, to Lake Michigan, thence northerly along the shore of 
Lake Michigan to the center of Thirty-third street projected, shall be 
denominated the Fourth ward. 

Fifth ward —All that portion of the city of Chicago bounded 

418 


WARDS. 


419 


as tollows: Commencing at the intersection of the center of Sixteenth 
street and the center of the Chicago river, thence southwesterly along 
the center of said river to the center of Halsted street, thence south 
along the center of Halsted street to the center of Thirty-third street, 
thence east along the center of Thirty-third street to the center of 
Wentworth avenue, thence north along the center of Wentworth ave¬ 
nue to the center of Twenty-sixth street, thence east along the center 
of Twenty-sixth street to the center of Clark street, thence north along 
the center of Clark street to the center of Sixteenth street, thence west 
along the center of Sixteenth street to the center of the Chicago river, 
shall be denominated the Fifth ward. 

Sixth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of Halsted 
street and the center of the Chicago river, thence southwesterly along 
the center of said river and the Illinois and Michigan canal to the cen¬ 
ter of Western avenue, thence south along the center of Western ave¬ 
nue to the center of Thirty-ninth street, thence east along the center of 
Thirty-ninth street to the center of Stewart avenue, thence north along 
the center of Stewart avenue to center of Thirty-third street, thence 
west along the center of Thirty-third street to the center of Halsted 
street, thence north along the center of Halsted street to the center of 
the Chicago river, shall be denominated the Sixth ward. 

Seventh ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of the 
Chicago river and the center of West Twelfth street, thence west along 
the center of West Twelfth street to the center of Johnson street, 
thence south along the center of Johnson street to the center of West 
Eighteenth street, thence east along the center of West Eighteenth 
street to the center of Johnson street, thence south along the center 
of Johnson street to the center of West Twenty-second street, thence 
east along the center of West Twenty-second street to the center of 
South Halsted street, thence south along the center of South Halsted 
street to the center of the Chicago river, thence northeasterly along 
the center of the Chicago river to the center of West Twelfth street, 
shall be denominated the Seventh ward. 

Eighth ward —All that portion of the city of Chicago bounded as 
follows: Commencing at the intersection of the center of Throop street 
and the center of West Twelfth street, thence south along the center of 
Throop street to the center of the Chicago river, thence easterly along 
the center of the Chicago river to the center of South Halsted street, 
thence north along the center of South Halsted street to the center of 
West Twenty-second street, thence west along the center of West 
Twenty-second street to the center of Johnson street, thence north 
along the center of Johnson street to the center of West Eighteenth 
street, thence west along the center of West Eighteenth street to the 
center of Johnson street, thence north along the center of Johnson 
street to the center of West Twelfth street, thence west along the 


420 


GENERAL ORDINANCES. 


center of West Twelfth street to the center of Throop street, shall be 
denominated the Eighth ward. 

Ninth ward. —All that portion of the city of Chicago bounded as 
follows: Commencing at the intersection of the center of Throop street 
and the center of West Taylor street, thence west along the center of 
West Taylor street to the center of South Wood street, thence south 
along the center of South Wood street to the center of the Illinois and 
Michigan canal, thence northeasterly along the center of said canal 
and the center of the Chicago river to the center of Throop street, 
thence north along the center of Throop street to the center of West 
Taylor street, shall be denominated the Ninth ward. 

Tenth ward —All that portion of the city of Chicago bounded as 
follows: Commencing at the intersection of the center of South Wood 
street and the center of West Taylor street, thence west along the 
center of West Taylor street to the center of South Western avenue, 
thence north along the center of South Western avenue to the center 
of West Taylor street, thence west along the center of West Taylor 
street to the center of South Campbell avenue, thence south along the 
center of South Campbell avenue to the center of West Twelfth street, 
thence west along the center of West Twelfth street to the center of 
South Fortieth avenue (Crawford avenue) thence south along the 
center of South Fortieth avenue to the center of the Illinois and Mich¬ 
igan canal, thence northeasterly along the center of said canal to the 
center of South Wood street, thence north along the center of South 
Wood street to the center of West Taylor street, shall be denominated 
the Tenth ward. 

Eleventh ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of North 
May street and the center of West Ohio street, thence west along the 
center of West Ohio street to the center of North Center avenue, 
thence north along the center of North Center avenue to the center 
of West Ohio street, thence west along the center of West Ohio street 
to the center of North Paulina street, thence south along the center of 
Paulina .street to the center of West Taylor street, thence east along 
the center of West Taylor street to the center of Sibley street, thence 
north along the center of Sibley street to the center of Gilpin place, 
thence west along the center of Gilpin place to the center of Sibley 
street, thence north along the center of Sibley street to the center of 
Macaliister place, thence east along the center of Macalister place 
to the center of Sibley street, thence north along the center of Sibley 
street to the center of West Harrison street, thence east along the 
center of West Harrison street to the center of Throop street, 
thence north along the center of Throop street to the center of West 
Van Buren street, thence east along the center of West Van Buren 
street to the center of Center avenue, thence north along the center 
of Center avenue to the center of West Madison street, thence east 
along the center of West Madison street to the center of Ann street, 
thence north along the center of Ann street to the center of West Lake 


WARDS. 


421 


.street, thence east along - the center of West Lake street to the center 
of May street, thence north along the center of May street to the cen¬ 
ter of West Ohio street, shall be denominated the Eleventh ward. 

Twelfth ward All that portion of the city of Chicago bounded as 
follows: Commencing at the intersection of the center of Paulina 
street and the center of Washington boulevard, thence west along the 
center of Washington boulevard to the center of California avenue, 
thence north along the center of California avenue to the center of West 
Lake street, thence west along the center of West Lake street to the 
center of North Fortieth avenue (Crawford avenue),thence south along 
the center of Fortieth avenue to the center of West Twelfth street, 
thence east along the center of West Twelfth street to the center of 
Campbell avenue, thence north along the center of Campbell avenue 
to the center of West Taylor street, thence east along the center of 
West Taylor street to the center of Western avenue, thence south 
along the center of Western avenue to the center of West Taylor 
street, thence east along the center of West Taylor street to the center 
of South Paulina street, thence north along the center of Paulina street 
to the center of Washington boulevard, shall be denominated the 
Twelfth ward. 

Thirteenth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of North 
Paulina street and the center of West Chicago avenue, thence west 
along the center of West Chicago avenue to the center of North For¬ 
tieth avenue (Crawford avenue), thence south along the center of 
North Fortieth avenue to the center of West Lake street, thence 
southeasterly and easterly along the center of West Lake street to 
the center of North California avenue, thence south along the center 
of North California avenue to the center of Washington boulevard, 
thence east along the center of Washington boulevard to the center 
of Paulina street, thence north along the center of Paulina street to 
the center of West Chicago avenue, shall be denominated the Thir¬ 
teenth ward. 

Fourteenth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of 

North Ashland avenue and the center of West North avenue, 
thence west along the center of West North avenue to the cen¬ 
ter of North Fortieth avenue (Crawford avenue), thence south along 
the center of North Fortieth avenue to the center of West Chi¬ 
cago avenue, thence east along the center of West Chicago avenue 
to the center of North Ashland avenue, thence north along the center 
of North Ashland avenue to the center of West North avenue, shall 
be denominated the Fourteenth ward. 

Fifteenth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center 
of North Western avenue and the center of Belmont avenue, thence 
west along the center of Belmont avenue to the center of Kedzie 
avenue, thence south along the center of Kedzie avenue to the center 


422 


GENERAL ORDINANCES. 


, 

of West North avenue, thence east along the center of West North 
avenue to the center of the Chicago river, thence northwesterly 
along the center of the Chicago river to the center of Western 
avenue, thence north along the center of North Western avenue to 
the center of Belmont avenue, shall be denominated the Fifteenth 
ward. 

Sixteenth ward— All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of the 
Chicago river and the center of North avenue, thence west along 
the center of North avenue to the center of North Ashland 
avenue, thence south along the center of North Ashland avenue 
to the center of West Chicago avenue, thence west along the 
center of Chicago avenue to the center of North Paulina street, 
thence south along the center of Paulina street to the center of 
West Ohio street, thence east along the center of West Ohio 
street to the center of North Center avenue, thence south along the 
center of North Center avenue to the center of West Ohio street, 
thence east along the center of West Ohio street to the center of North 
May street, thence north along the center of North May street 
to the center of West Chicago avenue, thence east along the center 
of West Chicago avenue to the center of North Carpenter street, 
thence north along the center of North Carpenter street to the center 
of the Chicago river, thence northerly along the center of the Chicago 
river to the center of North avenue, shall be denominated the Six¬ 
teenth ward. 

Seventeenth ward — All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the 

center of the Chicago river and the center of North Carpenter 
street, thence south along the center of North Carpenter street to 
the center of West Chicago avenue, thence west along the center of 
West Chicago avenue to the center of North May street, thence 
south along the center of North May street to the center of West 
Lake street, thence east along the center of West Lake street to the 
center of the Chicago river, thence north and northwesterly along the 
center of the Chicago river to the center of North Carpenter street, 
shall be denominated the Seventeenth ward. 

Eighteenth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of the 
Chicago river and the center of Lake street, thence west along 
the center of Lake street to the center of Ann street, thence 
south along the center of Ann street to the center of West Madison 
street, thence west along the center of West Madison street to 
the center of Center avenue, thence south along the center of Center 
avenue to the center of West Van Buren street, thence east along the 
center of West Van Buren street to the center of the Chicago river, 
thence north along the center of the Chicago river to the center ot 
Lake street, shall be denominated the Eighteenth ward. 


WARDS. 


423 


Nineteenth ward — All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center 
of the Chicago river and the center of Van Buren street, thence 
west along the center of Van Buren street to the center of Throop 
street, thence south along the center of Throop street to the center of 
West Harrison street, thence west along the center of West Harrison 
street to the center of Sibley street, thence south along the center of 
Sibley street to the center of Macalister place, thence west along the 
center of Macalister place to the center of Sibley street, thence south 
along the center of Sibley street to the center of Gilpin place, thence 
east along the center of Gilpin place to the center of Sibley street, 
thence south along the center of Sibley street to the center of West 
Taylor street, thence east along the center of West Taylor street to the 
center of Throop street, thence south along the center of Throop street 
to the center of West Twelfth street, thence east along the center of 
West Twelfth street to the center of the Chicago river, thence northerly 
along the center of the Chicago river to the center of Van Buren street, 
shall be denominated the Nineteenth ward. 

Twentieth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the cen¬ 
ter of North Halsted street and the center of Fullerton avenue, 
thence west along the center of Fullerton avenue to the center of the 
Chicago river, thence southeasterly along the center of the Chi¬ 
cago river to the center of Division street, thence east along 
the center of Division street to the center of North Halsted street, 
thence north along the center of North Halsted street to the center 
of Fullerton avenue, shall be denominated the Twentieth ward. 

Twenty-first ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the cen¬ 
ter of Fullerton avenue and the shore of Lake Michigan, thence 
west along the center of Fullerton avenue to the center of North 
Halsted street, thence south along the center of North Halsted 
street to the center of North avenue, thence east along the center of 
North avenue to the shore of Lake Michigan, thence northerly along 
the shore of Lake Michigan to the center of Fullerton avenue, shall 
be denominated the Twenty-first ward. 

Twenty-second ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the cen¬ 

ter of North avenue and the shore of Lake Michigan, thence west 
along the center of North avenue to the center of North Halsted 
street, thence south along the center of North Halsted street to the 
center of Division street, thence east along the center of Division 
street to the shore of Lake Michigan, thence northerly along the shore 
of Lake Michigan to the center of North avenue, shall be denominated 
the Twenty-second ward. 

Twenty-third ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the cen- 


424 


GENERAL ORDINANCES. 


ter of Wells street and the center of Division street, thence west 
along the center of Division street to the center of the north 
branch of the Chicago river, thence southeasterly and easterly 
along the center of the north branch of the Chicago river to the cen¬ 
ter of Wells street, thence north along the center of Wells street to the 
center of Division street, shall be denominated the Twenty-third ward. 

Twenty-fourth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the cen¬ 
ter of Division street and the shore of Lake Michigan, thence 
west along the center of Division street to the center of Wells 
street, thence south along the center of Wells street to the center 
of the Chicago river, thence east along the center of the Chicago 
river to Lake Michigan, thence northerly along the shore of Lake 
Michigan to the center of Division street shall be denominated the 
Twenty-fourth ward. 

Twenty-fifth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the Indian 
Boundary Line (north city limits) and the shore of Lake Michigan, 
thence southwesterly and west along the north city limits to the vil¬ 
lage line of Rogers Park, which lies two hundred feet west of Ridge 
avenue, thence southeasterly along said line to the center of Pratt 
avenue, thence east along the center of Pratt avenue to the center 
of Ridge avenue, thence southeasterly along the center of 
Ridge avenue to the center of Devon avenue, thence east along the 
center of Devon avenue to the center of North Clark street, thence 
southerly along the center of North Clark street to the center of Byron 
street, thence east along the center of Byron street to the center of 
Racine avenue, thence south along the center of Racine avenue to 
the center of Fullerton avenue, thence east along the center of Ful¬ 
lerton avenue to the shore of Lake Michigan, thence northerly along 
the shore of Lake Michigan to the said Indian Boundary Line, shall 
be denominated the Twenty-fifth ward. 

Twenty-sixth ward — All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the village 
line of West Ridge, which lies two hundred feet west of Ridge avenue 
and northern city limits, thence west along the city limits to the west 
line of West Ridge, thence south along the west line of West Ridge 
to the center of Devon avenue, thence east along the center of Devon 
avenue to the center of North Western avenue, thence south along 
the center of North Western avenue to the center of the north branch 
of the Chicago river, thence southeasterly along the center of the 
north branch of the Chicago river to the center of Fullerton avenue, 
thence east along the center of Fullerton avenue to the center of Ra¬ 
cine avenue, thence north along the center of Racine avenue 
to the center of Byron street, thence west along the center of 
Byron street to the center of North Clark street, thence northerly 
along the center of North Clark street to the center of Devon avenue, 


WARDS. 


425 


thence west along the center of Devon avenue to the center of Ridge 
avenue, thence northwesterly along the center of Ridge avenue to the 
center of Pratt avenue, thence west along the center of Pratt avenue 
to the village line of West Ridge, which lies two hundred feet west 
of Ridge avenue, thence northerly along said line to the north city 
limits, shall be denominated the Twenty-sixth ward. 

Twenty-seventh ward — All that portion of the city of Chi¬ 
cago bounded as follows: Commencing at the intersection of the 
center of North Western avenue and the center of West Devon avenue, 
thence west along the center of West Devon avenue to the cen¬ 
ter of Milwaukee avenue, thence northwesterly, west, north, 
east and south along the city limits to the center of Bryn Mawr ave¬ 
nue, thence east along the center of Bryn Mawr avenue to the center 
of North Sixtieth avenue, thence south along the center of North 
Sixtieth avenue to the center of West Irving Park boulevard, thence 
west along the center of West Irving Park boulevard to the center of 
North Seventy-second street, thence south along the center of North 
Seventy-second street to the center of West North avenue, thence 
east along the center of West North avenue to the center of North 
Kedzie avenue, thence north along the center of North Kedzie avenue 
to the center of West Belmont avenue, thence east along the center of 
West Belmont avenue to the center of North Western avenue, thence 
north along the center of North Western avenue to the center of West 
Devon avenue, shall be denominated the Twenty-seventh ward. 

Twenty-eighth ward — All that portion of the citv of Chi¬ 
cago bounded as follows: Commencing at the intersection of the 
center of North Fortieth avenue (Crawford avenue) and West North 
avenue, thence west along the center of West North avenue to the 
center of North Fifty-second avenue (Robinson avenue), thence south 
along the center of North Fifty-second avenue to the center of West 
Madison street, thence east along the center of West Madison street 
to the center of South Forty-eighth avenue (Hymen avenue), thence 
south along the center of South Forty-eighth avenue to the center of 
West Twelfth street, thence east along the center of West Twelfth 
street to the center of South Forty-sixth avenue, thence south along 
the center of South Forty-sixth avenue to the center of West Thirty- 
ninth street, thence east along the center of West Thirty-ninth street 
to the center of South Western avenue, thence north along the center 
of South Western avenue to the center of the Illinois and Michigan 
canal, thence southwesterly along the center of the Illinois and Michi¬ 
gan canal to the center of South Fortieth avenue, thence north along 
the center of South Fortieth avenue to the center of West North ave¬ 
nue, shall be denominated the Twenty-eighth ward. 

Twenty-ninth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center of 
State street and the center of Thirty-ninth street, thence west 
along the center of Thirty-ninth street to the center of South 


426 


GENERAL ORDINANCES. 


Forty-eighth avenue, thence south along the center of South Forty- 
eighth avenue to the center of West Forty-seventh street, thence east 
along the center of West Forty-seventh street to the center of State 
street, thence north along the center of State street to the center of 
Thirty-ninth street, shall be denominated the Twenty-ninth ward. 

Thirtieth ward —All that portion of the city of Chicago bounded 
as follows: Commencing at the intersection of the center of State 
street and the center of West Forty-seventh street, thence west along 
the center of West Forty-seventh street to the center of South Forty- 
eighth avenue, thence south along the center of South Forty-eighth , 
avenue to the center of West Sixty-third street, thence east along the 
center of West Sixty-third street to the center of State street, thence 
north along the center of State street to the center of West Forty- 
seventh street, shall be denominated the Thirtieth ward. 

Thirty-first ward— All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center 
of State street and the center of West Sixty-third street, thence west 
along the center of West Sixty-third street to the center of South For¬ 
ty-eighth avenue, thence south along the center of South Forty-eighth 
avenue to the center of West Eighty-seventh street, thence east along 
the center of West Eighty-seventh street to the center of South West¬ 
ern avenue, thence south along the center of South Western avenue 
to the center of West One Hundred and Seventh street, thence east 
along the center of West One Hundred and Seventh street to the cen¬ 
ter of South Halsted street, thence north along the center of South 
Halsted street to the center of West One Hundred and Third street, 
thence east along the center of West One Hundred and Third street 
to the center of Stewart avenue, thence north along the center of Stew¬ 
art avenue to the center of West Ninety-ninth street, thence east along 
the center of West Ninety-ninth street to the center of State street, 
thence north along the center of State street to the center of West Six¬ 
ty-third street, shall be denominated the Thirty-first ward. 

Thirty-second ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center of 
Thirty-ninth street projected, and the shore of Lake Michigan, thence 
southwest and west along the center of Thirty-ninth street to the cen¬ 
ter of State street, thence south along the center of State street to the 
center of Fifty-fifth street, thence east along the center of Fifty-fifth 
street to the shore of Lake Michigan, thence northwesterly along the 
shore of Lake Michigan to the center of Thirty-ninth street projected, 
shall be denominated the Thirty-second ward. 

Thirty-third ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center of 
Fifty-fifth street and the shore of Lake Michigan, thence west along 
the center of Fifty-fifth street to the center of Stony Island avenue, 
thence south along the center of Stony Island avenue projected 
through Lake Calumet to the intersection of the west line of sections 


WARDS. 


427 


twenty-six and thirty-five, township thirty-seven north, range four¬ 
teen, thence south along the said section line to the city limits, thence 
east along the city limits to the Indiana state line, thence north along 
the Indiana state line to the shore of Lake Michigan, thence north¬ 
westerly along the shore of Lake Michigan to the center of Fifty-fifth 
street, shall be denominated the Thirty-third ward. 

Thirty-fourth ward —All that portion of the city of Chicago 
bounded as follows: Commencing at the intersection of the center 
of Stony Island avenue and the center of Fifty-fifth street, thence west 
along the center of Fifty-fifth street to the center of State street, thence 
south along the center of State street to the center of Ninety-ninth 
street, thence west along the center of West Ninety-ninth street to the 
center of Stewart avenue, thence south along the center of Stewart ave¬ 
nue to the center of West One Hundred and Third street, thence west 
along the center of West One Hundred and Third street to the center 
of South Halsted street, thence south along the center of South Hal- 
sted street to the center of West One Hundred and Eleventh street, 
thence west along the center of West One Hundred and Eleventh 
street to the center of South Peoria street, thence south along the cen¬ 
ter of South Peoria street to the center of West One Hundred and Fif¬ 
teenth street, thence west along the center of West One Hundred and 
Fifteenth street to the center of South Ashland avenue, thence south 
along the center of South Ashland avenue to the center of West One 
Flundred and Twenty-third street, thence east along the center of West 
One Hundred and Twenty-third street to the center of South Halsted 
street, thence south along the center of South Halsted street to the city 
limits, thence east, south and east along the city limits to the east line 
of sections thirty-five and twenty-six, township thirty-seven north, 
range fourteen, thence north along said section line projected through 
Lake Calumet, to the center of Stony Island avenue, thence north 
along the center of Stony Island avenue to the center of Fifty-fifth 
street, shall be denominated the Thirty-fourth ward. 


CHAPTER LXIX. 


WATER. 


ARTICLE I. 

RULES AND REGULATIONS. 

1965. Consumers subject to rules.] Every consumer of the 
water of the Chicago water works shall be governed by and be subject 
to the rules and regulations prescribed by the department of public 
works, and it is hereby made the duty of the commissioner of public 
works to enforce the same. 

1966. Who shall be supplied—forfeit.] No occupant or owner 
of any building in which the water is introduced shall be allowed, 
without permission, to supply other persons or families. For any 
violation of this provision the supply shall be stopped and the amount 
paid forfeited. 

1967. Failure to comply with provisions.] Whenever two or 
more parties shall be supplied from one service pipe connecting with 
the distributing main, the failure on the part of any one of said parties 
tc comply with any provision .of this section shall authorize the com¬ 
missioner of public works to withhold the supply of water from such 
service pipe, without any liability whatsoever, and all payments made 
shall be forfeited. 

1968. Connections prohibited unless under license.] Any 

person who shall lay any water service pipes, or introduce into or 
about any building or on any grounds, any water pipes, or do any 
plumbing work in any building or on any grounds, for the 
purpose of connecting such pipes or plumbing work with the pipes 
of the Chicago water works, or of preparing them for such con¬ 
nections, with the view of having such premises supplied with water 
by the Chicago water works, or who shall make any additions to or 
alterations of any water pipe, bath, water closet, stop cock or other 
fixture or apparatus for the supplying of any premises with water, 
without being duly licensed to perform such work and without having 
first obtained a permit for doing such work from the commissioner of 
public works, shall be subject to a fine of not less than ten dollars and 
not exceeding fifty dollars. 

1969. Tampering with mains and pipes.] It shall be unlawful 
for any person or persons in any manner to interfere with any main 
or service water pipes of the city, without permission therefor ob- 

428 



WATER. 


429 


tained from the department of public works, under a penalty of not 
less than ten dollars nor more than fifty dollars for each offense. 

1970. Wrongful turning on of water.] Any person who shall 
turn on the supply of water to any premises Irom which the supply has 
been, on account of non-payment of water rent, or for any other 
cause, turned off by the city, without having first obtained a permit 
so to do from the department of public works, shall be subject to a 
fine of not less than ten dollars nor more than two hundred dollars, 
and liable to be excluded from using* the water for twelve months 
thereafter. 

1971. Applications — contents — fraudulent representation.] 
Applications for water must state fully all purposes for which it is re¬ 
quired, and parties must answer truthfully all questions put to them 
relating to its consumption. In case of fraudulent representation by 
the applicant, or the use of water for purposes not embraced in the 
applicant’s application, or of willful or unreasonable waste of water, 
the said commissioner shall have the right to stop the supply of 
water, unless the offender shall promptly pay such additional charge 
as said commissioner may impose. 

1972. Hydrants—location—taps.] No hydrants shall be per¬ 
mitted on the sidewalk or in the front area, neither shall they be per¬ 
mitted to keep running when not in actual use. Taps at wash basins, 
water closets, baths and urinals shall be kept closed in like manner. 

1973. Service pipes, etc.—keep in repair.] All persons using 
water shall keep their own service pipes, stop cocks and apparatus in 
good repair and protected from frost at their own expense, and shall 
prevent all unnecessary waste of water through hydrants or defective 
pipes: Provided, however, that a reasonable time, not to exceed 
twenty-four hours, shall be allowed to parties having defective pipes to 
lepair, or cause the same to be repaired. 

1974. Waste—remedy.] The commissioner of public works may 
cause me waier supply to ue cut off in all cases where there is a waste 
of water, after notice nas been given to cease such waste, and also in 
all cases where establishments requiring a large supply of water have 
failed to procure and use water meters, as required by the provisions 
contained in this chapter. 

1975. Hose sprinkling.] No person shall use any water sup¬ 
plied through the Chicago water works for the purpose of hose sprink¬ 
ling between the hours of 6 a. m. and 6 p. m. in the day, but upon 
compliance with the ordinances of said city, and the rules, regulations 
and requirements relating to water takers, such water takers shall 
be permitted to take such water for hose sprinkling between the hours 
of 6 p. m. and 5 a. m. 

1976. t Power of entry.] The officers of the department of pub¬ 
lic works^ and every person delegated for such purpose, shall have 
free access at proper hours of the day to all parts of every building 
in which the water is consumed, to examine the pipes and nxtures and 
to ascertain whether there is any unnecessary waste of water. 


430 


GENERAL ORDINANCES. 


1977. Obstructing access.] No person shall, in any manner, 
obstruct the free access to any stop cock, meter or elevator dial con¬ 
nected with any water pipe within any street, alley or common of said 
city, by means of any coal, lumber, brick, building material or other 
article or thing whatsoever, or refuse the free access thereto by the 
proper city authorities, under a penalty of not less than five dollars nor 
more than fifty dollars for each offense. 

1978. Duty of police.] It shall be the duty of the police of the 
city of Chicago, and of all persons in the employ of the city having po¬ 
lice power, to enforce the provisions of this article, and arrest all 
persons violating the same. 

1979. General penalty.] Any person who shall violate any or 
either of the regulations specified in this article, shall, on conviction, 
in addition to the enforcement of the forfeiture, liabilities, stipulations 
and reservations therein contained, pay a fine of not less than three 
dollars nor more than twenty dollars. 

1980. Fines—disposal of.] All moneys received from fines for 
violations of the provisions of this article shall be employed and used 
in the construction and repair of the fire hydrants, and shall be paid 
over to the comptroller for that purpose, and said comptroller shall 
pay out such sums from the funds so raised and for the purpose herein¬ 
before mentioned upon vouchers to be audited by the commissioner of 
public works. 

ARTICLE II. 

WATER RATES. 

1981. The minimum water assessment on each and every build¬ 
ing fronting on any street, avenue or other public highway, in or 
through which any public water supply pipe is laid, shall be the 
amount respectively specified hereinafter as frontage rates, and for 
special uses of water such rates, in addition, as are hereinafter named; 
Provided, however, that when the supply of water to any building 
or premises is wholly controlled by meter, the said building or prem¬ 
ises shall be assessed by meter measurement only, irrespective of 
the number and character of the fixtures, or the special uses for 
which the water may be used; Provided, further, that in no case shall 
any building or premises supplied through meter pay less per annum 
than the amount prescribed for said building or premises by frontage 
rates. 


WATER. 


431 


FRONTAGE RATES. 


FRONT WIDTH OF 
BUILDING. 


12 feet and less.... 

Over 12 to 15 feet 

“ 15 “ 18 “ 

“ 18 “ 21 “ 

“ 21 “ 24 “ 

“ 24 “ 27 “ 

“ 27 “ 30 “ 

“ 30 “ 33 “ 

“ 33 “ 36 “ 

“ 36 “ 40 “ 

“ 40 “ 44 “ 

“ 44 “ 48 “ 

“ 48 “ 52 “ 

“ 52 “ 56 “ 

“ 57 “ 62 “ 

“ 62 “ 67 “ 

“ 67 “ 72 “ 

“ 72 “ 77 “ 

“ 77 “ 82 “ 

“ 82 “ 87 “ 


FRONTAGE RATES PER ANNUM. 
STORIES IN HEIGHT OF BUILDINGS. 


One. 


$ 3.00 
4.00 
5.00 
6.00 
7.00 
8.00 
9.00 
10.00 
11 .00 
12.00 
13.00 
14.00 
15.00 
16.00 
17.00 
18.00 
19.00 
20.00 
21.00 
22.00 


Two. 


$ 4-50 

5.50 

6.50 

7.50 

8.50 

9.50 

10.50 

11.50 

12.50 

13-50 

14.50 

15.50 

16.50 

17.50 

18.50 

19.50 

20.50 

21.50 

22.50 

23.50 


Three. 


$6.00 
7.00 
8.00 
9.00 
10.00 
11.00 
12.00 
13.00 
14.00 
15.00 
16.00 
17.00 
18.00 
19.00 
20.00 
21.00 
22.00 
23.00 
24.00 
25.00 


Four. 


#7.50 

8.50 

9.50 

10.50 

11.50 

1 2.50 
I3-50 

14.50 

15.50 

16.50 

17.50 

18.50 

19.50 

20.50 

21.50 

22.50 

23.50 

24.50 

25.50 

26.50 


Five. 

$ 9 

.00 

10 

.00 

11 

.00 

12 

.00 

13 

.00 

14 

.00 

15 

.00 

16, 

.00 

'7 

.00 

18. 

.00 

19, 

.00 

20. 

,00 

21. 

.00 

22. 

.00 

23 ' 

,00 

24. 

,00 

25 - 

,00 

26. 

,00 

27. 

,00 

28. 

00 


Six. 


$10.50 

11.50 

12.50 

I3-50 

14.50 

15.50 

16.50 

17.50 

18.50 

19.50 

20.50 

21.50 

22.50 

23.50 

24.50 

25.50 

26.50 

27.50 

28.50 

29.50 


Larger buildings in proportion. 

All basements and attics containing one or more finished rooms 
shall be deemed and estimated as additional stories; modern flats, 
or family hotels occupied by more than one independent family, 
shall be charged for each additional family three dollars per annum; 
ordinary dwellings, occupied by more than two families, three dollars 
for each additional family in excess of two. 

In addition to the above scale of frontage rates, and for special 
water fixtures in each dwelling, the rates shall be as hereinafter speci¬ 
fied. 

Independent vacant lots supplied with water through one faucet 
shall be assessed not less than three dollars per annum; and for any 
additional water fixtures the same rates as hereinafter specified for 
like fixtures. 

CLASS I. 


PRIVATE DWELLING RATES. 

In addition to frontage rates. 

A family may consist of any number of persons, not to exceed 
















































432 


GENERAL ORDINANCES. 


twelve, including all children, boarders, employes and servants; each 
person in excess of that number shall be assessed fifty cents per annum. 

The rate for special water fixtures shall be as follows. 

Bathing tubs in private dwelling houses only, be^ 

yond one, each, per annum. $3.00 

Water closets and privy vaults in private dwelling 

houses only, beyond one, each, per annum. . 3.00 

Urinals, each, per annum. 1.00 

Wash hand basins, with faucets, beyond one, each, 

per annum. 1.00 

Steam heating, per ton of coal consumed.05 

Green-houses attached to private dwellings, each, 

per annum.$2.00 to 6.00 

Each hose used for sprinkling or washing walks, 

windows, and like purposes, per annum. 3.00 

Out buildings, rear buildings, or buildings on alleys supplied with 
water, and occupied by one or more families, shall be subject to the 
rates above specified for special water fixtures. When any portion of 
such building is occupied for sleeping rooms only by more than 
two lodgers, the assessment for each additional lodger shall be fifty 
cents per annum, and for special water fixtures, dwelling house rates. 

CLASS II. 

BOARDING HOUSE RATES. 

In addition to frontage rates, boarding houses occupied by not more 
than twelve persons shall be assessed private dwelling rates. For each 
and every boarder or other person in excess of such number, fifty cents 
per annum shall be charged. 

Boarding houses which furnish accommodation for day or lodg¬ 
ing boarders in excess of twelve persons shall be assessed for special 


water fixtures as follows: 

Bath tubs, each, per annum. $3.00 

Water closets, each, per annum. 3.00 

Wash hand basins, with faucet, each, per annum. . 1.00 

Fixed laundry tubs in excess of three, per an¬ 
num . 1.50 

Boarding houses selling wine or liquors on prem¬ 
ises, extra, per annum. 5.00 

Hydraulic engines, meter measurement. 


For all purposes other than above specified, the rates for special fix¬ 
tures, and conditions for use of water in boarding houses, shall be the 
same as prescribed elsewhere for similar purposes. 












WATER. 


433 


CLASS III. 

HOTEL AND TAVERN RATES. 

In addition to frontage rates. 

From one room to twelve inclusive, the same rates as for boarding 
houses, thence for each additional room, per annum, one dollar. 


For special water fixtures, the following rates: 

Bath tubs, each, per annum. $3.00 

Wash hand basins, each, per annum. i .00 

Steam engines, per horse power, per annum. ... 4.00 

Water closets, each, per annum. 3.00 

Urinals, per annum. 1.50 

Hydraulic engines, meter measurement. 

Fixed laundry tubs, in excess of three, each, per 

annum. 2.00 

Steam heating, per ton of coal consumed.05 


Saloon bars, connected with hotels or taverns, saloon rates. 

Any of the above named fixtures open to general or promiscuous 
use shall be assessed at public rates. 

For all purposes other than above specified, the rates for special fix¬ 
tures and conditions for use of water shall be the same as prescribed 
elsewhere for similar purposes. 

CLASS IV. 

BLOCK OR OFFICE BUILDING RATES. 

In addition to frontage rates. 

Each twenty feet front and not exceeding twelve rooms therein 
shall be included in regular frontage rates. 

For each room in excess of that number occupied for office pur¬ 


poses, per annum, $1.00. 

P'or special water fixtures as follows: 

Steam engines, per horse power.$4.00 

Hydraulic engines, meter measurement. 

Bath tubs, each. 2.00 

Wash hand basins, each. 1.00 

Water closets, each. 2.50 

Urinals, each. 1.50 

Steam heating, per ton of coal consumed.05 


The above named fixtures on premises occupied by a family shall 
be assessed private dwelling rates, and when open to general or pro¬ 
miscuous use the same shall be assessed public rates. 

For all purposes other than above specified the rates for special 
fixtures and conditions for the use of water in and about the above 
designated buildings shall be the same as prescribed elsewhere for 
similar purposes. 

28 














434 


GENERAL ORDINANCES. 


CLASS V. 

STORES AND BUSINESS PREMISES RATES. 

Each building, or part thereof, occupied as a store, show room, 
bank, theater, warehouse, factory or shop where not to exceed ten 
persons are employed, shall be assessed (in addition to regular front¬ 
age rates) on said building, twenty-five cents per annum for each ad¬ 
ditional person, and the rates for special water fixtures shall be as fol¬ 
lows: 

Wash hand basins or sinks, each faucet per annum.$2.50 


Water closets, per annum. 3.50 

Urinals, per annum.1.50 

Steam engines, per horse power. 4.00 

Hydraulic engines, meter measurement. 

Steam heating, per ton of coal consumed.05 


All fixtures open to general or promiscuous use shall be assessed 
at public rates. 

Each family occupying any portion of either of the above desig¬ 
nated buildings shall be assessed private dwelling rates. 

For all purposes other than above specified the rates for special fix¬ 
tures and conditions for the use of water shall be the same as pre¬ 
scribed elsewhere for similar purposes. 


CLASS VI. 

SALOON RATES. 

IN ADDITION TO FRONTAGE RATES. 

DRAM SHOPS. 

There shall be assessed for general and special water fixtures as 
follows when there is no water faucet or other water fixture on 


saloon premises. 

For use of bar, per annum.$3.00 

When there is one or two faucets for use of bar... 5.00 
Each additional faucet, or the equivalent for same, 

for use of bar.2.00 

Water closets, each. 3.50 

Urinals, each. 1.30 

Hydraulic pumps, each. 5.00 

Horse watering trough on sidewalk, in use not to 

exceed eight months, each. 3.00 

Hose for sprinkling, washing windows, etc. 3.00 

Bars in groceries or other establishments. 5.00 














WATER. 


435 


ICE CREAM SALOON OR PARLOR. 

Without bars, each table, four to six persons, per 

annum.$0.50 

Larger tables proportionate rates. 

With bar or other fixtures, drinking saloon rates ad¬ 
ditional. 

RESTAURANTS, EATING HOUSES, CLUB ROOMS, ETC. 

Without bars, each table of four to six persons, per 

annum.$1.00 * 

Larger tables proportionate rates. 

With bars or other fixtures, drinking saloon rates 
additional. 

BILLIARD ROOMS, BOWLING ALLEYS, SHOOTING GALLERIES AND 

LIKE ESTABLISHMENTS. 

In addition to frontage rates, without bars, each 

per annum.$3.00 

With bars or other fixtures drinking saloon rates 
additional. 


SODA WATER FOUNTAINS. 

Each, per annum.$3.00 

When dwellings are connected with saloons each family shall be 
assessed private dwelling rates. 

For all special fixtures same rates as prescribed elsewhere for 
similar purposes. 


CLASS VII. 

STABLE RATES. 

Buildings fronting on any street used as public stables shall be as¬ 
sessed frontage rates and in addition thereto for special uses of water, 
as follows: 


LIVERY, SALE AND BOARDING STABLES. 

For average number of stalls in use, including the 
washing by hand of wheeled vehicles, each per 

annum .$2.00 

Vehicles washed by hose, additional, each per 

annum . i-5° 








436 


GENERAL ORDINANCES. 


\ 

CLUB STABLES 

Horses and mules, including washing vehicles by 

hand, each per annum.$2.00 

Vehicles when washed by hose, additional, each per 

annum.*1.25 

More than one cow, each per annum.75 

CAR AND OMNIBUS STABLES. 

For average number of horses or mules including 

washing vehicles by hand, each per annum... . 2.50 

Washing vehicles with hose, additional.2.00 

More than one cow. 75 

Street railway or other watering stations, 

each.$25.00 to 150.00 

TRUCK AND CART STABLES. 

1 

For horses and mules, each. 1.00 

More than one cow.75 

For hose used for stable purposes only. 3.00 

Buildings used as stables fronting on alleys and located in the rear 
of other buildings when supplied with water will be exempt from front¬ 
age rates, but shall be assessed as follows: 

For horses and mules, including washing vehicles, 


each per annum.$2.00 

More than one cow.75 


Such portions of any stable building used or occupied by a family 
shall be respectively assessed private dwelling rates. 

COW STABLES. 

Average number of cows, each per annum.$ .75 

Hose, for stable use only, each per annum .$3.00 to 10.00 
All fixtures in and about any stable for other uses shall be assessed 
at the same rates as elsewhere for similar purpose. 


CLASS VIII. 

PUBLIC BATHING ESTABLISHMENT RATES. 


In addition to frontage rates. 

Bath tubs, each per annum.$6.00 

Wash hand basins, each per annum. 1.50 

Water closets, each per annum. 3.00 

Urinals, each per annum. 1.00 

Fixed laundry tubs, each per annum. 1.75 



















WATER. 


437 


BARBER SHOPS. 


In addition to frontage rates. 

Bath tubs, each per annum.$6.00 

Wash hand basins, each per annum. 1.50 

Water closets, each per annum. 3.00 

Urinals, each per annum. 1.00 

Fixed laundry; tubs, each per annum. 1.75 


CLASS IX. 

FOUNTAIN RATES. 

Each jet, not to exceed one-sixteenth of an inch, 


per annum.$ 5.00 

Each jet, not to exceed one-eighth of an inch, 

per annum. 20.00 

Each jet, not to exceed one-eighth of an inch, 

per annum. 50.00 

Vegetable fountains, per annum. 5.00 

Automatic lawn sprinklers, per annum. 1.00 

Aquariums with water connections, per 

annum.$2.00 to 10.00 


The above named fixtures, except aquariums, shall not be used to 
exceed four months during the year, nor to exceed an average of four 
hours per day for such period. 

No fountain shall be permitted on any premises where the water is 
not taken for other purposes, and to an extent sufficient for those pur¬ 
poses; and if the water from the jet or fountain shall be allowed to 
how into premises adjacent to or in 'the neighborhood, where it may 
be used for other purposes, the supply shall be stopped and the 
amount of payment forfeited. 


CLASS X. 




MISCELLANEOUS RATES IN ADDITION TO FRONTAGE RATES. 


Bakeries per bbl. of flour or meal used. 

Building purposes, each 1,000 brick. 

Building purposes, each cord of stone. 

Building purposes, each cubic yard of concrete.. .. 
Building purposes, each 100 square yards plas¬ 
tering. 

Bolt heading machines, each per annum. 

Bottling establishments, meter meas¬ 
urement, or each.$ 3.00 to 

Church organ motors, meter measurement. 


$ .01 

•05 

.06 

.02 


•15 

2.00 

10.00 



















438 


GENERAL ORDINANCES. 


Chemical laboratories, meter measure¬ 


ment, or each, per annum. $ 3 00 to $ 12.00 

Cooperage, meter measurement, or 

each, per annum. 3.00 to 10.00 

Convents, private dwelling rates. 

Club rooms, each, per annum. 3.00 to 6.00 

Cells in jails, including inmates, each. .. . 1.00 

Fish stalls. 1.50 

Fish packing. 10.00 to 100.00 


Fire department buildings, each per annum, pri¬ 
vate dwelling rates. 

Fire patrol buildings, each per annum, private 
dwelling rates. 

Foundries, each per annum, same rates as pre¬ 
scribed in class V. 

Foundries, for use of each hose, per annum.$4.00 

Forges, blacksmith, for use of each hose, per an- 1.50 

num. 1-50 

Forges, power hammers, for use of each hose, per 

annum. 5.00 

Gang saws in stone-vards, each per an¬ 
num.$10.00 to 50.00 

Gardens, flower and vegetable, sprinkled with 

hose, each 1,000 square feet, per annum. ... 3.00 

Hydraulic motors for elevators, each per annum, 
meter measurement. 

Hydraulic or gas motors for elevators, small, each, 


per annum.$4.00 to 12.00 

Hospitals (private), at private dwelling rates. 

Meat stalls, each, per annum. 1.00 

Milk depots and dairies, each per an¬ 
num .$3.00 to 10.00 

Medical colleges, business rates, class V. 

Photograph galleries, each per annum. . .$3.00 to 10.00 

Public laundry tubs, each per annum. 3.00 

Police stables, private dwelling rates. 

Public halls, each per annum. 5.00 


Public halls, fixtures for special use of water, pri¬ 
vate dwelling rates. 

Schools, boarding, boarding-house rates. 

Schools, swimming, meter measurement, or esti¬ 
mated rates. 

Silver-plating establishments, each per an¬ 
num.$3.00 to 10.00 

Steam engines in operation 10 hours per day or 

less, per horse power. 4.00 

Steam engines in operation over 10 hours per 
day, a proportionate amount per horse power. 


















WATER. 


439 


Steam heating apparatus, for each ton of coal 


consumed . $ 0.05 

Segar manufacturers, each per annum... .$3.00 to 10.00 

Street sprinkling, each tub per month.25.00 

Tobacco factories, each per annum.$3.00 to 6.00 

Telegraph and telephone battery rooms, each per 

annum.$5.00 to 20.00 

Urinal troughs having number of jets, each per 

annum.$3.00 to 15.00 


The above rates are for the general use of water for the purposes 
specified; when special fixtures are in use on any premises, the rates 
and conditions for such special use of water shall be the same as pre¬ 
scribed elsewhere for similar purposes. 

In all cases where any premises are wholly controlled by meter, 
meter rates only shall apply, instead of the above enumerated rates. 


CLASS XI. 

METER MEASUREMENT RATES. 

For each one thousand gallons of water used on each independent 
premises measured and registered by meter, up to and not exceeding 
one hundred and sixty-five thousand gallons per month, ten cents per 
thousand. For each one thousand gallons measured in like manner, 
in excess of one hundred and sixty-five thousand per month eight 
cents per thousand gallons; Provided, that in no case shall premises 
supplied through meter pay a less rate than the per annum frontage 
rate imposed upon like premises not controlled by meter. 

If a meter at any time fails to register the quantity of water, the 
quantity shall be determined, and the charge made shall be based on 
the average quantity registered during such preceding period of time 
prior to the date of failure, as the commissioner of public works may 
direct. No deductions shall be made from the bills on account of 
leakage. Bills for meter rates are due and payable monthly. If not 
paid within fifteen days after date of bills, the supply of water will 
be stopped until all arrearages and the cost of shutting off are paid. 
For all water used continuously for any temporary purpose not other¬ 
wise specified, the quantity shall be estimated, and the rate shall be 
three cents per hundred gallons for five hundred up to five thousand 
gallons per day. For six thousand to ten thousand gallons inclusive 
per day, used at any one time for temporary purposes, the rate shall 
be two cents for each and every one hundred gallons, which rates shall 
be paid in advance. 

The daily use of large quantities of water for permanent pur¬ 
poses shall be subject to control by meter only. All meters shall 
be furnished, connected with the premises, and be maintained at the 







440 


GENERAL ORDINANCES. 


cost of the water-taker, and shall be attached at request of the owner 
or by order of the commissioner of public works. 

Gas companies, contractors and others requiring water from the 
city supply, for puddling trenches, ditches, streets, or for other pur¬ 
poses incident to public or private work, or improvement, or otherwise, 
shall make application for a permit for use of the water, and pay for 
the same such rates as are hereinbefore prescribed, said water to be 
used only upon such conditions and under such restrictions as may be 
imposed by the commissioner of public works. 


CLASS XII. 

All manufactories or other establishments, using large quantities of 
water, not specially embraced in the tariff of rates, as: 

Breweries, bookbinderies, brickyards, condensing water for steam 
engines, confectioneries, distilleries, dye and scouring houses, hy¬ 
draulic elevators, hat factories, malt houses, printing offices, packing 
houses, public hospitals and other public institutions and buildings., 
railroad engine and round houses, railroad passenger and freight 
depots, rectifying establishments, rendering, slaughtering houses, 
sugar refineries, steamboats, soap factories, soda and other prepared 
water factories, tugs, tanneries, vinegar factories, wool washing, etc., 
shall be controlled by water meters, or assessed such rates for general 
uses of water, and for all fixtures for special use of water as are pre¬ 
scribed elsewhere for similar purposes. 

For purposes not specified in the foregoing tariff of rates, and for 
peculiar or extraordinary purposes, the rates and conditions for the 
use of water shall be subject to special permit and contract by and with 
the commissioner of public works. 

SPRINKLING CARTS. 

1982. License—construction of sprinkler.] All wagons or carts 
used for the purpose of street sprinkling within the city, shall be 
charged for license, each, in the sum of five dollars per annum, which 
sum shall be in addition to the sum charged for permit to use water 
from the city hydrants for said vehicle; Provided, however, that before 
issuing such license the commissioner of public works shall prescribe 
the kind of vehicle to be used, specifying particularly the capacity of 
the tank the number and size of the holes in the sprinkler, and the dis¬ 
tance of the same from the ground; and also such general regulations 
as he may deem necessary concerning the use of said vehicles on the 
public streets, and the use by them of the city hydrants; for the due 
observance of which he may require from the person taking such 
license a good and sufficient bond. 


WATER. 


441 


CEMENT SIDEWALKS. 

1983. Cement sidewalks—rates.] The tariff of water rates for 
contractors and others requiring water from the city supply for con 
structing cement sidewalks, or other walks, in which concrete is used, 
shall be at the rate of nine mills for each square yard of superficial 
measurement of concrete laid, and applications for permits for use 
of water shall be made and paid for as in cases of other purposes 
incident to public or private work or improvement. 

1984. Deposit.] Before a permit shall be issued the contractor 
or person applying for the same shall deposit with the commissioner 
of public works the sum of fifty dollars as a payment on account of 
such water rates, in advance, and shall on or before the fifth day 
of each month thereafter file with said commissioner of public works 
a statement, verified by affidavit, of the number of square yards of 
such walk, together with the location of the same, laid by him during 
the then preceding calendar month, and the amount found due for 
such, and the water rates accrued as estimated upon such statement 
shall be charged against said deposit, and whenever said commis¬ 
sioner of public works shall deem it advisable to have an additional 
deposit, he shall require of such contractor or person an additional 
deposit of fifty dollars to be applied as aforesaid, and Whenever 
such contractor or person shall discontinue such business of laying 
walks, said commissioner shall account with him for the sum or 
sums so deposited and the water rates accrued as aforesaid, and shall 
pay him any balance of such deposits found due. 


article ill. i.zzd "FT run 

COLLECTION OF WATER RATES. 

1985. Semi-annual payment—districts.] The water rates or 
taxes as herein or hereafter established shall be paid semi-annually 
in advance at the office of the department of public works. The 
semi-annual payments shall cover a period from the first day of May 
to the thirty-first day of October, and from the first day of November 
to the thirtieth day of April, in each and every year. There are hereby 
created seven water districts, as follows: 

First district—Embracing all that portion of the south division of the 
city comprising the first, second, third, fourth, fifth and sixth wards. 

Second district—Embracing all that portion of the west division 
comprising the seventh, eighth, ninth, tenth, eleventh and twelfth 
wards. 

Third district—Embracing all that portion of the west division 
comprising the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, 
eighteenth and nineteenth wards. 

Fourth district—Embracing all that portion of the north division 



442 


GENERAL ORDINANCES. 


comprising the twentieth, twenty-first, twenty-second, twenty-third 
and twenty-fourth wards. 

Fifth district—Embracing that portion of the city comprising the 
twenty-fifth, twenty-sixth, twenty-seventh and twenty-eighth wards. 

Sixth district—Embracing that portion of the city comprising 
the twenty-ninth, thirtieth and thirty-first wards. 

Seventh district—Embracing that portion of the city comprising 
the thirty-second, thirty-third and thirty-fourth wards. 

1986. Time of payment specified.] The semi-annual payments of 
water rates or taxes assessed in the several districts aforesaid shall be 
due and payable as follows: 

First district—Between the first and thirty-first days of May, and 
the first and thirtieth days of November, respectively, of each and 
every year. 

Second district—Between the first and thirtieth days of June and the 
first and thirty-first days of December, respectEely, of each year. 

Third district—Between the first and thirtieth days of June, and the 
first and thirty-first days of December, respectively, of each year. 

Fourth district—Between the first day of May and the fifteenth day 
of June, and the first day of November and the fifteenth day of De¬ 
cember, respectively, of each and every year. 

Fifth district—Between the first day of May and the fifteenth day 
of June, and between the first day of November and the fifteenth day 
of December, respectively, of each and every year. 

Sixth district—Between the first and thirty-first days of May and 
the first and thirtieth days of November, respectively, of each year. 

Seventh district—Between the first and thirty-first days of May, 
and the first and thirtieth days of November, respectively, of each and 
every year. 

1987. Rebate.] Any person who shall pay the water rates or 
tax at any time within the period hereinbefore described for the re¬ 
spective districts for the current months, commencing on the first 
days of May and November, respectively, shall be allowed a rebate 
of fifteen per cent on the whole amount assessed or charged to him 
for said ensuing six months; Provided, however, that the rate payers 
may pay water rates or taxes in any of the districts aforesaid prior to 
the time respectively prescribed, and thereby obtain the rebate named. 
Every person who shall fail to pay the water rates or taxes assessed 
or charged to him within the time prescribed herein for the said pay¬ 
ment shall not be entitled to any rebate, and every person who shall 
fail to pay his water rate or tax within two months from and after the 
expiration of the semi-annual period of each year herein prescribed 
for the payment of the same shall have the use of the water stopped 
until the full payment thereof and all arrearages and charges for 
shutting off and turning on the water is made. 


WATER. 


443 


ARTICLE IV. 

EXEMPTIONS. 

1988. Charitable and educational institutions.] The commis¬ 
sioner of public works may and he is hereby directed and instructed 
to remit and cancel all water tax and rates heretofore levied and as¬ 
sessed or which may hereafter be levied or assessed against any and 
all charitable and educational institutions within the city of Chicago 
which are not conducted and carried on for the purpose of private 
gain or profit; Provided, the said commissioner may require every ap¬ 
plication for a rebate or remission of said water tax or rates to be 
verified by the affidavit of one or more taxpayers of the city of Chi¬ 
cago. 

1989. Public property.] No water rates or taxes hereafter 
be assessed or levied against any property owned or held by the city 
of Chicago for public use. 

1990. Cook county hospital.] No water rates or taxes shall 
hereafter be assessed or levied against the Cook county hospital. 

1991. Military organizations.] The commissioner of public 
works is hereby authorized to remit and rebate the water tax and rate 
assessed against property used and occupied wholly bv military organ¬ 
izations or military companies chartered and organized under the laws 
of the state of Illinois. 

1992. Public drinking fountains.] Any person, firm or corpora¬ 
tion may erect and maintain, or cause to be erected and maintained in 
front of the premises occupied by such person, firm or corporation, 
drinking fountains for the use of the public at such places and of such 
style, form, and material as the commissioner of public works may 
designate and approve, and no water rates or water taxes shall be 
levied or assessed against drinking fountains erected and maintained 
under and in accordance with the provisions of this section. 

1993. Vacant buildings or flats.] Whenever the owner of any 
building shall give notice in writing to the superintendent of the water 
office that any such building is vacant and unoccupied, and shall pay 
a fee of one dollar for an inspection thereof, the said superintendent 
shall at once cause an inspection of said building to be made and a 
report thereof to be filed in his office. 

The result of such inspection shall be noted on the books in the 
water office, and if it shall appear from such report that the said build¬ 
ing was vacant and unoccupied at the time of such inspection, and if 
it shall further appear, at the time when the owner or agent of the 
said building shall offer to pay the water rates thereon for the next 
succeeding assessment period, from the affidavit of the owner or agent 
of said building, that the said building has been vacant and unoccu¬ 
pied continuously since the date of said inspection, up to the time 
when the water rates for the next assessment period are due, and if 
the said building shall have then been vacant and unoccupied for the 


444 


GENERAL ORDINANCES. 


space of at least two months, the said superintendent shall chen give 
to the owner of such building credit upon the amount of water rates, 
other than frontage rates, charged against said building for said next 
succeeding assessment period, in such proportion as the time such 
building was so vacant and unoccupied bears to the whole of said 
assessment period. 

In case of buildings known as “flat buildings” or “apartment build¬ 
ings,” designed or adapted to use as apartments for two or more fam¬ 
ilies, where water from one flat or apartment cannot be shut off with¬ 
out preventing the supply of water to other flats or apartments in the 
same building, the owner or agent of such building may give notice 
in writing, as above provided, of the vacancy of one or more of such 
flats or apartments in such building and request an inspection 
thereof, as in the case of other buildings. The cost of such 
inspection shall be the sum of one dollar for the first flat, and fifty 
cents for each flat in excess of one, alleged to be vacant, which cost 
shall be paid in advance by the person applying for such inspection. 
On such application, an inspection shall be made as hereinbefore pro¬ 
vided in this section for other buildings, and the result of such inspec¬ 
tion noted on the books in the water office, and credit shall be given 
upon the amount of water rates assessed against such flat or apart¬ 
ment building other than frontage rates, at the time and upon the 
conditions and to the same extent as is above provided for other build¬ 
ings. 

In case any agent or owner shall endeavor to escape the payment of 
water rates, by making a false affidavit in relation to the vacancy or 
occupancy of any building or flat, then the semi-annual water rates 
against said building in question shall be assessed and charged at 
double the rate otherwise chargeable against said building for the 
current or succeeding semi-annual period. 


CHAPTER LXX. 


WEAPONS, 


ARTICLE I. 

CONCEALED WEAPONS. 

1994. Carrying prohibited. J It shall be unlawful for any per¬ 
son, within the limits of the city of Chicago, to carry or wear under 
his clothes, or concealed about his person, any pistol, revolver, der¬ 
ringer, bowie knife, dirk knife or dirk, razor or dagger, slung-shot, 
metallic knuckles, or other dangerous or deadly weapons of a like 
character. 

1995. Confiscation.] Any such weapon or weapons duly ad¬ 
judged by any police magistrate or justice of the peace of said city 
to have been worn or carried by any person in violation of the first 
section of this article, shall be forfeited or confiscated to the said city 
of Chicago, as hereinafter provided. 

1996. Arrest and detention.] Any policeman of the city of 
Chicago may, within the limits of said city, without a warrant arrest 
any person or persons whom such policeman may find in the act of 
carrying or wearing under their clothes or concealed about their per¬ 
son, any deadly weapon of the character in this article specified, or 
any other dangerous or deadly weapon, and detain him, her or them 
in the city jail or armory until a summons or warrant can be pro¬ 
cured on complaint made (under oath or affirmation) for the trial of 
such person or persons, and for the seizure and confiscation of such of 
the weapons as such person or persons may be found in the act of 
carrying or wearing under their clothes, or concealed about their per¬ 
sons. 

1997. Warrant — arrest—hearing.) Upon complaint made 
under oath or affirmation, to any magistrate or justice of the peace 
in said city, that any person has been guilty of violating any of the pro¬ 
visions of the first section of this article, a summons or warrant shall 
issue for the summoning or arrest of the offender or offenders, re¬ 
turnable forthwith; upon the return of such summons or warrant, such 
magistrate or justice shall proceed to the hearing and determina¬ 
tion of the matter, and if it shall be adjudged that such person or per¬ 
sons has or have violated any of the provisions of this article, such 
magistrate or justice of the peace shall so adjudge, and order that the 
weapon or weapons shall be confiscated to the city of Chicago. 

1998. Officers excepted.] The prohibitions of this article shall 

445 



446 


GENERAL ORDINANCES. 


not apply to sheriffs, coroners, constables, members of the police 
force, or other peace officers engaged in the discharge of their official 
duties, or to any person summoned by any of such officers to assist 
in making arrest or preserving the peace, while such person so sum¬ 
moned is engaged in assisting such officer. 

1999. Penalty.] Any person or persons violating any of the 
provisions of this article shall be fined in a sum not less than twenty- 
five dollars nor more than two hundred dollars. 


ARTICLE II. 


DEADLY WEAPONS. 


2000. Unlawful to sell knuckles, etc.] Whoever shall 
have in his or her possession, or sell, give or loan, hire or barter, or 
whoever shall offer to sell, give, loan, hire or barter, to any person 
within the city of Chicago, any slung-shot or metallic knuckles, or 
other deadly weapons of like character, or any person in whose pos¬ 
session such weapons shall be found, shall, upon conviction, be fined in 
a sum not less than ten dollars nor more than two hundred dollars. 

2001. Unlawful to sell to minor.] Whoever, not being the 
father, guardian or employer of the minor herein named, by himself 
or agent, shall sell, give, loan, hire or barter, or shall offer to sell, 
give, loan, hire or barter to any minor within the city of Chicago, any 
pistol, revolver, derringer, bowie knife, dirk, or other deadly weapon 
of a like character shall be deemed to have been guilty of violating the 
provisions of this article, and shall be liable to the penalty herein im¬ 
posed. 

2002. Register.] Ail persons dealing in deadly weapons of the 
kind mentioned in the last preceding section, at retail within this city, 
shall keep a register of all such weapons sold or given away by them. 
Such register shall contain the date of the sale or gift, the name and 
age of the person to whom the weapon is sold or given, the price of 
said weapon, and the purpose for which it is purchased or obtained. 
The said register shall be in the following form: 


No. of 
weapon. 


To whom 
sold 

or given. 


Age of 
purchaser. 


Kind and 
description 
of weapon. 


For what 

purpose pur¬ 
chased or 
obtained. 


Price of 
weapon. 


Said register shall be kept open for the inspection of the public, and 
all persons who may wish to examine the same may do so at all rea¬ 
sonable times during business hours. 

2003. Penalty.] Any person, firm or corporation violating any 
of the provisions of this article, where no other or different penalty is 
imposed, shall, upon conviction be subject to a penalty of not less than 
ten dollars nor more than two hundred dollars. 










CHAPTER LXXI. 


WEIGHTS AND MEASURES. 

2004. Appointment of inspector.] There is hereby created 
the office of inspector of weights and measures, who shall hold his 
office for the term of two years, and until his successor shall be ap¬ 
pointed and qualified. 

2005. How appointed.] He shall be appointed by the mayor 
by and with the advice and consent of the city council, on the first 
Monday in May, 1897, or as soon thereafter as may be, and biennially 
thereafter. 

2006. Bond.] Said inspector shall, before entering upon the 
duties of his office, execute a bond to the city of Chicago, in the sum 
of five thousand dollars, with two or more sureties to be approved by 
the mayor, conditioned for the faithful performance of the duties of 
his office. 

2007. Annual and semi-annual inspections.] It shall be the 
duty of said inspector to inspect and examine once in each and every 
year all weights, measures, scale beams, patent balances, steelyards 
and other instruments used for weighing and measuring in the city of 
Chicago, except all track scales and scales of a capacity of three tons or 
upward, which shall be inspected once in every six months, and to 
stamp with a suitable seal all weights and measures and scales so used 
which he may find accurate, and deliver to the owner thereof a cer¬ 
tificate of their accuracy. 

2008. Register—report.] It shall be the duty of the said in¬ 
spector to make a register of all the weights, measures, scale-beams, 
patent balances, steelyards, and other instruments used for weighing, 
inspected and sealed by him, in which he shall state the names of the 
owners of the same, and whether they are conformable to the standard 
of the state. It shall also be the duty of the said inspector of weights 
and measures, once in every three months, to deliver a copy of the 
register made or kept by him, as mentioned in the preceding section, 
to the city council. 

2009. Report violations for prosecutions.] It shall be the 
duty of the said inspector of weights and measures, to report forth¬ 
with to the prosecuting attorney of the corporation the names and 
places of business of all persons violating this chapter, and of all per¬ 
sons making use of any fraudulent or unsealed weights or measures, 
gauge or balances. 

2010. Inspector not to vend.] It shall not be lawful for the 
said inspector to vend any weights, measures, scale-beams, patent 

447 


448 


GENERAL ORDINANCES. 


balances, steelyards, or other instruments to be used for weighing, or 
to offer or expose the same for sale in the city of Chicago, under a 
penalty of fifty dollars for every such offense. 

2011. Incorrect weights.] It shall be the duty of the said in¬ 
spector to report forthwith to the city council, the names of all per¬ 
sons whose weights, measures, scale-beams, patent balances, steel¬ 
yards, or other instruments used for weighing, shall be found to be 
incorrect. 

2012. Inspection—condemnation—adjustment—seizure.] Said 
inspector shall examine and inspect and seal all weights, measures, 
scale beams, patent balances, steelyards and other instruments used 
for weighing at the stores and places where the same may be used; 
but, in case they, or any of them, shall not be conformable to the 
standard of this state, they shall be marked “condemned,” and the 
owner thereof shall within ten days thereafter have the same properly 
adjusted and sealed under a penalty of not more than ten dollars and 
the inspector may, at any time after the expiration of the time afore¬ 
said, seize and destroy any and all such condemned weights, meas¬ 
ures, scale beams, patent balances, steelyards and other instruments 
used for weighing found in use. 

2013. Fees — limitations.] It shall not be lawful for the said 
inspector to make charges for inspecting and examining weights, 
measures, scale beams, patent balances, steelyards or other instru¬ 
ments used for weighing more than once in each year, except charges 
for inspecting and examining track scales and scales of a capacity 
of three tons and upwards, which shall not be made more than once 
in every six months, unless such weights, measures, scale beams, 
patent balances, steelyards or other instruments used in weighing and 
measuring shall be found to be not conformable to the said standard. 

2014. Report to comptroller—salary of inspector.] The in¬ 
spector of weights and measures of the city of Chicago shall make to 
the comptroller on or before the tenth day of each month a report 
in writing, verified by affidavit, showing in detail the fees and charges 
collected by him in the preceding month, and he shall retain there¬ 
from, as and for his salary and for the conduct and management of 
his office, one-half of all such fees and charges so collected by him 
and, in addition thereto, an amount equal to one-half of all the pen¬ 
alties collected for violation of the ordinances of the city of Chicago 
pertaining to the inspection and use of weights and measures and the 
weighing of coal and hay, where such prosecutions and recovery are 
made by such inspector, and shall, at the same time, pay the residue 
of such fees and charges into the city treasury for the use of the city of 
Chicago. A failure to make such a report and to pay over isuch fees 
and charges within the time above limited, shall be construed as a 
resignation of such office and the mayor may thereupon, declare the 
office vacant and appoint a successor. 

2015. Fees for inspection.] The inspector of weights and 


WEIGHTS AND MEASURES. 


449 


measures shall be entitled to demand and receive before the delivery 
of said certificate mentioned in section 2007 the following fees: 

For inspecting and sealing railroad or track scales of the capacity of 
twenty tons and upwards, each, three dollars and fifty cents. 

For inspecting and sealing scales of from three to ten tons capacity, 
each, one dollar. 

For inspecting and sealing dormant scales, each, fifty cents. 

For inspecting and sealing movable platform scales, each, thirty- 
five cents. 

For inspecting and sealing beams weighing one thousand pounds 
and upwards, each, thirty-five cents. 

For inspecting and sealing hopper scales, each one dollar and twen¬ 
ty-five cents. 

For inspecting and sealing counter scales, each, twenty cents. 

For inspecting and sealing every patent balance, steelyard, or other 
instrument for weighing, other than above enumerated, each, twenty 
cents. 

And with each iscale sealed by him, he shall inspect and seal one 
set of weights, without any additional charge or compensation. 

For inspecting and sealing any dry measure, each five cents. 

For inspecting and sealing liquid measures of a capacity of five gal¬ 
lons and upwards, each, ten cents. 

For inspecting and sealing liquid measures of a capacity of not less 
than one gallon nor more than five gallons, each, ten cents. 

For inspecting and sealing one-half gallon and one quart liquid 
measures, each five cents. 

For inspecting and sealing liquid measures of a less capacity than 
one quart, each, five cents. 

For inspecting and sealing any board or cloth measure, each, five 
cents. 

And in every case where he may, at the request of the owner, em¬ 
ploy labor or material in making any scale, weight or measure accu¬ 
rate, he shall be entitled to a just compensation therefor. 

2016. Resignation or removal.] Whenever the inspector of 
weights and measures shall resign, be removed from office, or re¬ 
move from the city, it shall be the duty of the person so resigning, 
removed from office, or removing from the city, to deliver to the city 
comptroller all the standard beams, weights and measures in his pos¬ 
session. 

2017. Official standard of weights and measures.] That 
comptroller, at the expense of the city, shall procure correct and ap¬ 
proved standards of weights and measures, of the standard adopted 
by the state of Illinois, with their necessary subdivisions, together 
with the proper beams and scales, for the purpose of testing and prov¬ 
ing the weights and measures of said standard used in the city. 

2018. Inspection obligatory.] All persons using weights, 
measures, scale beams, patent balances, steelyards or any other in- 

29 


450 


GENERAL ORDINANCES. 


strument, in weighing or measuring, any article intended to be pur¬ 
chased or sold in the city of Chicago, ishall cause the same to be in¬ 
spected and sealed by the inspector of weights and measures, in said 
city. 

2019. Peddlers and hawkers.] All itinerant peddlers and hawk¬ 
ers using scales, balances, weights or measures shall take the same 
to the office of the inspector of weights and measures, before using 
the same, and have the same sealed and adjusted annually; and any 
such person or persons failing to comply with the provisions of this 
section, shall each forfeit and pay to the said city a sum of not less 
than five nor more than one hundred dollars, with costs of prosecu¬ 
tion, for each and every day such person or persons shall use the same 
without having the same adjusted and sealed as hereinbefore pro¬ 
vided. And any itinerant peddler or hawker found using any ice scale, 
shall be subject to a fine of not less than ten dollars nor more than fifty 
dollars for each offense. 

2020. Prescribing measures and ton weight.] Any person 
who shall sell or offer for sale, any fruit, vegetables, berries, or gram of 
any description, or any article of dry measurement, within the city of 
Chicago, in wine measures, or in any other than legal dry measures, 
which shall have been rated by the inspector of weights and measures, 
whether of pint, quart, or other contents; or who shall practice deceit 
or fraud in the sale of wood or coal, by selling for a cord of wood less 
than one hundred and twenty-eight cubic feet of wood, or for a ton of 
coal less than two thousand pounds of coal, shall be subject to a fine 
of not less than five nor more than twenty-five dollars for each of¬ 
fense. 

2021. Certificate required.] Any person who shall, in 
weighing or measuring any article for purchase or sale within the city 
of Chicago, use any weight, measure, scale-beam, patent balance, steel¬ 
yard, or other instrument, not sealed, or without having first obtained 
the aforesaid certificate from the inspector, as required by this chapter, 
shall forfeit and pay the sum of not more than twenty-five dollars for' 
each and every offense. 

2022. Incorrect or faulty measures or scales.] If any 
person shall use, in the city of Chicago, in weighing or measuring, as 
aforesaid, any weight, measure, scale-beam, patent balance, steelyard, 
or other instrument, which shall not be conformable to the standard of 
this state, or shall use in weighing, as aforesaid, any scale-beam, patent 
balance, steelyard, or other instrument, which shall be out of order or 
incorrect, or which shall not balance, he shall forfeit and pay for every 
such offense the sum of not less than twenty-five dollars. 

2023. Refusal to exhibit.] No person shall refuse to exhibit 
any weights, measures, scale-beams, patent balances, steelyards, or 
other instruments, to said inspector for the purpose of being so in¬ 
spected and examined, under the penalty of not less than twenty-five 
dollars for every such offense. 


WEIGHTS AND MEASURES. 


451 


2024. Interference with officer.] No person shall in any way 
or manner obstruct, hinder, or molest the inspector of weights and 
measures in the performance of his duties as hereby imposed upon him, 
under a penalty upon every such person of not less than twenty-five 
dollars for every such offense. 


CHAPTER LXXII. 


WEIGHERS. 

2025. Appointment.] The mayor shall from time to time ap¬ 
point so many and such persons to be city weighers as he may think 
proper, and may remove them. 

2026. Bond—license fee.] Every city weigher shall execute 
a bond to the city of Chicago, in the sum of one thousand dollars, with 
sureties to be approved by the mayor, conditioned for the faithful per¬ 
formance of his duties, and shall pay into the city treasury the sum of 
ten dollars per annum upon each of his scales as and for an annual 
license fee or permit. 

2027. Scale—how provided.] Each of said weighers so ap¬ 
pointed shall provide his own scales, which shall be of the most ap¬ 
proved pattern in use, and shall locate them and keep them properly 
adjusted and repaired at his own expense. 

2028. Adjustment and sealing. ) It shall be the duty of the 
weighers so appointed to have their scales adjusted and sealed by the 
sealer of weights and measures at least once in every three months, and 
oftener if required. It shall further be their duty to weigh any coal, 
hay or any other article, when so requested by the person or persons 
bringing the same. 

2029. Deputy weighers.] The weighers so appointed shall 
have power to appoint all necessary deputies to attend said scales, and 
the official bond of said weigher shall be holden and answerable for the 
acts of said deputies. 

2030. Attendance.] Said weighers shall, either in person or by 
such deputy, be present at their individual scales during all reasonable 
hours each day, Sundays and public holidays excepted. 

2031. Charges for weighing.] The said weighers shall be al¬ 
lowed to charge and receive ten cents for every load or part of a load, 
or other article of any kind or nature whatsoever weighed by them, 
and shall keep an account of the weight of every load by them weighed, 
and shall furnish to the person having such load weighed a certificate 
for each load, which certificate shall contain the gross and net weight 
of each load weighed by him. 

2032. Records to be kept.] The said city weighers shall 
severally provide themselves with, and each shall keep, a book in which 
he shall enter the amount of each load, and the name of each person for 
whom, and the date when the same was weighed; and when the vehicle 
and load shall be weighed together, the city weigher’s certificate shall 
state the gross weight thereof, and upon the sale or delivery of said 
load, the vehicle shall again be weighed, without charge, by the city 

452 


WEIGHERS. 


453 


weigher who weighed the original load, and thus the net weight of the 
load ascertained. 

2033. Weight of vehicles.] In no case shall any city weigher 
state in his said certificate the weight of any vehicle which may have 
been weighed with any load, until such city weigher shall have ascer¬ 
tained the weight of such vehicle by actually personally weighing the 
same on his said scales. 

2034. Certificate not to be altered.] No person shall alter 
any certificate of any city weigher, or use or attempt to use the same 
for any other load or parcel than the one for which the same was given, 
nor, after the weighing and before the sale and delivery of any load or 
parcel, diminish the quantity thereof. 

2035. Examination of books.] The city comptroller shall 
be permitted, by himself or his agent, to examine at his pleasure the 
books required, as aforesaid, to be kept by the city weighers. 

2036. Street scales prohibited — exception.] No person 
shall use or keep any scale in any public place, street or alley, within 
the city of Chicago for weighing any substance or thing, for the public, 
except city weighers who shall have complied with all the provisions 
of this chapter, and any person violating any of said provisions shall 
be subject to a penalty of not less than ten dollars nor more than fifty 
dollars for each offense. 


CHAPTER LXXIII. 


2037.] All public or general ordinances, or parts thereof, not in¬ 
cluded in this ordinance and passed by the city council prior to March 
29, 1897, are hereby repealed, so far as they conflict or are incon¬ 
sistent with the provisions of this ordinance. Private or special 
ordinances and local ordinances prohibiting or regulating the sale 
of liquor in certain districts passed by the city council or by the 
legislative authorities of cities, towns and villages heretofore annexed 
are not hereby repealed. Orders and resolutions heretofore passed 
by the council shall not be considered as being repealed unless re¬ 
pugnant to the provisions of this ordinance. This ordinance shall be 
known as “The Revised Code of Chicago .” 

Passed April 8, 1897. 

Approved April 9, 1897. 


454 


Note: The following ordinances are not included in the foregoing, The Revised 
Code of Chicago, and, having been duly passed by the City Council of the 
City of Chicago, or by the legislative authorities of cities, towns, or villages 
heretofore annexed to the city of Chicago, and not being in conflict nor in¬ 
consistent with the provisions of said code, are in full force and effect. 


CHAPTER LXXIV. 


PROHIBITION DISTRICTS. 


WEST PULLMAN DISTRICT. 

Passed October 18, 1895. 

Be it ordained by the City Council of the City of Chicago: 

2038.] § 1. That no license shall be hereafter issued to keep a 

saloon or dram shop within that portion of West Pullman, in the City 
of Chicago, described as follows, to-wit: Commencing on the north 
line of 123rd street, at the east line of the alley in Block 48, in West 
Pullman, being a Subdivision in the northwest quarter and 
the west half of the northeast quarter of Section twenty- 
eight (28), Township thirty-seven (37) North, Range fourteen 
(14) East of the Third Principal Meridian; running thence north along 
the east line of the alley in said Block 48, and in Blocks 25, 24 and 1, 
in said Subdivision, to the north line of the east and west alley in said 
Block 1; thence west along the north line of said east and west alley, 
through said Block 1 and Blocks 2, 3, 4, 5, 6, 7, 8 and 9 in said Sub¬ 
division, and along said line, produced, to the west line of the north 
and south alley in Block 10 in the same Subdivision; thence south 
along the west line of said north and south alley in said Block 10 to a 
point opposite the south line of Lot 20 in said Block 10; thence east 
along the south line of said Lot 20, and along the south line of Lots 
29 and 20 in Block 9, and the south line of Lot 29 in Block 8, in said 
Subdivision, to the easterly line of the north and south alley in said 
Block 8; thence south along the easterly line of the north and south 
alley in said Block 8, and along the easterly line of the north and south 
alley in Block 17 in said Subdivision, to a point opposite the south line 
of Lot 43 in said Block 17; thence west along the south line of said 
Lot 43 in Block 17, and along the south line of Lots 4 and 43 in Block 
16, and along the north line of Lot 5 in Block 15, to the west line of 
the north and south alley in said Block 15; thence south along the 

455 




456 


GENERAL ORDINANCES. 


west line of said north and south alley in Block 15, and along the 
west line of the north and south alley in Block 34 to the east line of the 
right of way of the Pittsburgh, Chicago, Cincinnati & St. Louis Rail¬ 
road; thence southeasterly along the easterly; line of said right of way, 
to a point opposite the south line of Lot 30 in Block 40 in said Sub¬ 
division; thence east along the south line of said Lot 30 and the 
south line of Lot 19 in said Block 40 to the west line 
of Wallace street; thence in a direct line to the southwest corner 
of Lot 30 in Block 41 in said Subdivision; thence east along the 
south line of Lots 30 and 19 in said Block 41, and along the south 
line of Lots 30 and 19 in Block 42, to the west line of Butler street; 
thence south along the west line of Butler street to the north line of 
123d street; thence east along the north line of 123d street to the 
place of beginning; all the said lines being intended to form continuous 
boundaries, and running across streets and alleys so as to form such 
continuous lines, whether so specified in the foregoing description 
or not. 

2039. ] § 2. The territory lying within the boundaries above men¬ 
tioned shall be deemed and known as a prohibition district, within 
which it shall not be lawful for any such license to be granted. 

2040. ] § 3. This ordinance shall take effect from and after its 

passage. 


DISTRICT BOUNDED BY S. 4OTH AV., HARRISON ST., S. 46TH AV. AND 

MADISON ST. 

Passed July 27, 1896. 

Be it ordained by the City Council of the City of Chicago : 

2041. ] § 1. That the Mayor of the City of Chicago shall not 

grant a license for the keeping of a dram shop within that portion 
of the City of Chicago which is described as follows, to-wit: Com¬ 
mencing at a point 125 feet west of the west line of South 40th avenue 
and 125 feet north of the north line of Harrison street; thence west 
parallel with the north line of Harrison street and 125 feet distant 
therefrom to a point 125 feet east of the east line of South 46th avenue; 
thence north parallel with the east line of South 46th avenue and 125 
feet distant therefrom to a point 125 feet south of the south line of 
Madison street; thence east parallel with the south line of Madison 
street and 125 feet distant therefrom to a point 125 feet west of the 
west line of South 40th avenue; thence south parallel with South 40th 
avenue and 125 feet distant therefrom to the place of beginning. 

2042. ] § 2. This ordinance shall be in force and effect from and 
after its passage. 


PROHIBITION DISTRICTS. 


457 


DISTRICT BOUNDED BY W. DIVERSEY ST., N. 66TH AV., W. NORTH AV., 

N. 72 AV. 

Passed March 8, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2043 . ] § 1. Within that portion of the City of Chicago, herein¬ 
after in Section 2 of this ordinance specified and defined, there shall 
not at any time hereafter be granted by the City of Chicago or any 
of its officers, any license to keep a saloon, or dram shop, or other 
place, for the purpose of the sale, barter or giving away of any vinous, 
malt, spirituous or fermented liquors. 

2044 . ] § 2. 1 he territory in Section 1 of this ordinance re¬ 
ferred to and within which it is hereby made unlawful to maintain any 
place for the sale, barter or giving away of any vinous, malt, spirituous 
or fermented liquors, is bounded as follows: 

Commencing at the intersection of North Seventy-second avenue 
and West Diversey street, east on West Diversey to North Sixty-sixth 
avenue (extended); south on North Sixty-sixth avenue extended to 
West North avenue; west on West North avenue to North Seventy- 
second avenue; north on North Seventy-second avenue to point of 
commencement. 

2045 . ] § 3. This ordinance shall be in force and effect from and 

after its passage. 

FERNWOOD DISTRICT. 

Passed and approved October 7, 1890. 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Fernwood: 

2046 . ] § 1. That the territory included within the limits of the 

Village of Fernwood, shall be and the same is hereby declared to be a 
prohibition district. 

2047 . ] § 2. That it shall be unlawful to open or maintain or 

cause to be opened or maintained, any saloon, dram shop, or other 
place for the purpose of selling, giving away or dealing in, in any 
manner, any intoxicating, malt, vinous, mixed or fermented liquors. 

2048 . ] § 3. Any person convicted of disobeying Section 2, of this 
ordinance, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof, before any court of competent jurisdiction, shall be 
liable to a fine of not less than Twenty-five Dollars and not more than 
One Hundred Dollars, for each and every day such saloon, dram shop 
or other place for the sale, dealing in or giving away, such intoxicat¬ 
ing, malt, vinous, mixed or fermented liquors is so kept open or main¬ 
tained. 

2049 . ] § 4. No license shall hereafter be granted at any time, to 

any person or persons, for the purpose of opening or maintaining any 
such establishment as is above provided against. 


458 


GENERAL ORDINANCES. 


HYDE PARK. 

Passed and approved March 28, 1887. 

Revised Municipal Code of the Village of Hyde Park. 

CHAPTER XV. 


Be it ordained by the President and Board of Trustees of the 
Village of Hyde Park: 

********** 

2050 .] § 21. Hereafter no license shall be issued to keep a saloon 

or dram shop within the territory described and bounded as follows, 
to-wit: Commencing at the northeast corner of the Village of Hyde 
Park, thence west along the north line of said village to a point two 
hundred (200) feet east of the east line of State street; thence south 
and parallel with State street to the center of Fiftieth street; thence 
east from a point in center of Fiftieth street two hundred (200) feet east 
of State street to center of Cottage Grove avenue ; thence south along 
center line of Cottage Grove avenue to center of Sixty-seventh street; 
thence east along center line of Sixty-seventh to the center line 
of Stony Island avenue; thence north along the center of Stony Island 
avenue to center line of Fifty-sixth street; thence west on center line 
of Fifty-sixth street to a point one hundred and twenty-five (125) feet 
east of east line of Jefferson avenue; thence north parallel to Jefferson 
avenue, to the center of Fifty-fourth place; thence east to Lake Michi¬ 
gan; thence northwesterly along the shore of Lake Michigan to the 
point of beginning. 

And also commencing at the intersection of Seventy-first street and 
South Chicago avenue; thence southeasterly along the center line of 
South Chicago avenue to the center of Greenwood avenue; thence 
south along the center of Greenwood avenue to the center of Seventy- 
fifth street; thence west along the center of Seventy-fifth street to the 
center of Summit street; thence north along the center of Summit 
street to the center of Seventy-first street; thence east along the center 
of Seventy-first street to place of beginning. 

Also commencing at the intersection of Seventy-first street 
and St. Lawrence avenue, thence north along the center line of St. 
Lawrence avenue to the center of Sixty-seventh street; thence west 
along the center line of Sixty-seventh street to the center of South 
Park avenue; thence south along the center line of South Park avenue 
to the center of Seventy-firsf street; thence east along the center line 
of Seventy-first street to the place of beginning. 

Also the territory described and bounded as follows, to-wit: Com¬ 
mencing at the center line of intersection of Sixty-seventh street and 




PROHIBITION DISTRICTS. 


459 


Lake Michigan, thence west to a line one hundred and fifty (150) feet 
west of Jeffery avenue; thence along said line one hundred and fifty 
feet west of parallel with North Jeffery avenue to center line of Eighty- 
third street; thence east on Eighty-third to Lake Michigan; thence 
along said lake to the place of beginning, except that piece of land 
inclosed and known as the World’s Pastime Exposition grounds. 

Also the territory bounded on the north by Seventy-first street, on 
the south by Seventy-fifth street, on the west by Woodlawn avenue, 
and on the east by Jeffery avenue. The said territory shall be known 
and treated as prohibited districts, within which it shall not be lawful 
for such licenses to be granted. 


HYDE PARK, BURNSIDE DISTRICT. 

Passed November 5, 1888. 

Be it ordained by the President and Board of Trustees of the Village 
of Hyde Park: 

2051 .] § 1. That hereafter no license shall be issued to keep a sa¬ 

loon or dram shop within the territory described and bounded as fol¬ 
lows, to-wit: Commencing at the intersection of St. Lawrence ave¬ 
nue and Ninety-third street, thence east along Ninety-third street to 
the center line of the right of way of the Illinois Central Railroad Com¬ 
pany, thence southerly along the center line of such right of way to 
Ninety-fifth street, thence west along Ninety-fifth street to St. Law¬ 
rence avenue, and thence north along St. Lawrence avenue to the 
place of beginning; and the said territory shall be known and treated 
as a prohibited district within which it shall not be lawful for such li¬ 
censes to be granted. 


HYDE PARK, STATE STREET DISTRICT. 

Passed and approved June 5, 1888. 

Be it ordained by the President and Board of Trustees of the Village 
of Hyde Park: 

2052 .] § 1. Hereafter no license shall be issued to keep a saloon 

or dram shop within the territory bounded as follows: Commencing 
at a point in the center line of Fifty-fourth street two hundred and 
eleven feet east of the center line of State street, thence east along 
the center line of Fifty-fourth street to the center line of South Park 
avefiue, thence south along the center line of South Park avenue to the 
center line of Sixty-third street, thence west along the center line of 
Sixty-third street to a point two hundred and eleven (211) feet east of 
the center line of State street, thence north and parallel with the center 
line of State street to the place of beginning. 


460 


GENERAL ORDINANCES. 


JEFFERSON, DISTRICT BOUNDED BY DIVERSEY, WESTERN, CALIFORNIA 

AND FULLERTON AVENUES. 

Passed and approved June 27, 1888. 

Be it ordained by the President and Board of Trustees of the Village 
of Jefferson: 

2053 . ] § 1. That the keeping of a saloon or dram shop and the 
granting of licenses for such purpose, are hereby prohibited within 
the territory described and bounded as follows, to-wit: Com¬ 
mencing at a point in the center of Diversey avenue one hun¬ 
dred and sixty-six feet west of the center line of Western avenue, 
thence west along the center line of said Diversey avenue to the cen¬ 
ter of California avenue, thence south along the center line of Cali¬ 
fornia avenue to a point two hundred feet north of the center line 
of Fullerton avenue, thence east and parallel with Fullerton avenue 
to a point one hundred and sixty-six feet west of the center line of 
Western avenue, thence north and parallel with Western avenue to the 
point of beginning. 

2054 . ] § 2. All ordinances and parts of ordinances in conflict 

with this ordinance are hereby repealed. 


JEFFERSON, DISTRICT BOUNDED BY MONTROSE, ELSTON, WARNER, 

MILWAUKEE AVE., ETC. 

Passed May 29, 1889. 

Be it ordained by the President and Board of Trustees of the Village 
of Jefferson: 

2055 . ] § 1. That the keeping of a saloon or dram shop and the 

granting of licenses for such purpose are hereby prohibited within the 
territory described and bounded as follows, to-wit: 

Commencing at a point in the center of Montrose boulevard, two 
hundred feet east of the center line of Jefferson avenue, thence east 
along the center line of said Montrose boulevard to a point two hun¬ 
dred feet west of the center line of Elston avenue; thence southeasterly 
on a line parallel to and two hundred feet west of the center line of said 
Elston avenue to a point two hundred feet south of the center line of 
Warner avenue; thence west on a line two hundred feet south of the 
center line of said Warner avenue and parallel thereto, to a point 
two hundred feet east of the center line of Milwaukee avenue; thence 
northwesterly on a line parallel to and two hundred feet east of the 
center line of said Milwaukee avenue to a point two hundred feet 
east of the center line of Jefferson avenue; thence north on a line 
two hundred feet east of the center line of and parallel to said Jefferson 
avenue to the place of beginning. 

2056 . ] § 2. All ordinances and parts of ordinances in conflict 
with this ordinance are hereby repealed. 


PROHIBITION DISTRICTS. 


461 


LAKE VIEW DISTRICT. 

Passed June 27, 1889; approved July 1, 1889. 

Be it ordained by the City Council of the City of Lake View: 

2057 . ] § 1. Within the territory designated in Section 2 of this 

ordinance, no license shall at any time hereafter be granted to any 
person or persons to keep a saloon, dram shop or other place for the 
sale, exchange, giving away or barter of any kind of alcoholic drinks. 

2058 . ] § 2. The territory referred to in Section 1 hereof is 

bounded as follows, to-wit: Commencing at the intersection of 

Graceland and Southport avenues, running thence east to a point one 
hundred and fifty (150) feet west of the west line of Clark street, thence 
northerly one hundred and fifty (150) feet west of and parallel with 
the west line of Clark street to the north line of Bryn Mawr avenue, 
thence west along the north line of Bryn Mawr avenue to the center 
of Western avenue, thence south along the center of Western avenue 
to a point one hundred and fifty (150) feet east of the easterly line of 
Lincoln avenue, thence southeasterly along a line 150 feet east of the 
easterly line of Lincoln avenue to the center of Byron street, thence 
east along the center of Byron street to the center of Southport ave¬ 
nue, thence north along the center of Southport avenue to the center 
of Graceland avenue, the place of beginning; the said district shall in¬ 
clude all the territory within said boundaries. 

2059 . ] § 3. This ordinance shall be in force from and take effect 

from and after its passage. 

WASHINGTON HEIGHTS DISTRICT. 

Passed June 7,^1886. 

Be it ordained by the President and Board of Trustees of the Village 
of Washington Heights: 

2060 . ] § 1. No license shall be granted for the keeping of any 
dram shops or saloon within the Village of Washington Heights at any 
place which is not situated north of Grove street, and within two hun¬ 
dred feet of Vincennes avenue. 

2061 . ] § 2. All ordinance, orders or resolutions, or any part 
thereof, in so far as the same are inconsistent with and contradictory 
to the foregoing action, are hereby repealed. 

Note: See following amendatory ordinance. 


Passed October 18, 1886. 

Be it ordained by the President and Board of Trustees of the Village 
of Washington Heights: 

2062 . § 1. That Section One of an ordinance relating to estab¬ 

lishing a district for dram shops in this Village, passed and approved 
June 7,1886, be amended so as to read as follows: 



4C2 


GENERAL ORDINANCES. 


No license shall be granted for the keeping of any dram shop or 
saloon within the Village of Washington Heights, at a place which 
is not situated within two hundred feet of Vincennes avenue. 

2063 .] § 2. That this act shall take effect from and after its pas¬ 

sage. 


WEST RIDGE DISTRICT. 

Passed March 17, 1891. 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of West Ridge: 

vU vO O* »|x 

2064 . ] § 2. No license shall be issued or granted for the keep¬ 

ing of a dram shop or for the sale of intoxicating liquor in any house 
or place within the following described territory or district, to-wit: 
All that part of the Village of West Ridge situated, lying and being 
west of a line drawn parallel to the center line of Ridge Avenue and 
two hundred feet distant therefrom in a westerly direction. And the 
selling or giving away of any intoxicating, malt, vinous, fermented or 
spirituous liquor in quantities less than one gallon, within any of the 
territory described in this section is hereby prohibited. 

2065 . ] § 8. This ordinance shall take effect and be in force from 

and after May 1st, A. D. 1891, and all ordinances heretofore passed in 
conflict herewith shall thereupon be repealed. 

WEST ROSELAND DISTRICT. 

Passed and approved October 1,1889. 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of West Roseland: 

2066 . ] § 1. That the selling or giving away of any intoxicating, 

malt, vinous, mixed or fermented liquor (except by a druggist for 
medicinal, mechanical, sacramental and chemical purposes only), 
within the Village of West Roseland, is hereby prohibited. That no 
license shall be granted to any person or persons, to keep a dram shop 
or saloon in the Village of West Roseland. That it shall be unlawful 
for any person or persons to keep or conduct any dram shop or sa¬ 
loon in said Village, or to directly or indirectly, by himself or herself, 
or by another either as principal, clerk or servant, sell vinous, spirit¬ 
uous, malt, fermented, mixed or intoxicating liquor in any less quan¬ 
tity than one gallon; or in any quantity to be drunk upon the premises, 
or in or upon any. adjacent room, building, yard, premises or place of 
public resort in said village. 

2067 . ] § 2. Any person who shall violate any of the provisions of 

the preceding Section, or do any of the things or acts therein declared 


PROHIBITION DISTRICTS. 


463 


to be unlawful or prohibited, shall be fined not less than twenty dol¬ 
lars ($20.00) nor more than One hundred dollars ($100.00). 

2068.1 § 3- That said fine shall be recovered by a suit or prose¬ 

cution which may be commenced or conducted before any Justice of 
the Peace or Police Magistrate in Cook County in the State of Illinois, 
or before any Court of competent jurisdiction in said County. 


CHAPTER LXXV. 


LOCAL OPTION DISTRICTS. 


DISTRICT BOUNDED BY OAKWOODS CEMETERY, I. C. R. R., 69TH ST. 

AND 7 1 ST ST. 

Be it ordained by the city council of the city of Chicago: , 

2069. ] That the mayor of the city of Chicago shall not grant a 
license for the keeping of a dram shop within that portion of the city 
of Chicago which is bounded on the west by Oakwoods cemetery, on 
the east by the Illinois Central railroad, .on the north by a line run¬ 
ning parallel with and at all points equally distant one hundred and 
twenty-five feet north from the north line of Sixty-ninth street and, on 
the south by a line running parallel with and at all points equally 
distant three hundred feet south from the south line of Seventy-first 
street, unless the person applying for the same shall apply to the 
mayor in writing, furnish sufficient evidence to satisfy the mayor that 
he or she is a person of good character, and execute to the city of 
Chicago a bond with at least two sureties, to be approved by the 
mayor, in the sum of five hundred dollars, conditioned that the licensed 
party shall faithfully observe and keep all ordinances now in force 
or hereafter to be passed during the period of such license, and that 
he or she will keep closed on Sunday all doors opening out upon any 
street from the bar or room where such dram shop is kept; and, that all 
windows opening upon any street from such bar or room shall, Sun¬ 
days, be provided with blinds, shutters or curtains, so as to ob¬ 
struct the view from such street in to such room, and unless such per¬ 
son so applying shall present to the mayor, with his or her applica¬ 
tion, a petition signed by a majority of the legal voters of that por¬ 
tion of the city of Chicago hereinbefore defined and asking for the 
granting of such license. 

DISTRICT BOUNDED BY CORNELL AV., I. C. R. R., LAKE MICHIGAN, 

56TH ST. 

Passed June 18, 1894. 

Be it ordained by the city council of the city of Chicago: 

2070. ] § 1. That the mayor of the city of Chicago shall not 

grant a license for the keeping of a dram shop within that portion of 
the city of Chicago, which is bounded as follows, commencing at the 
northwest corner of Fifty-sixth street and Cornell avenue, and run¬ 
ning thence northerly along the west line of Cornell avenue one hun¬ 
dred and sixty-four (164) feet to the alley; thence west to the east line 

464 




LOCAL OPTION DISTRICTS. 


465 


of the Illinois Central Railroad Company’s right of way, thence north¬ 
erly along the east line of said right of way to a point that intersects 
with the south line of block thirty-eight (38) in Hyde Park, being 
a subdivision in section eleven (11), twelve (12) and fourteen (14) in 
towilship thirty-eight (38) north, range fourteen (14) east of the 
third principal meridian, thence easterly in a direct line along the 
south lines of blocks thirty-eight (38), thirty-seven (37) and thirty- 
six (36) in said Hyde Park subdivision to the shore of lake Michigan, 
thence southerly along the shore of lake Michigan to the north line 
of Fifty-sixth street, thence westerly along the north line of Fifty- 
sixth street to the place of beginning; unless the person applying for 
the same shall present to the mayor, with his application, a petition 
signed by a majority of the legal voters residing in that portion of the 
city of Chicago hereinbefore defined asking that such license be 
granted. 


BUENA PARK DISTRICT. 

„ ~! r~ Passed^May 28, 1894. 

Be it ordained by the city council of the city of Chicago: 

2071.] That the mayor of the city of Chicago shall not grant a 
license for the keeping of a dram shop within that portion of the city 
of Chicago which is bounded on the west by Stella street, now oc¬ 
cupied by the Chicago, Milwaukee and St. Paul Railway Company 
for its tracks, on the east by lake Michigan, on the north by a line 
running parallel with and at all points equally distant one hundred 
and twenty-five feet north from the north line of Montrose boulevard, 
formerly called Sulzer street, and on the south by a line running par¬ 
allel with and at all points equally distant one hundred and twenty-five 
feet south from the south line of Sheridan road and Byron street as 
far west as the said Stella street, unless the person applying for the 
same shall apply to the mayor in writing, furnish sufficient evidence 
to satisfy the mayor that he or she is a person of good character 
and execute to the city of Chicago a bond, with at least two sureties to 
be approved by the mayor, in the sum of five hundred dollars, con¬ 
ditioned that the licensed party shall faithfully observe and keep 
all ordinances now in force or hereafter to be passed, during the 
period of such license, and that he will keep closed on Sunday all 
doors opening out upon any street from the bar or room where such 
dram shop is kept, and, that all windows opening upon any street from 
such bar or room shall, Sundays, be provided with blinds, shutters or 
curtains, so as to obstruct the view from such street in to such room; 
and unless such person so applying shall present to the mayor, with 
his application, a petition signed by a majority of the legal voters of 
that portion of the city of Chicago hereinbefore defined and asking for 
the granting of such license. 

Note: See following amendatory ordinances. 

30 


4G6 


GENERAL ORDINANCES. 


Passed Juneji8, 1894.J 

Be it ordained by the city council of the city of Chicago: 

2072 .] That the ordinance making a local option district of the 
territory known as Buena park, passed by the city council of the city of 
Chicago, May 28th, 1894, be amended so as to read as follows: 

That the mayor of the city of Chicago shall not grant a license for 
the keeping of a dram shop within that portion of the city of Chicago 
which is bounded on the west by Stella street, now occupied by the 
Chicago, Milwaukee and St. Paul Railway Company for its tracks, 
and by the right of way of the Chicago, Milwaukee and 
St. Paul Railway Company, on the east by Lake Michigan, 
on the north by Devon street and on the south by a line 
running parallel with and at all points equally distant one 
hundred and twenty-five feet south from the south line of 
Sheridan road and Byron street as far west as the said Stella 
street, unless the person applying for the same shall apply to the 
mayor in writing, furnish sufficient evidence to satisfy the mayor that 
he or she is a person of good character, and execute to the city of 
Chicago a bond with at least two sureties to be approved by the 
mayor, in the sum of five hundred dollars, conditioned that the 
licensed party shall faithfully observe and keep all ordinances now in 
force or hereafter to be passed during the period of such license, and 
that he will keep closed on Sunday all doors opening out upon any 
street from the bar or room where such dram shop is kept, and that 
all windows opening upon any street from such bar or room, shall, 
Sundays, be provided with blinds, shutters or curtains, so as to 
obstruct the view from such street in to such room; and unless such 
person so applying shall present to the mayor, with his application, 
a petition signed by a majority of the legal voters of that portion 
of the city of Chicago hereinbefore defined and asking for the grant¬ 
ing of such license. 

Note: See following amendatory ordinance. 


Passed July 27, 1896. 

Be it ordained by the City Council of the City of Chicago : 

2073 . ] § 1. That the ordinance making a local option district 

of the territory known as Buena Park, passed by the City Council of 
the City of Chicago on May 28th, 1894, and amended by an ordinance 
passed on June 18th, 1894, be further amended as follows: That the 
words “Devon street,” wherever named or mentioned as the north 
line of said local option district, be struck out, and that there be in¬ 
serted in lieu thereof the words “Hayes avenue.” 

2074 . ] § 2. This ordinance shall be in full force and effect from 
and after its passage. 



LOCAL OPTION DISTRICTS. 


467 


DISTRICT BOUNDED BY CLARK ST., LAKE VIEW, DIVERSEY AND FULLER¬ 
TON AVENUES. 

Passed March 8, 1895. 

Be it ordained by the city council of the city of Chicago: 

2075. ] § 1. That the Mayor of the City of Chicago shall not 

grant a license for the keeping of a dram shop within that portion 
of the City of Chicago which is bounded on the west by the center 
line of Clark street, on the east by the center line of 

Lake View avenue, on the north by the center line of Di- 
versey avenue, and on the south by the center line of Fullerton ave¬ 
nue, unless the person applying for the same shall apply to the 
Mayor in writing, furnish sufficient evidence to satisfy the Mayor 
that he or she is a person of good character, and execute to the City 
of Chicago, a bond with at least two sureties, to be approved by the 
Mayor in the sum of five hundred dollars, conditioned that the licensed 
party shall faithfully observe and keep all ordinances now 
in force or hereafter to be passed during the period of 

such license, and that he will keep closed on Sunday all 

doors opening out upon any street from the bar or room where such 
dram shop is kept; and that all windows opening upon any street 
from such bar or room, shall, Sundays, be provided with blinds, shut¬ 
ters or curtains, so as to obstruct the view from such street into 
such room; and unless such person so applying shall present to the 
Mayor, with his application, a petition signed by a majority of the legal 
voters of that portion of the City of Chicago hereinbefore defined and 
asking for the granting of such license. 

2076. ] § 2. This ordinance shall be in force from and after its 

passage. 

DISTRICT BOUNDED BY 35TH ST., WESTERN AV., C. & A. R. R., AND CALI¬ 
FORNIA AV. 

Passed June 27, 1895. 

Be it ordained by the city council of the city of Chicago: 

2077. ] § 1. That the Mayor of the City of Chicago shall not 

grant a license for the keeping of a dram shop within that portion of 
the City of Chicago which is bounded on the north by the center line 
of Thirty-fifth street; on the east by the center line of Western avenue; 
on the south by the northern boundary line of the right of way of 
the Chicago and Alton Railroad Company, and on the west by the 
center line of California avenue, unless the person applying for the 
same shall apply to the Mayor in writing, furnish sufficient evidence 
to satisfy the Mayor that he or she is a person of good character, 
and execute to the City of Chicago a bond with at least two sureties, 
to be approved by the Mayor in the sum of five hundred dollars, con- 


468 


GENERAL ORDINANCES. 


ditioned that the licensed party shall faithfully observe and keep 
all ordinances now in force or hereafter to be passed during the period 
of such license, and that he will keep closed on Sunday all doors 
opening out upon any street from the bar or room where such dram 
shop is kept; and that all windows opening upon any street from 
such bar or room shall, Sundays, be provided with blinds, shutters 
or curtains, so as to obstruct the view from such street into such 
room; and unless such person so applying shall present to the Mayor, 
with his application, a petition signed by the majority of the legal 
voters of that portion of the City of Chicago hereinbefore defined and 
asking for the granting of such license. 

2078. ] § 2. This ordinance shall be in force from and after its 

passage. 

DISTRICT BOUNDED BY BYRON ST., LAKE MICHIGAN, DIVERSEY AND 

EVANSTON AVENUES. 

t 

Passed June 27, 1895. 

Be it ordained by the city council of the city of Chicago: 

2079. ] § 1. That the Mayor of the City of Chicago shall not grant 

a license for the keeping of a dram shop within that portion of the City 
of Chicago which is described as follows, to-wit: That part bounded 
on the north by a line parallel to and distant one hundred and twenty- 
five (125) feet south from the south line of Byron street; and bounded 
on the east by Lake Michigan; and bounded on the south by the cen¬ 
ter line of Diversey street; and bounded on the west by a line 
running in a northerly and westerly direction, and being parallel with, 
and one hundred and twenty-five (125) feet distant easterly from 
the easterly line of Evanston avenue, excepting therefrom that part 
thereof south of the center line of Surf street, and east of the center 
line of Lake View avenue, unless the person applying for the same 
shall apply to the Mayor in writing, furnish sufficient evidence to 
satisfy the Mayor that he or she is a person of good character, and 
execute to the City of Chicago a bond with at least two (2) sureties, to 
be approved by the Mayor, in the sum of five hundred dollars ($500), 
conditioned that the licensed party shall faithfully observe and keep 
all ordinances now in force or hereafter to be passed during the period 
of such license, and that he will keep closed on Sunday all doors open¬ 
ing out upon any street from the bar or room where such dram 
shop is kept; and that all windows opening upon any street from such 
bar or room shall, Sundays, be provided with blinds, shutters or cur¬ 
tains, so as to obstruct the view from such street into such room; 
and unless such person so applying shall present to the Mayor, with his 
application, a petition signed by a majority of the legal voters of that 
portion of the City of Chicago hereinbefore defined and asking for the 
granting of such license. 


LOCAL OPTION DISTRICTS. 


469 


2080.] § 2. This ordinance shall be in force and effect from and 

after its passage. 


DISTRICT BOUNDED BY 39TH ST., COTTAGE GROVE AV., LAKE MICHIGAN, 

AND N. LINE SECTION 2 . 

Passed July 15, 1895. 

Be it ordained by the City Council of the City of Chicago: 

2081. ] § 1. That the Mayor of the City of Chicago shall not 

grant a license for the keeping of a dram shop within that portion of 
the City of Chicago which is described as follows, to-wit: That part 
bounded on the north by the north line of Thirty-ninth street, from 
Cottage Grove avenue to the shore of Lake Michigan, and on the 
south by the north line of Section two (2), Township thirty-eight (38) 
North, of Range thirteen (13), East of the Third Principal Meridian, 
as the same extends from its intersection with the north line of Thirty- 
ninth street at or near Cottage Grove avenue to Lake Michigan, unless 
the person applying for the same shall apply to the Mayor in writing, 
furnish sufficient evidence to satisfy the Mayor that he or she is a 
person of good character, and execute to the City of Chicago a bond 
with at least two (2) sureties, to be approved by the Mayor, in the 
sum of five hundred dollars ($500), conditioned that the licensed party 
shall faithfully observe and keep all ordinances now in force or here¬ 
after to be passed during the period of such license, and that he 
will keep closed on Sunday all doors opening out upon any street 
from the bar or room where such dram shop is kept; and that all 
windows opening upon any street from such bar or room shall, Sun¬ 
days, be provided with blinds, shutters or curtains, so as to obstruct 
the view from such street into such room; and unless such person 
so applying shall present to the Mayor, with his application, a petition 
signed by a majority of the legal voters of that portion of the City 
of Chicago hereinbefore defined and asking for the granting of such 
license. 

2082. ] § 2. This ordinance shall be in force and effect from and 

after its passage. 


DISTRICT BOUNDED BY SOUTHPORT AV., C., M. & ST. P. R. R., ROSEMONT 

AND PETERSON AVENUES. 

1 

Passed March 1, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2083.] § 1. That the Mayor of the City of Chicago shall not 

grant a license for the keeping of a dram shop within that portion of 
the City of Chicago which is bounded on the West by Southport avenue, 


470 


GENERAL ORDINANCES. 


on the east by the Chicago, Milwaukee and St. Paul Railway tracks, 
on the north by Rosemont avenue, and on the south by Peterson ave¬ 
nue, unless the person applying for the same shall apply to the Mayor 
in writing, furnishing sufficient evidence to satisfy the Mayor that he 
or she is a person of good character, and execute to the City of Chicago 
a bond with at least two sureties, to be approved by the Mayor, in the 
sum of five hundred dollars, conditioned that the licensed party shall 
faithfully observe and keep all ordinances now in force or hereafter to 
be passed during the period of such license, and that he will keep 
closed on Sundays all doors opening out upon any street from the bar 
or room where such dram shop is kept; and that all windows opening 
upon any street from such bar or room shall, Sundays, be provided 
with blinds, shutters or curtains, so as to obstruct the view from such 
street into such room; and unless such person so applying shall present 
to the Mayor, with his application, a petition signed by a majority of 
the legal voters of that portion of the City of Chicago hereinbefore 
defined, and asking for the granting of such license. 

2084.] § 2. This ordinance shall be in force and effect from and 

after its passage. 


HYDE PARK. 

Passed and approved April 4, 1889. 

Be it ordained by the President and Trustees of the Village of Hyde 
Park: 

2085.] § 1. Any person who shall desire to obtain a license to 

keep a saloon or dram shop shall, in addition to the requirements now 
provided by ordinance, present his application in writing to the Village 
Controller for such license, in which shall be stated the name of the 
person or firm to whom the license is to be issued and the place where 
such saloon or dram shop is to be kept, which application shall be 
signed by a majority of the property owners, according to frontage 
on both sides of the street in the block upon which such dram shop 
is to be kept, and shall also be signed by a majority of the bona-fide 
householders and persons or firms living in or doing business on each 
side of the street in the block upon which such dram shop shall have 
its main entrance; Provided, however, that any person or firm who 
shall have made application as aforesaid, and received a license to 
keep a dram shop shall not be required to present an application as 
above in order to obtain a renewal of the license to himself or firm 
unless at least one-quarter (£) of the property owners or bona-fide 
householders, persons and firms doing business upon both sides of the 
street in the block upon which the said dram shop has its main en¬ 
trance, shall file with the Village Controller, at least thirty days (^o) 
prior to the time for the renewal of such license, a notice stating that 
the signers thereof object to the granting or renewing of the license 
to said person or firm. Upon receiving such notice the Village Con- 


LOCAL OPTION DISTRICTS. 


471 


troller shall notify the Captain of Police that such notice has been filed, 
and the Captain of Police shall at once notify or cause to be notified the 
holder or holders of the license. But a failure to give such notifica¬ 
tion shall not be construed as a waiver of the necessity for filing the 
application as provided above. 


TOWN OF LAKE. 

Revised Ordinances, Town of Lake. 
Passed April 3, 1889. In force June 1, 1889. 


CHAPTER LVII. 

Be it ordained by the Board of Trustees of the Town of Lake: 

'1' 'L '1; '!* rU 4; 'if \lf 

‘1' 'r "T 'T' 'r ^ ^ ^ 'J' 

2086.] § 13. No license shall be granted to keep a saloon within 

150 feet of any public park, parkway, boulevard, public school or 
church, nor in all that portion of the west half of section five, township 
thirty-eight north, range fourteen east of the third principal me¬ 
ridian, which lies more than one hundred feet east of Ashland avenue, 
excepting therefrom the southwest quarter of the southwest quarter 
of section five; nor in all that portion of sections sixteen, twenty, 
twenty-one, twenty-eight and twenty-nine, township thirty-eight 
north, range fourteen, east of the third principal meridian, bounded 
as follows, to-wit: Commencing at a point on the south line of Gar¬ 
field boulevard (55th street) 125 feet west of the west line of State 
street, and running thence south parallel with said west line of State 
street to the center line of 68th street, thence east along the center 
line of the said 68th street to the center line of State street;thence south 
along the center line of State street to the center line of 79th street; 
thence west along the center line of 79th street to a point 125 feet west 
of the west line of Halsted street, running thence north, parallel with 
the west line of Halsted street to the center line of 68th street, thence 
east along the center line of 68th street, to a point 125 feet east of 
the east line of Halsted street; thence north on a line parallel with said 
east line of said Halsted street to the south line of Garfield boulevard 
(55th street); thence east on said south line of Garfield boulevard to 
the place of beginning; nor in all that part of the Town of Lake 
bounded on the north by the alley between Gordon and 43d streets, 
on the south by the center line of 49th street, on the west by the alley 
between Emerald avenue and Halsted street; and on the east by the 
center line of Stewart avenue; nor in all that portion of the Town of 
Lake bounded and described as follows, to wit: Beginning at the inter¬ 
section of the west town line with the center line of 55 th street; thence 



472 


GENERAL ORDINANCES. 


east along the center line of 55th street to the center line of Western 
avenue; thence south along the center line of Western avenue to the 
center line of 71st street; thence west along the center line of 71st 
street to the west town line; thence north along said west town 
line to the place of beginning. 

2087.] § 14. All applications for license to keep a saloon shall 

be made to the Board of Trustees in writing, stating the time for 
which such license is desired, not less than three months nor more 
than one year, signed by the applicant and accompanied by a petition 
of a majority of the legal voters of the Town residing within one 
eighth of a mile from the place where such saloon is to be kept; such 
petitions shall also state that the place where such saloon is to be kept 
does not fall within the restrictions prescribed by Section 13 of this 
Chapter, and the license fee must also accompany each application. 

Note: See following”amendatory'ordinance. 


Passed May 14, 1889. 

Be it ordained by the Board of Trustees of the Town of Lake: 

2088.] § 1. That Section fourteen of Chapter fifty-seven, be 

and the same is hereby amended by adding thereto the following: 
Provided, however, that it shall not be necessary for any applicant to 
file more than one such petition of the majority of said legal voters 
during each fiscal year. 



CHAPTER LXXVI 


i 

TRACK ELEVATION. 


Passed February 23, 1893. 

An Ordinance for the restoration of highways and streets in the city of Chicago 
whose surface is occupied by railroad tracks, by the removal of such 
tracks, and for the removal of railroad tracks from the surface of highways 
and streets in said city. 

Preamble.] Whereas, there are terminals of twenty-one trunk lines 
of railroads within the city of Chicago, the main railroad tracks of 
which radiate from their respective terminal stations, which are situ¬ 
ated in or near the main business center of the city, to the boundaries 
of the city; and the tracks of said railroads crossing the public high¬ 
ways and streets of the city, to the number of upwards of three thou¬ 
sand, cross such highways and streets at grade; and, whereas, it is 
estimated that in the aggregate more than three million persons per day, 
upon the average, cross one or the other of such railroad tracks 
upon said highways and streets in vehicles and on foot; that over three 
hundred persons were killed by railroad cars at such crossings in the 
city of Chicago during the year 1892, and many more than that num¬ 
ber were maimed or injured by the same means; that a very large 
amount of property is annually destroyed at such crossings by the same 
causes; and, that the amount of expense and loss caused by the delays 
to vehicles and pedestrians traveling upon such highways and streets 
at such crossings, by the use of such crossings at grade by railroad en¬ 
gines and cars, amounts to several millions of dollars per year. That 
the expense and loss to railroad companies by the delays made neces¬ 
sary in operating their railroads at grade in said city, and by their lia¬ 
bility for damages for injuries to persons and property, amounts dur¬ 
ing each year to an enormous sum of money—it being estimated that 
more than six million freight cars with a tonnage amounting to more 
than sixty million tons, and more than one million two hundred and 
fifty thousand passenger cars carrying more than twenty-seven mil¬ 
lion passengers are during each year moved along said rail¬ 
road tracks in said city, and, whereas, because of the great growth of 
said city in population the public necessities require the opening each 
year of a large number of new streets across said railroads and, also, 
require and call for more constant use of the railroad tracks of said 
railroad companies and better and more uninterrupted use thereof; 

473 




474 


GENERAL ORDINANCES 


and the great public evils of such grade crossings and the inevitable 
dangers of injury to persons and property upon such highways 
and streets at such crossings are increasing; and, whereas, the con¬ 
tinued existence and operation of railroads across or upon highways 
and streets in said city, at grade, has become and is wholly inconsistent 
with the safety of the public traveling upon * such highways and 
streets and, necessarily, fraught with great danger to persons and prop- 
ertv upon such highways and streets; and it is necessary in order to 
make such highways and streets at such crossings reasonably safe for 
persons and property making proper use thereof, and to restore high- 
wavs and streets occupied by railroad tracks so that they may be safe 
and convenient for public travel, that the surface of such highways and 
streets should not be occupied by railroads tracks used for the passage 
of locomotive engines and railroad cars propelled by steam, and that 
such railroad tracks should be removed from the surface of such high¬ 
ways and streets with all reasonable speed and dispatch; and, whereas, 
in view of the great and increasing number of such street crossings, it 
being estimated that there are now more than fifteen hundred railroad 
crossings of highwavs and streets in said city, and in view of the uni¬ 
form level topography of the citv it is impracticable to make such rail¬ 
road crossings of highways and streets safe by the construction and 
maintenance of viaducts over said railroads; now, therefore, 

2089. Definitions — districts-] Be it ordained by the city 
council of the city of Chicago: § i. I. That, for the purpose of 
brevitv and clearness, the terms highwavs and streets shall not only in¬ 
clude highwavs and streets established in the manner prescribed by the 
statutes of this state, but as well all those created by user or common 
law dedication or otherwise. 

2. The provisions of this ordinance with respect to the removal 
of railroad tracks and appurtenances, existing upon the surface of the 
highways and streets within the city of Chicago, from the surface of 
such streets and highways and the making and maintaining the rail¬ 
road crossings of highways and streets so that, at all times, they shall 
be safe as to persons and property, shall apply as well to highways and 
streets created subsequently to such railroad tracks and appurtenances 
as to highways and streets existing at the time of the construction of 
any such railroad tracks or appurtenances upon or across the same. 

3. The words railroad or railroads, railroad track or railroad 
tracks, means railroad or railroads, railroad track or railroad tracks, 
upon which property, or both persons and property, are or may be 
transported for hire, and does not include railroads or railroad tracks 
devoted wholly to the transportation of persons by means of any motive 
power other than steam. 

4. All that portion of the city of Chicago, bounded as follows, 
will be hereinafter referred to as the “first district,” to wit: Com¬ 
mencing at a point on lake Michigan where the south line of Park 
row produced intersects the same; thence west along the south line of 


TRACK ELEVATION. 


475 


Park row to the east line of Michigan avenue; thence south along the 
east line of Michigan avenue to the south line of Twelfth street; thence 
west along the south line of Twelfth street, to the east bank of the 
south branch of the Chicago river; thence north along the east bank of 
the south branch of the Chicago river to a point four hundred feet 
south of the south line of Taylor street; thence northeasterly to north¬ 
west corner of Taylor street and Fifth avenue; thence along the west 
line of Fifth avenue to the south line of Harrison street; thence west 
along the south line of Harrison street to the east bank of the south 
branch of the Chicago river; thence north along the east bank of the 
south branch of the Chicago river to the intersection of the north 
and south branches of the Chicago river; thence east along the main 
branch of the Chicago river to lake Michigan; thence south along 
lake Michigan to Park row, the place of beginning. 

5. All that portion of the city of Chicago will be hereinafter de¬ 
nominated the “second district” which is bounded as follows: Com¬ 
mencing at lake Michigan and the south line of Sixty-seventh street; 
thence west along the south line of Sixty-seventh street to the west 
line of Halsted street; thence north along the west line of Halsted 
street to the south line of Thirty-ninth street; thence west along the 
south line of Thirty-ninth street to the west line of Kedzie avenue; 
thence north on the west line of Kedzie avenue to Diversey avenue; 
thence east along the north line of Diversey avenue to lake Michigan; 
thence south along lake Michigan to the place of beginning; excluding 
therefrom, however, all that territory embraced in the said first dis¬ 
trict, and, also, all that territory embraced within the following boun¬ 
daries, to wit: Commencing at the southwest corner of Halsted and 
Twenty-first streets; thence west on the south line of Twenty-first 
street to the east line of Kedzie avenue; thence south on the east line of 
Kedzie avenue to the north bank of the Illinois and Michigan canal; 
thence northeasterly on the north bank of said canal to its intersec¬ 
tion with the south branch of the Chicago river; thence northeasterly 
along the north bank of the said south branch of the Chicago river 
to the west line of Halsted street; thence north on said west line 
of Halsted street to Twenty-first, street, the place of beginning. 

6. All that portion of Chicago not embraced in said first and 
second districts will be hereinafter designated as the “third district.” 

2090. First district—removal of surface tracks.] § 2. That 
all railroads and railroad tracks and structures upon the surface of the 
streets and highways within the first district shall be removed there¬ 
from on or before the first day of January, 1895, and not thereafter to 
be relaid, and that on and after the first day of January, 1895, no 
railroads or railroad tracks shall be permitted to remain, or be used or 
operated upon the surface of any street or highway within said first 
district. 

2091. Second district — removal of surface tracks.] § 3. 
That all railroads and railroad tracks and structures upon the surface 


476 


GENERAL ORDINANCES. 


of the streets and highways within the second district shall be removed 
therefrom on or before the first day of January, 1897, and not there ¬ 
after relaid, and that on and after the first day of January, 1897, no 
railroads or railroad tracks shall be permitted to remain, or be used 
or operated upon the surface of any street or highway within said 
second district. 

2092. Third district—removal of surface tracks ] § 4. That 

all railroads and railroad tracks and structures upon the surface 
of the streets and highways within the third district shall be removed 
therefrom on or before the first day of January, 1899, and not there¬ 
after relaid, and that on and after the first day of January, 1899, no 
railroads or railroad tracks shall be permitted to remain on or be used 
or operated upon the surface of any streets or highways within the 
said third district. 

2093. Violation of ordinance.] § 5. That for each and every 
day, or part thereof, during which any corporation, copartnership or 
person, shall construct, or maintain any railroad or railroad tracks 
upon the surface of any street or highway within the limits of said city, 
as now existing or hereafter extended, contrary to the provisions 
of the three preceding sections, or either of them, such corporation, 
persons or person shall be subject and liable to a penalty of two hun¬ 
dred dollars, to be recovered in any court of competent jurisdiction. 

2094. Elevated roads, authority to construct — specifica¬ 
tions.] § 6. Subject to the limitations, conditions, reservations, 
exceptions and restrictions hereinafter contained, the consent of the 
city council of said city is hereby given and granted to all persons 
and corporations now owning or operating any railroad or railroad 
tracks upon the surface of any of the streets and highways within 
the limits of said city heretofore constructed upon or across the same, 
in pursuance of lawful authority to construct, maintain and operate 
elevated railroads in lieu thereof, to wit: 

1. That the roadbeds of such elevated railroads in said streets 
and highways shall be upheld by cross girders of iron or steel, sup¬ 
ported by iron or steel posts or columns. 

2. That the transverse diameter of each of said posts or columns 
(exclusive of fenders) shall not exceed 24 inches at any point within 
ten feet of the surface of the highway or street in which the same shall 
be placed and suitable fenders shall be placed around the base of each 
of said iron or steel posts or columns to prevent collision between such 
posts or columns and vehicles moving along such highway or street. 

3. That the materials for said structures within said highways and 
streets shall be of iron, steel, stone or brick (except as otherwise above 
provided) except that the rails shall be of steel; ties and guard rails 
may be of a suitable quality of selected timbers; the roadbed may be 
of asphalt or broken stone, supported by buckle plates of iron or steel, 
and all material used in the construction of said work shall be of 
suitable quality for the purpose to which it is to be applied and all 
work shall be done in a good and workmanlike manner. 


TRACK ELEVATION. 


477 


4. That no part of the girders of the superstructure shall be less 
than 16 feet above the established grade of the highways and streets 
in which they shall be situated. 

5. That no part of any such elevated railroad shall be constructed 
lengthwise or longitudinally in any such highway or street but, as 
nearly as practicable, across the same at right angles. 

6. That the width of the elevated railroads in said highways 
and streets, the construction of which is consented to as aforesaid, 
shall not exceed that necessary or proper for the placing, main¬ 
tenance and use thereon of the tracks on the surface owned or 
operated by the persons or corporations constructing and owning such 
elevated railroads. 

7. That the location of each elevated railroad, the construction of 
which is consented to as aforesaid, so far as the same shall be situated 
in any highway or street, shall be fixed by the commissioner of public 
works of said city, except as herein otherwise provided. 

8. That the owners or operators of said elevated railroad, their les¬ 
sees, successors and assigns, may use such motive power as they shall 
elect, but such power shall be fully equipped with all modern devices 
calculated to render it practically noiseless and smokeless, and to pre¬ 
vent the discharge of cinders and sparks, and suitable and practicable 
devices shall likewise be placed at all highway or street crossings 
where the road is elevated to intercept and carry off storm water and 
drippings from melting snow and other sources, by means of suitable 
instrumentalities to connect the same with the sewers of the city. 

9. That the persons and corporations constructing and owning any 
elevated railroad in pursuance hereof, their lessees, successors or as¬ 
signs, shall have the right to construct, maintain and use telegraph, 
telephone and signal devices for their own sole use along and upon 
the said elevated railroad, provided that the city of Chicago shall have 
the right to use such elevated railroad for the purpose of placing therein 
its police, fire alarm, electric light and telephone wires, without any 
compensation for such right, in such manner, however as not to inter¬ 
fere with the use and operation of such elevated railroads, or tele¬ 
graph, telephone and signal devices first mentioned in this subdivision, 
or the maintenance and repair thereof. 

10. That the work of constructing each of said elevated railroads 
within the said first district shall be commenced not later than the first 
day of July, 1893, and completed not later than the first day of January, 
1895. 

11. That the work of constructing each of said elevated railroads 
within the said second district shall be commenced not later than the 
first day of July, 1895, and completed not later than the first day of 
January, 1897. 

12. That the work of constructing each of said elevated railroads 
within the said third district shall be commenced not later than the 


478 


GENERAL ORDINANCES. 


first day of July, 1897, and completed not later than the first day of 
January, 1899. 

13. That each person or corporation desiring to construct any ele¬ 
vated railroad shall first submit plans and specifications therefor to the 
commissioner of public works for his approval, and that the construc¬ 
tion of such elevated railroads shall be upon plans and specifications 
approved by such commissioner of public works and not otherwise, ex¬ 
cept as herein otherwise provided. 

14. That the consent herein given and granted shall be subject to all 
ordinances of the city of Chicago governing railroads now in force, 
or which shall hereafter be passed, so far as the same are applicable to 
elevated railroads. 

15. That the persons or corporations constructing or owning any 
elevated railroad in pursuance thereof, as well as their lessees, succes¬ 
sors and assigns, shall for ever indemnify and save harmless the said 
city of Chicago from any and all damages, judgments, decrees, costs 
and expenses for which it may be made liable, or which may be re¬ 
covered against it by reason of its having consented to the construc¬ 
tion, maintenance and use of such elevated railroad, or of any tele- ' 
graph, telephone or signal devices placed thereon, or by reason of the 
construction, maintenance or operation of such elevated railroad or 
resulting from the passage of this ordinance, or any matter or thing 
connected therewith, or from the exercise by any of said persons or 
corporations of any privilege or authority hereof given or granted. 

2095. Surface tracks from district to district for a time limited.] 

§ 7. The said elevated railroads to be constructed within the said first 
district may be brought to the surface outside of such district at a 
gradient to be fixed by the persons or corporations constructing the 
same, and maintained on the surface until the time limited for the re¬ 
moval of the same from such surface, as aforesaid, and in like manner 
the elevated railroads to be constructed within the said second district 
may be brought to the surface in the third district and so operated and 
maintained until the expiration of the time limited for the removal there¬ 
of from such surface. But, the persons or corporations constructing 
or using or operating such railroads shall raise, depress or bridge 
any roadway, or crossing of any highway or street so as to carry and 
maintain the same during said periods across, or under, or over such 
tracks, as the commissioner of public works of said city may require, 
and shall pay, indemnify and save harmless the city of Chicago from 
any and all damages, judgments, decrees, costs and expenses of same, 
or for or by reason of or growing out of, or resulting from the same. 

2096. Control of streets reserved.] § 8. It is not intended by 
the city council, by the provisions of this ordinance, to surrender any of 
its powers or control over said highways or streets, nor in any manner 
to limit its authority to regulate the use of railroads upon the surface 
of said highways and streets, nor its power and authority to cause the 
removal of said tracks from said streets and highways, or the discon- 


TRACK ELEVATION. 


479 


tinuance of the use thereof, or prohibiting the use of steam as a motive 
power upon any or all of said tracks upon the surface of said highways 
or streets, but all its power and authority shall survive and continue, 
notwithstanding the provisions of this ordinance, and the exercise of 
the same shall at all times be free and unrestricted, whether before or 
after the time or times hereinbefore fixed for the commencement of 
or completion of said elevated railroads. 

2097. Removal of obstructions.] § 9. If any bridge, viaduct, 
approach thereto, or other structure in any of said highways and streets 
shall be found to constitute an obstruction to or interference with the 
work of constructing, maintaining or using any elevated roadbed or 
structure, the construction of which is herein consented to, the com¬ 
missioner of public works is hereby authorized and directed to prompt¬ 
ly remove the same at the expense of said city. 

2098. Ordinance applied to railroads severally.] § 10. 
Should any of the provisions of this ordinance be judicially 
determined to be for any reason invalid, or invalid as to 
any one or more railroads or as to any one or more crossings, then 
and in that case, the other provisions of the same or the provisions of 
the same as to any other railroad or as to any other crossing, shall not, 
on that account, be deemed invalid; it being the intent of this council 
hereby to ordain each and singular the provisions of this ordinance as to 
each and singular the respective railroads and railroad crossings of 
highways and streets in said city, as to which this ordinance and the 
provisions thereof, under the circumstances, may by the city council be 
ordained. 

2099. Surface roads a nuisance — removal.] § 11. Every 
railroad track existing or being in any public street or highway at 
grade thereof, contrary to the provisions of this ordinance is hereby 
declared to be a nuisance and, after the time herein limited for the 
removal of such track or tracks, the commissioner of public works 
is hereby ordered and directed to remove and abate the same and to 
prevent the further operation or use thereof. 

2100. Grade, crossings prohibited, when—exception—penal¬ 
ty.] § 12. It shall be unlawful for any railroad company or corpo¬ 
ration or any officer, agent, employe or servant thereof, or any, other 
person, firm, or copartnership to cause any locomotive engine or 
steam railroad car to cross any street or highway of the city at the 
grade of such street or highway, or to operate or use any railroad or 
railroad tracks upon the surface of any highway or street within the 
limits of said city, subsequent to the time designated by this ordi¬ 
nance for the removal of such tracks from such highway or street. 
Every such act is hereby declared to be a nuisance, and it shall be, and 
is hereby made the duty of the police department of the city to prevent 
and prohibit the same. For each and every violation of this section 
the offender shall, upon conviction, be fined not less than one hundred 
dollars ($100) nor more than two hundred dollars ($200). Provided, 


480 


GENERAL ORDINANCES. 


however, that (whereas the Illinois Central Railroad north of Fifty- 
first street is peculiarly situated) this ordinance shall not be taken to 
apply to or in any way affect the present location and construction of 
the tracks of the Illinois Central Railroad Company north of Fifty- 
first street, but neither this proviso nor anything in this ordinance con¬ 
tained shall prejudice or affect the power of the city council, in and by 
any other ordinance, at any time, to legislate with respect to the portion 
of the Illinois Central railroad above mentioned, as the public safety 
and welfare may, under the circumstances, require. 

2101. Prosecutions, institution of.] § 13. The corporation 
counsel of said city is hereby authorized, as well as required, to institute 
and diligently prosecute all suits, actions and proceedings necessary 
or proper to secure full compliance with the provisions of this ordi¬ 
nance in all respects. 

2102. When in force.] § 14. This ordinance shall be in force 
from and after its passage and due publication. 


CHAPTER LXXVII. 


DOCK LINES. 


An Ordinance establishing dock lines along the North Branch of the Chicago 
River, from a point one hundred feet south of Belmont avenue to Law¬ 
rence avenue. 


Passed March 8, 1895. 

Be it ordained by the City Council of the City of Chicago: 

2103 .] § 1. That the dock lines of that part of the North Branch 

of the Chicago River, which lies between a line one hundred (100) 
feet south of and parallel with Belmont avenue and Lawrence 
avenue, in the City of Chicago, be and they are hereby established 
to be those certain lines situated ninety feet distant from, on either 
side of, and parallel with a line commencing at a point eleven hun¬ 
dred and thirty (1130) feet west and one hundred (100) feet south 
of the intersection of the center lines of Belmont and Western 
avenues, and running thence north 40° 17' west one hundred and 
thirty-two (132) feet to a point on the center line of Belmont avenue, 
and forming an angle of 129 0 20' from east on center line of Belmont 
avenue, to northwest on center of proposed docks; said point being 
1216.0' west of said intersection of said center lines of Belmont and 
Western avenues. 

Thence north 40° 17' west; 330.0 feet. 

Thence north 32 0 03' west; 939.50 feet. 

Thence north 14 0 26' west; 1260'. 

Thence north 0° 15' west; 389.0' to a point on the center line of 
Addison street and forming an angle of 89° 59 ^ 40" from each on 
center line of Addison street to south on center line of proposed 
docks; said point being 2185.10' west of the intersection of the 
center lines of Addison street and Western avenues. 

Thence north o° 15' west; 1-350.00'. 

Thence north 18 16 east; 701.0'. 

Thence north 39 0 13' east; 620.0'. 

Thence north 2° 48' east 150.0 to a point on the center line of 
Irving Park boulevard and forming an angle of 92 0 54' from east 
on center line of Irving Park boulevard to south on center line of 
proposed dock lines; said point being 1642.60' west from the inter¬ 
section of the center lines of Irving Park boulevard and Western 
avenue. 


481 




482 


GENERAL ORDINANCES. 


Thence north 2° 48' east; 1320.50'. 

Thence north 4 0 54' west; 885.0 feet. 

Thence north 12 0 48' west; 455.0' to a point on the center line of 
Montrose boulevard, and forming an angle of 80 26' 40" from east 
on center line of Montrose boulevard to north on center line of 
proposed docks; said point being 1590.0' west of the intersection 
of the center lines of Montrose boulevard and Western avenue. 

Thence north 12 0 48' west; 360.0 feet. 

Thence north 39° 08 west; 2840.0 feet, forming an angle of 
54 0 13' 40" from southeast on center line of proposed docks; to east 
on center line of Lawrence avenue; said point being 3275.0 feet west 
of the intersection of the center lines of Lawrence and Western 
avenues. 


An Ordinance straightening dock lines in Elston’s Addition. 

Passed April s, 1890. 

Be it ordained by the City Council of the City of Chicago: 

2104. ] § 1. That for the purpose of straightening the dock 

line in front of lots 16 to 19, block 25 of Elston's Addition to Chicago, 
and moving back said present dock line to its legal limits, it is hereby 
ordered that said present dock line be moved back as follows: Com¬ 
mencing at the east end of the south line of lot 15 of said block 25, 
thence in a straight line to east end of the south line of lot 19 of said 
block 25, as shown on plat hereto attached, said work to be done 
at the expense of the owners of the above described property. 

2105. ] § 2. This ordinance shall be in force from and after its 

passage. 


An Ordinance establishing dock lines in Section 5 and 6, T. 38 N., R. 14 E. 

PassedjDctoberj2i, 1889. 

Be it ordained by the City Council of the City of Chicago: 

2106.] § 1. That the north dock lines of the west fork of the east 

fork of the south branch of Chicago River in Sections 5 and 6, T. 38, 
N. R. 14 E., be and the same are hereby established as follows: Com¬ 
mencing at a point in the west line of the east 30 acres of the north 
120 acres of the N. W. i Section 6, T. 38, N. R. 14 E., at a point 513 
feet south of the north line of said N. W. J of said Section 6; thence 
east a distance of 665 feet to a point in the west line of lot 6 of the 
partition of the Beers’ estate in the N. E. ^ of said Section 6, 512 
87-100 feet from the north line of said N. E. \ of said Section 6; thence 
southeasterly in a straight line a distance of 1856 8-10 feet to a point in 
the east line of lot 1 of said partition of the Beers’ estate 622 87-100 
feet south of the north line of said N. E. J of said Section 6; thence on 
a straight line 624 75-100 feet to a point 189 41-100 feet west of a point 
in the center line of Ashland avenue 720 13-100 feet south of the N. 




DOCK LINES 


483 


E. corner of said Section 6; thence east on a straight line across 
Ashland avenue a distance of 266 89-100 feet to a point 77 48-100 
feet east of said point in center line of Ashland avenue 720 13-100 
feet south of the N. E. corner of said Section 6; thence northeasterly 
a distance of 315 92-100 feet to a point 378 73-100 feet east of a point 
in the center line of Ashland avenue 609 43-100 feet south of the 
N. E. corner of said Section 6; thence in a straight line a distance 
of 697 3-10 feet to a point in the north line of the N. W. J of Section 

5, T. 38, N. R. 14 E., 717 57-100 feet east of the N. W. corner of said 
Section 5. 

2107. ] § 2. The south dock line of said West Fork of the East 

Fork of the South Branch of the Chicago River be and the same 
is hereby established as follows: Commencing at a point in the 
west line of the east 30 acres of the north 120 acres of N. W. J Section 

6, T. 38, N. R. 14, E., 663 feet from the north line of said Section 
6; thence in a straight line a distance of 665 feet to a point in the West 
line of Lot 6 of the partition of the Beers’ estate 663 13-100 feet south 
of the north line of said Section 6; thence in a straight line a distance 
of 1856 8-10 feet to a point in the east line of Lot 1 in said partition 
of the Beers’ estate, 773 13-100 feet south of the north line of said Sec¬ 
tion 6; thence in a straight line a distance of 816 5-10 feet to a 
point in the center line of Ashland avenue 902 4-10 feet south of the 
N. E. corner of said Section 6; thence in a straight line northeasterly 
a distance of 510 6-100 feet to a point 486 9-100 feet east of a point 
in the center line of Ashland avenue 723 13-100 feet south of the 
N. E. corner of said Section 6; thence northeasterly in a straight 
line a distance of 834 97-100 feet to a point in the north line of 
Section 5, T. 38, N. R. 14, E., 894 63-100 feet east from the N. W. 
corner of said Section 5. 

2108. ] §3. This ordinance shall be in force from and after its 

passage. 


An Ordinance establishing dock lines in Kinzie’s Addition. 

Passed December 9, 1885. 

Be it ordained by the City Council of the City of Chicago: 

2109.) § 1. That the dock line in front of Water Lots eighteen, 

nineteen, twenty, twenty-one and twenty-two, and that portion of 
Water Lot number seventeen not taken for Rush Street bridge, in 
Kinzie’s Addition to Chicago, be and the same is hereby established 
as follows: 

Commencing at a point where the outer edge of the present dock line 
of Water Lot number seventeen joins the east wall of the abutment to 
Rush Street bridge on the north side of the Chicago River, and 
running thence eastwardly in a straight line in front of Water Lots 
seventeen, eighteen, nineteen, twenty, twenty-one and twentv-two 






484 


GENERAL ORDINANCES. 


to the outer edge of the present dock of Water Lot number twenty-two 
in Kinzie’s Addition aforesaid. 


An Ordinance establishing dock lines along the West bank of the south branch 
of the Chicago River, from Sebor street to the South line of the North thirty 
feet of lot 15, in Block 65 of the School Section Addition. 

Passed June 27, 1881. 

Be it ordained by the City Council of the City of Chicago: 

2110 . ] § 1. That the dock line of the west bank of the south 

branch of the Chicago river, from the north line of Sebor street, as 
formerly laid out, to the south line of the north 30 feet of Lot 15, 
in block 65 of the School Section Addition to the City of Chicago be 
and the same is hereby declared to be on a straight line drawn from a 
point in the south line of lot 18, in block 66 of School Section Ad¬ 
dition aforesaid, 107 feet east of the southwest corner of said lot, to a 
point in the south line of the north 30 feet of lot 15, in block 65 afore¬ 
said, 127 feet and 6 inches east of the east line of Ellsworth street, as 
shown on the annexed plat and marked “new dock line.” 

2111 . ] §2. That so much of the south half of Sebor street as lies 

east of Ellsworth street and west of said new dock line, and shown in 
red color on the annexed plat, be and the same is hereby declared 
vacated on the following conditions, namely: 

First—The owners of the following described premises, to wit: Of 
so much of lots 47 and 48 in said block 66, and of so much of the north 
30 feet of lot 15, in block 65 aforesaid, as lies east of said new dock 
line, in the City of Chicago, Illinois, shall execute to the City of Chi¬ 
cago a good and sufficient warranty deed thereof, for the purpose of 
widening the south branch of the Chicago river. 

Secondly—They shall also execute and deliver to the City of Chi¬ 
cago a good and sufficient release and discharge of any and all claims 
or demands they may or might have against said city for or on ac¬ 
count of any failure on the part of said city to dock, protect and keep 
in repair the end of Sebor street abutting on the south branch of the 
Chicago river. 

Thirdly—They shall also execute and deliver to the City of Chi¬ 
cago an agreement in writing, in and by which they shall undertake 
that during the year 1881 they will, at their own expense, dock or 
cause to be docked the premises described in Section 2 of this or¬ 
dinance, and also said lots 47 and 48, in block 66, and the said north 
30 feet of lot 15, in block 65, on said new dock line, and that they will, 
at their own expense, remove and dredge out the old dock and earth 
now on said premises east of said new dock line, all of said work to 
be done under the direction and superintendence and to the satisfac¬ 
tion of the Commissioner of Public Works. 



DOCK LINES. 


485 


2112 .] § 3. The vacation of the part of Sebor street described 

in Section 2 of this ordinance shall not take effect until all and sin¬ 
gular the conditions above mentioned shall have been fully complied 
with and performed. 


CHAPTER LXXVIII. 


MEDALS FOR BRAVERY. 


Passed November 9, 1885. 

Preamble—donors.] Whereas: The Hon. Lambert Tree and the 
Hon. Carter H. Harrison have generously provided for a series of 
gold medals to be annually awarded to those members of the police 
and fire departments of the city who may have distinguished 
themselves during the year by the performance of the greatest act 
of bravery in the protection of life or property; 

Now, therefore, to the end that a record may be preserved by the 
respective departments of the evidence upon which such awards may 
be made, 

Be it ordained by the City Council of the City of Chicago : 

2113. Merit roll—firemen and policemen.] § i. It shall be 
the duty of the superintendent of police and of the fire marshal respec¬ 
tively to cause a record to be kept, to be known as the “merit roll” up¬ 
on which shall be entered the names of all the members of their respec¬ 
tive departments who shall have performed any distinguished act of 
bravery in the protection of life or property. Such record shall 
specify the details and circumstances of such acts, and there shall also 
be given the names of witnesses, if any, and all facts corroborating the 
circumstances of the report. Such record shall annually, on Decem¬ 
ber 31st of each year, beginning December 31, 1886, be laid before 
the mayor, comptroller and city treasurer, ex-officio , the trustees of the 
funds established, and upon the awards being made, the members of 
the respective departments who shall be awarded the “Tree” medal and 
the “Harrison” medal shall be notified to appear before the trustees to 
receive the medals awarded them. 

2114. When in force.] § 2. This ordinance shall be in force 
and take effect from and after its passage. 


* 


486 




CHAPTER LXXIX. 


MISCELLANEOUS ORDINANCES. 

Passed between March 29 and April 12, 1897, inclusive. 


BONDS. 

Passed March 29, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2115. Sureties, withdrawal of.] §1. That whenever any 
individual, individuals, firm or corporation have by ordinance or 
resolution heretofore passed been required, or by ordinance or resolu¬ 
tion hereafter to be passed, shall be required to give a bond 
conditioned as is in any such ordinance or resolution provided, and 
such individual, individuals, firm or corporation shall have given, or 
shall hereafter give such bond, and such individual, individuals, firm 
or corporation shall desire to give a new bond in the same penalty, 
and conditioned as is the old or prior bond, that then and in that event, 
such individual, individuals, firm or corporation shall have and are 
hereby given the right and authority to give such new bond as a 
substitute for and in lieu of the old and prior bond, provided such 
new bond shall be in the same penalty, and shall be conditioned in the 
same manner as the old or prior bond; and, provided further, that 
such new bond shall be submitted to and approved by the Mayor 
and filed in the office of the City Clerk, and the Mayor is hereby au¬ 
thorized and empowered to approve such new bond and the surety 
or sureties thereon, and from the time that such new bond has 
been so approved by the Mayor all further or future liability on said 
old or prior bond shall thereafter cease and terminate, and said old 
or prior bond shall thereupon be canceled, discharged and surren¬ 
dered. 

2116. When in force.] § 2. This ordinance shall be in force 
from and after its passage. 


Passed March 29, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2117. City clerk to acknowledge without expense.] § 1 . 
Whenever any ordinance of the city of Chicago, now in force, or 
which may hereafter be passed, requires a bond to be filed as a condi¬ 
tion precedent to the issuance of a license for any business or occupa- 

487 





488 


GENERAL ORDINANCES. 


tion, it shall be the duty of the city clerk to acknowledge said bond 
free of charge, and also to furnish such licensee a blank form thereof. 

2118. When in force.] § 2. This ordinance shall be in force and 
effect from and after its passage. 

PLUMBING. 

Passed March 29, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2119. Re-vents, branched or dispensed with.] § 1. That the 
ordinance passed by the City Council of the City of Chicago on the 
23rd day of November, A. D. 1896, amending Sections 36 and 37, 
Plumbing Ordinance, and said Sections 36 and 37, Plumbing Or¬ 
dinance, be amended so as to read as follows: 

“Where a single water closet or other plumbing fixture is located 
in a building and has an independent soil or waste pipe of undimin¬ 
ished size, from ground (in building) to roof, the revent may be dis¬ 
pensed with; provided, the trap of said fixture is located not more than 
five feet from the said soil or waste pipe, and that no other fixture 
on the floors above or below are connected or will be connected into 
any pipe from the said single fixture. It is further provided that 
a non-syphoning trap, tested and approved by the Chief Inspector, 
shall be used for such work. 

“Where two or more plumbing fixtures have an independent soil 
or waste pipe of undiminished size from ground in building to roof, 
are located on one floor, the revent pipe from the said fixtures may 
be branched into the soil or waste pipe, three feet above the floor 
on which the fixtures are located; provided, that no fixture or fixtures 
on the floors above or below are connected or will be connected into 
the soil, waste, vent or revents of the said fixtures. It is further pro¬ 
vided that no fixture revented under this rule shall be more than 
eight feet from the main soil or waste pipe.” 

2120. When in force.] § 2. That all ordinances and parts of 
ordinances in conflict with this ordinance be and the same are, re¬ 
spectively, repealed. 

MISDEMEANORS. 

Passed March 29, 1897. 

Be it ordained by the City Council of the City of Chicago: 

2121. Use of whistling device prohibited.] § 1. That no 
peddler, hawker, itinerant or street merchant, showman or other per¬ 
son, shall use any whistle or other device producing a sharp or 
whistling sound upon the streets of the City of Chicago, for the pur¬ 
pose of attracting custom, or for any other purpose; provided, this or¬ 
dinance shall not apply to the use by steam railroads of proper signals 
of warning. 


MISCELLANEOUS. 


489 


2122. Penalty.] §2. Any person violating the provisions of this 
ordinance shall be subject to a penalty of not less than ten dollars nor 
more than twenty-five dollars for each offense. 

2123. When in force.] § 3. This ordinance shall be in force 
and effect from and after its passage and due publication. 

An Ordinance providing for the repair or destruction of buildings dangerous to 
the public health. 

Passed April 8, 1897. 

Whereas, The continued existence of buildings of an unsanitary 
character in the city of Chicago is often times a menace to the public 

health; and 

Whereas, The only effective means of protecting the inhabitants 
of this city from disease arising from this source is by the repair or 
destruction of such buildings; therefore, 

Be it ordained by the city council of the city of Chicago: 

2124. Unsanitary building—nuisance.] §1. Any building or 
part thereof, which by reason of its unsanitary condition, or of its 
being infected with disease, is unfit for human habitation, or which 
from any other cause is a source of sickness among the inhabitants 
of this city, or which otherwise endangers the public health, is hereby 
declared to constitute a public nuisance. 

2125. Examination—notice to abate—demolition.] §2. It is 
hereby made the duty of the commissioner of health to cause an ex¬ 
amination to be made of any building alleged to be a public nuisance 
for any of the foregoing reasons; such examination to be made by a 
Board of Survey, composed of one medical inspector, one sanitary in¬ 
spector—both of whom shall be appointed by the Commissioner of 
Health from his regular force of inspectors—and one building inspector 
from the regular force of building inspectors, who shall be appointed 
by the Commissioner of Public Works at the request of the Commis¬ 
sioner of Health. If the said board shall find and report that a 
public nuisance exists, as defined in the foregoing section, the Com¬ 
missioner of Health shall serve notice upon the owner of the building, 
or his agent, directing him to abate the nuisance, and to place the 
building in a condition which shall not endanger the public health 
within such reasonable time as the Board of Survey shall recom¬ 
mend. Upon the failure of said owner or agent to obey said notice, 
the Commissioner of Health shall, after the expiration of the time 
specified therein, abate the nuisance by ordering the vacation of the 
said building, or part or parts thereof, when such vacation is required 
by the public health of this city, and if within 60 days the building 
or buildings are not put in a sanitary condition, then the Commissioner 
of Health shall have the power to order the demolition of said building 
or buildings; and the Chief of the Fire Department is hereby authorized 
and instructed to furnish the necessary service for such demolition on 
the request of the Commissioner of Health. 

2126. When in force.] § 3. This ordinance to be in force 
and effect from and after its passage. 


CONSTITUTIONAL PROVISIONS. 


PERTAINING TO CITIES. 


ARTICLE II. 

2127 . Arrest—procedure.] § 8. No person shall be held to 
answer for a criminal offense unless on indictment of a grand jury, 
except in cases in which the punishment is by fine or imprisonment 
otherwise than in the penitentiary, in cases of impeachment, and in 
cases arising in the army and navy or in the militia when in actual 
service in time of war or actual danger; Provided that the grand jury 
may be abolished, by law, in all cases. 

2128 . Grade penalty.]□ § ii. All penalties shall be pro¬ 
portioned to the nature of the offense. 

2129 . Eminent domain—compensation.] § 13. Private prop¬ 
erty shall not be taken or damaged for public use without just com¬ 
pensation. Such compensation, when not made by the state, shall 
be ascertained by a jury, as shall be prescribed by law. The fee of 
land taken for railroad tracks, without consent of the owners thereof, 
shall remain in such owners, subject to the use for which it is taken. 

2130 . Public assembly.] § 17. The people have the right to as¬ 
semble in a peaceable manner to consult for the common good, to 
make known their opinions to their representatives and to apply for 
redress of grievances. 

ARTICLE IV. 

2131 . Disqualification for office.] § 4. No person who has been, 
or hereafter shall be, convicted of bribery, perjury or other infamous 
crime, nor any person who has been or may be a collector or holder 
of public moneys, who shall not have accounted for, and paid over, 
according to law, all such moneys due from him, shall be eligible to 
the general assembly, or to any office of profit or trust in this state. 

2132 . State aid prohibited.] § 20. The state shall never pay, as¬ 
sume or become responsible for the debts or liabilities of, or, in any 
manner, give, loan or extend its credit to or in aid of any public or 
other corporation, association or individual. 

2133 . Local or special legislation.] § 22. The general assembly 

shall not pass local or special laws in any of the following enumerated 
cases, that is to say, for * * * changing the names of persons or 

places; * * * vacating roads, town plats, streets, alleys and pub¬ 
lic grounds; * * * regulating the jurisdiction and duties of jus- 

490 




CONSTITUTIONAL PROVISIONS. 


491 


tices of the peace, police magistrates and constables; incorporating 
cities, towns or villages, or changing or amending the charter of any 
town, city or village; * * * providing for the management of 

common schools; * * * the opening and conducting of any elec¬ 
tion or designating the place of voting; * * * remitting fines, 

penalties or forfeitures; creating, increasing, or decreasing fees, 
percentage or allowances of public officers, during the term for which 
said officers are elected or appointed; * * * granting to any 

corporation, association or individual the right to lay down railroad 
tracks, or amending existing charters for such purpose. 

2134. Release of obligations prohibited.] §23. The general as¬ 
sembly shall have no power to release, or extinguish, in whole, or in 
part, the indebtedness, liability, or obligation of any corporation, or 
individual, to this state, or to any municipal corporation therein. 

2135. Term of office—extension prohibited.] § 28. No law shall 
be passed which shall operate to extend the term of any public officer 
after his election or appointment. 

2136. Drains.] § 31. The general assembly may pass laws per¬ 
mitting the owners of lands to construct drains, ditches and levees, for 
agricultural, sanitary or mining purposes, across the lands of others 
and provide for the organization of drainage districts and vest the 
authorities thereof with power to construct and maintain levees, drains 
and ditches, and to keep in repair all drains, ditches and levees, here¬ 
tofore constructed under the laws of this state, by special assessments 
upon the property benefited thereby. [As amended, by popular 
vote, November 5, 1878.] 

ARTICLE V. 

2137. Oath of civil officers.] § 25. All civil officers, except 
members of the general assembly, and such inferior officers as may be 
by law exempted, shall, before they enter on the duties of their 
respective offices, take and subscribe the following oath or affirma¬ 
tion: 

I do solemnly swear (or affirm, as the case may be,) that I will support the 
constitution of the United States, and the constitution of the state of Illinois, and 

that I will faithfully discharge the duties of the office of. 

according to the best of my ability. 

And no other oath, declaration or test shall be required as a quali¬ 
fication. 

ARTICLE VI. 

2138. Judicial powers.] § I. The judicial powers, except as in 
this article is otherwise provided, shall be vested in one supreme court, 
circuit courts, county courts, justices of the peace, police magistrates 
and such courts as may be created by law in and for cities and incor¬ 
porated towns. 



492 


CONSTITUTIONAL PROVISIONS. 


2139 . Justices of the peace, etc.] §21. Justices of the peace, 
police magistrates and constables shall be elected in and for such 
districts as are, or may be, provided by law, and the jurisdiction of 
such justices of the peace and police magistrates shall be uniform. 

2140 . Justices in Chicago city.] §28. All justices of the peace 

in the city of Chicago shall be appointed by the governor, by and with 
the advice and consent of the senate (but only upon the recom¬ 
mendation of a majority of the judges of the circuit, superior 
and county courts), and for such districts as are now or shall here¬ 
after be provided by law. They shall hold their offices for four years 
and until their successors have been commissioned and qualified, 
but they may be removed, by summary proceeding in the circuit or 
superior court, for extortion or other malfeasance. * * * 

2141 . Officers—residence and compensation.] § 32. All officers 

provided for in this article shall * * * respectively, reside in the 

division, circuit, county or district for which they may be elected or 
appointed. * * * All officers, where not otherwise provided for 

in this article, shall perform such duties and receive such compensa¬ 
tion as is or may be provided by law. * * * 


ARTICLE VII. 

2142. Right of suffrage.] § 1. Every person having resided in 
this state one year, in the county ninety days and in the election dis¬ 
trict thirty days next preceding any election therein, who was an 
elector in this state on the first day of April, in the year of our Lord 
1848, or obtained a certificate of naturalization before any court of 
record in this state prior to the first day of January, in the year of 
our Lord 1870, or who shall be a male citizen of the United States, 
above the age of twenty-one years, shall be entitled to vote at such 
election. 

2143. Vote by ballot.] § 2. All votes shall be by ballot. 

2144. Privileges of electors.] § 3. Electors shall in all cases, 
except treason, felony or breach of the peace, be privileged from arrest 
during their attendance at elections, and in going to and returning 
from the same. And no elector shall be obliged to do military duty on 
the days of election, except in time of war or public danger. 

2145. Excluded persons.] § 5. No soldier, seaman or marine 
in the army or navy of the United States shall be deemed a resident 
of this state in consequence of being stationed therein. 

2146. Officers must be residents.] § 6. No person shall be 
elected or appointed to any office in this state, civil or military, who 
is not a citizen of the United States and who shall not have resided in 
this state one year next preceding the election or appointment. 


CONSTITUTIONAL PROVISIONS. 


493 


ARTICLE VIII. 

2147. Sectarian aid prohibited.] § 3. Neither the general 
assembly, nor any county, city, town, township, school district, or 
other public corporation, shall ever make any appropriation or pay, 
from any public fund whatever, anything in aid of any church or 
sectarian purpose, or to help, support, or sustain, any school, academy, 
seminary, college, university, or other literary or scientific insti¬ 
tution, controlled by any church or sectarian denomination whatever; 
nor shall any grant, or donation of land, money, or other personal 
property ever be made by the state, or any such public corporation, 
to any church or for any sectarian purpose. 

2148. School officers not to be interested in contracts.] § 4. 
No teacher, state, county, township or district school officer shall be 
interested in the sale, proceeds or profits of any book, apparatus or 
furniture used or to be used in any school in this state, with which 
such officer or teacher may be connected, under such penalties as 
may be provided by the general assembly. 


ARTICLE IX. 

2149. Exemption from taxation.] § 3. The property of the 

state, counties and other municipal corporations, both real and per¬ 
sonal, * * * may be exempted from taxation; but such exemp¬ 
tion shall be only by general law. * * * 

2150. Release from taxes prohibited.] § 6 . The general as¬ 
sembly shall have no power to release or discharge any county, city, 
township, town or district whatever, or the inhabitants thereof from 
their or its proportionate share of taxes to be levied for state purposes, 
nor shall commutation for such taxes be authorized in any form what¬ 
soever. 

2151. Municipal taxation and special assessment.] § 9. The 
general assembly may vest the corporate authorities of cities, towns 
and villages with power to make local improvements by special as¬ 
sessments, or by special taxation of contiguous property or otherwise. 
For all other corporate purposes, all municipal corporations may be 
vested with authority to assess and collect taxes; but such taxes shall 
be uniform in respect to persons and property, within the jurisdiction 
of the body imposing the same. 

2152. State taxation of municipal corporations prohibited.] 

§ 10. The general assembly shall not impose taxes upon municipal 
corporations, or the inhabitants or property thereof, for corporate pur¬ 
poses, but shall require that all the taxable property within the limits 
of municipal corporations shall be taxed for the payment of debts con¬ 
tracted under authority of law, such taxes to be uniform in respect to 
persons and property, within the jurisdiction of the body imposing the 


/ 


494 CONSTITUTIONAL PROVISIONS. 

same. Private property shall not be liable to be taken or sold for the 
payment of the corporate debts of a municipal corporation. 

2153 . Officers—eligibility and compensation.] § n. No per¬ 
son who is in default, as collector or custodian of money or property 
belonging to a municipal corporation, shall be eligible to any office in 
or under such corporation. The fees, salary or compensation of no 
municipal officer who is elected or appointed for a definite term of 
office, shall be increased or diminished during such term. 

2154 . Limitation of ^indebtedness.] § 12. No county, city, 
township, school district, or other municipal corporation shall be al¬ 
lowed to become indebted in any manner or for any purpose to an 
amount, including existing indebtedness, in the aggregate exceeding 
five per centum on the value of the taxable property therein, to be as¬ 
certained by the last assessment, for state and county taxes, previous 
to the incurring oi such indebtedness. Any county, city, school dis¬ 
trict, or other municipal corporation incurring any indebtedness as 
aforesaid shall, before or at the + ime of doing so, provide for the col¬ 
lection of a direct annual tax sufficient to pay the interest on such debt 
as it falls due, and also to pay ana discharge the principal thereof with¬ 
in twenty years from the t'me of contracting the same. This section 
shall not be construed to prevent any county, city, township, school 
district, or other municipal corporation from issuing their bonds in 
compliance with any vote of the people which may have been had prior 
to the adoption of this constitution in pursuance of any law providing 
therefor. 

2155 . World’s Columbian^Exposition—bonds.] § 13. The cor¬ 
porate authorities of the city of Chicago are hereby authorized to is¬ 
sue interest-bearing bonds of said city to an amount not exceeding 
five million dollars, at a rate of interest not to exceed five per centum 
per annum, the principal payable within thirty years from the date of 
their issue, and the proceeds thereof shall be paid to the treasurer of 
the World’s Columbian Exposition, and used and disbursed by him 
under the direction and control of the directors, in aid of the World’s 
Columbian Exposition, to be held in the city of Chicago, in pursuance 
of an act of Congress of the United States. 

Provided, That if at the election for the adoption of this amend¬ 
ment to the constitution a majority of the votes cast within the limits 
of the city of Chicago shall be against its adoption, then no bonds shall 
be issued under this amendment. 

And said corporate authorities shall be repaid as large a proportion¬ 
ate amount of the aid given by them as is repaid to the stockholders 
on the sums subscribed and paid by them, and the money so received 
shall be used in the redemption of the bonds issued as aforesaid, pro¬ 
vided that said authorities may take in whole or in part of the sum 
coming to them any permanent improvements placed on land held or 
controlled by them. 

And provided further, That no such indebtedness so created shall 


CONSTITUTIONAL PROVISIONS. 


495 


in any part thereof be paid by the state, or from any state revenue, 
tax or fund, but the same shall be paid by the said city of Chicago 
alone.* 

ARTICLE XI. 

2156. Use of streets for railroads.] § 4. No law shall be 
passed by the general assembly granting the right to construct and oper¬ 
ate a street railroad within any city, town or incorporated village, with¬ 
out requiring the consent of the local authorities having the control 
of the street or highway proposed to be occupied by such street rail¬ 
road. 

ARTICLE XIII. 

2157. Public warehouses.] § 1. All elevators or storehouses 
where grain or other property is stored for a compensation, whether 
the property stored be kept separate or not, are declared to be public 
warehouses. 

2158. Duties of warehousemen in cities, etc.] § 2. The owner, 
lessee or manager of each and every public warehouse situated in any 
town or city of not less than 100,000 inhabitants, shall make weekly 
statements, under oath, before some officer to be designated by law, 
and keep the same posted in some conspicuous place in the office of 
such warehouse, and shall also file a copy for public examination in 
such place as shall be designated by law, which statement shall cor¬ 
rectly set forth the amount and grade of each and every kind of grain 
in such warehouse, together with such other property as may be 
stored therein, and what warehouse receipts have been issued and are, 
at the time of making such statement, outstanding therefor; and shall, 
on the copy posted in the warehouse, note daily such changes as may be 
made in the quantity and grade of grain in such warehouse, and the 
different grades of grain shipped in separate lots shall not be mixed 
with inferior or superior grades without the consent of the owner or 
consignee thereof. 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS, ETC. 

No county, city, town, township or other municipality shall ever be¬ 
come subscriber to the capital stock of any railroad or private corpora¬ 
tion, or make donation to or loan its credit in aid of such corporation; 
Provided, however, that the adoption of this article shall not be con¬ 
strued as affecting the right of any such municipality to make such 
subscriptions where the same have been authorized, under existing 
laws, by a vote of the people of such municipalities prior to such adop¬ 
tion. 


♦This section was proposed by the general assembly at the special session, 
1890, ratified by a vote of the people November 4th, 1890, and at such election 
a majority of the votes cast within the limits of the city of Chicago were cast in 
favor of its adoption, and it was proclaimed adopted by the governor. 



GENERAL ACT FOR INCORPORATION OF CITIES AND 

VILLAGES. 


An Act to provide for the incorporation of cities and villages. [Approved April 
io, 1872. In force July 1, 1872. Adopted by the city of Chicago, April 23, 
1875.] 

§ I. Be it enacted by the people of the State of Illinois, repre¬ 
sented in the General Assembly, as follows: 


ARTICLE I. 

OF THE ORGANIZATION OF CITIES. 

2159. How city may be incorporated under this act.] § i. 

That any city now existing in this State may become incorporated 
under this act in the manner following: Whenever one-eighth of the 
legal voters of such city voting at the last preceding municipal elec¬ 
tion shall petition the mayor and council thereof to submit the ques¬ 
tion as to whether such city shall become incorporated under this act 
to a vote of the electors in such city, it shall be the duty of such mayor 
and council to submit such question to a vote of the electors of said 
city at the next ensuing municipal election of said city or at a special 
election to be designated by them, and to give the notice required by 
law. ,[As amended by Act approved June 21, 1895. In force July 1, 

1895-] 

2160. Notice of election.] § 2. The mayor of such city shall 
give at least thirty days’ notice of such election by publishing a notice 
thereof in one or more newspapers within such city; but if no news¬ 
paper is published therein, then by posting at least five copies of such 
notice in each ward. 

2161. The ballot—result.] § 3. The ballots to be used at such 
election shall be in the following form: “For city organization under 
general law;’’ or, “Against city organization under general law.” The 
judges of such election shall make returns thereof to the city council, 
whose duty it shall be to canvass such returns and cause the result of 
such canvass to be entered on the records of such city. If a majority 
of the votes cast at such election shall be for city organization under 
general law, such city shall thenceforth be deemed to be organized 
under this act; and the city officers then in office shall, thereupon, ex¬ 
ercise the powers conferred upon like officers in this act, until their 
successors shall be elected and qualified. 

2162. How towns may become cities.] § 4. Any incorpo- 

496 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 497 

rated town or village in this state having a population of not less than 
one thousand (1,000) inhabitants, may become incorporated as a city 
in like manner as hereinbefore provided; but in all such cases the presi¬ 
dent and trustees of such town or village shall, respectively, perform 
the same duties relative to such change of organization as is above 
required to be performed by the mayor and council of cities. [As 
amended by act approved May 25, 1877. I11 force July 1, 1877.] 

2163. Organizing a city— petition—election —result.] § 5. 
Whenever any area of contiguous territory in tnis state, not exceeding 
four square miles, shall have resident thereon a population of not less 
than one thousand inhabitants, which shall not already be included 
within any incorporated town or city, the same may become incor¬ 
porated as a city in manner following: Any fifty legal voters thereof 
may file in the office of the clerk of the county court, of the county in 
which such inhabitants reside, a petition, addressed to the judge of 
such court; and if the territory described in said petition shall be in 
more than one county, then the petition shall be addressed to the judge 
of the court where a greater part of such territory is situated; which 
petition shall define the boundaries of such proposed city, and state the 
number of inhabitants residing within such limits, and also state the 
name of such proposed city, and shall contain a prayer that the ques¬ 
tion be submitted to the legal voters residing within such limits 
whether they will organize as a city under this act. It shall be the duty 
of the county judge tc> fix a time and place, within the boundaries of 
such proposed city, at which an election may be held to determine 
such question; and such judge shall name the persons to act as judges 
in holding such election, and shall give notice thereof by causing ten 
notices to be posted in public places within such proposed city. And 
the third section of this article shall be applicable to such election: 
Provided, that the returns of such election shall be made to and can¬ 
vassed by the county judge and any two justices of the peace whom 
he shall call to his assistance, instead of the city council; and the re¬ 
sult of such election shall be entered upon the records of such county 
court. If a majority of the votes cast at such election shall be “For city 
organization under general law,” the inhabitants of such territory, de¬ 
scribed in such petition, shall be deemed to be incorporated as a city, 
under this act, and with the name stated in the petition. 

2164. Courts to take judicial notice of organization, etc.] § 6. 
All courts in this state shall take judicial notice of the existence of all 
villages and cities organized under this act, and of the change of the 
organization of any town or city from its original organization to its 
organization under this act; and from the time of such organization, or 
change of organization, the provisions of this act shall be applicable to 
such cities and villages, and all laws in conflict therewith shall no 
longer be applicable. But all laws or parts of laws, not inconsistent 
with the provisions of this act, shall continue in force and applicable 
to any such city or village, the same as if such change of organization 
had not taken place. 

82 


498 


STATUTORY PROVISIONS. 


2165 . Election of officers.] § 7. It shall be the duty of the 

president and board of trustees of any town which shall have voted to 
change its organization to a city, under this act, to call and give notice 
of an election to elect city officers, and to designate the time and place 
or places of holding the same. Such notice shall be published in a 
newspaper, if there be one, within the town, or posted in ten public 
places, for at least twenty days before such election. Such president 
and trustees shall appoint the judges and clerks to hold such election, 
canvass the returns thereof, and cause the result to be entered upon 
the records of the town; and the provisions of this act, relative to the 
election of city officers, shall be applicable thereto; but, at such elec¬ 
tion, aldermen may be elected on a general ticket. 

2166 . When county judge to give notice of election, etc.] § 8. 
In case of cities organizing under section five (5) of this article, the 
county judge shall call and give notice of the election, and perform the 
same duties relative thereto as is above required to be performed by 
president and trustees of such town, and in canvassing such returns 
shall call to his assistance two justices of the peace. 

2167 . Term of first officers.] § 9. The city officers elected 
under either of the preceding sections shall hold their respective 
offices until the next succeeding regular election for such officers, re¬ 
spectively, and until their successors are elected and qualified, as pro¬ 
vided in this act. 

2168 . Corporate name—powers.] § 10. Cities organized under 
this act shall be bodies politic and corporate, under the name and style 
of “City of (name)/' and under such name may sue and be sued, con¬ 
tract and be contracted with, acquire and hold real and personal pro- 
erty for corporate purposes, have a common seal, and change the same 
at pleasure, and exercise all the powers hereinafter conferred. 

2169 . Prior ordinances, etc., in force until, etc.] § 11 . 

All ordinances, resolutions and by-laws in force in any city or town 
when it shall organize under this act shall continue in full force and 
effect until repealed or amended, notwithstanding such change of or¬ 
ganization; and the making of such change of organization shall not 
be construed to effect a change in the legal identity, as a corporation, 
of such city or town. 

2170 . Rights, etc., of old corporations to vest in new.] § 12. 

All rights and property of every kind and description, which were vest¬ 
ed in any municipal corporation under its former organization, shall 
be deemed and held to be vested in the same municipal incorporation 
upon its becoming incorporated under the provisions of this act; but 
no rights or liabilities, either in favor of or against such corporation, , ex¬ 
isting at the time of so becoming incorporated under this act, and no 
suit ®r prosecution of any kind, shall be affected by such change, but 
the same shall stand and progress as if no change had been made: Pro¬ 
vided, that when a different remedy is given by this act, which may 
properly be made applicable to any right existing at the time of such 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 499 

city so becoming incorporated under this act, the same shall be deemed 
cumulative to the remedies before provided, and used accordingly. 

2171. Record of result of election.] § 13. The corporate 
authorities of any city or village which may become organized under 
this act shall, within three (3) months after organization hereunder, 
cause to be filed in the office of the recorder of deeds of the county 
in which such city or village is situated a certified copy of the record 
of the county court or of the city or village in the matter of such or¬ 
ganization, showing the canvass of the votes and the result of the elec¬ 
tion whereby such city or village became so organized, and the recorder 
of deeds shall record the same. And upon such record having been 
duly recorded by the recorder of deeds aforesaid, he shall immediately 
transmit the same to the secretary of state, together with his certificate 
of such recordation endorsed thereon or annexed thereto, and it ap¬ 
pearing from the recitals in said record that the provisions of this act 
have been duly complied with, the secretary of state shall file the same 
and charter said city or village by his certificate duly authenticated 
under his hand and the great seal of state. The secretary of state shall 
keep a register of cities and villages organized under the provisions of 
this act. [As amended by Act approved June 7, 1895. In force July 
1, 1895.] 

2172. City register’s office abolished.] § 14. If any city or¬ 
ganized or which may hereafter organize under this act shall have had 
by the terms and provisions of its special charter a city register’s office 
or other office in which deeds, mortgages or other instruments were 
required or authorized by law to'be recorded in lieu of recording the 
same in the recorder’s office in the county where said city was situated, 
such city register’s office or recorder’s office shall be discontinued 
under this act, and the city register or recorder or other officer having 
the custody of the records, books and papers pertaining to such city 
register or recorder’s office, shall deposit such records and books and 
papers in the office of the recorder of deeds of the county in which such 
city is situated, and shall take the receipt of the recorder of deeds 
therefor, and such records and books and papers shall from there¬ 
after be deemed and held for all purposes a part of the records of the 
recorder’s office of such county, and shall have like legal effect as if the 
same had been originally a part of the records of such county record¬ 
er’s office for all purposes whatsoever, and the same or certified tran¬ 
scripts made therefrom shall have like force and effect as evidence as 
other records of said recorder’s office. [As amended by act approved 
May 15, 1879. In force July 1, 1879.] 

ARTICLE II. 

OF THE MAYOR. 

2173. Mayor—his qualifications.] § 1. The chief executive 
officer of a city shall be a mayor, who shall be a citizen of the United 


500 


STATUTORY PROVISIONS. 


States, a qualified elector, reside within the city limits, and hold his 
office for two years, and until his successor is elected and qualified. 

2174 . Vacancy one year or over.J § 2. Whenever a vacancy 
shall happen in the office of the mayor, when the unexpired term shall 
be one year or over from the date when the vacancy occurs, it shall 
be filled by an election. 

2175 . Vacancy less than year.] § 3. If the vacancy is less 
than one year, the city council shall elect one of its number to act as 
mayor, who shall possess all the rights and powers of the mayor until 
the next annual election, and until his successor is elected and quali¬ 
fied. 

2176 . Mayor pro tem.] § 4. During a temporary absence or 
disability of the mayor, the city council shall elect one of its number 
to act as mayor pro tem., who, during such absence or disability, shall 
possess the powers of mayor. 

2177 . Vacancy by removal from city.] § 5. If the mayor, at 
any time during the term of his office, shall remove from the limits of 
the city, his office shall thereby become vacant. 

2178 . Mayor to preside—casting vote.] §6. The mayor shall 
preside at all meetings of the city council, but shall not vote except in 
case of a tie, when he shall give the casting vote. 

2179 . When he may remove officers.] § 7. The mayor shall 
have power to remove any officer appointed by him, on any formal 
charge, whenever he shall be of the opinion that the interests of the 
city demand such removal, but he shall report the reasons for such 
removal to the council at a meeting to be held not less than five days 
nor more than ten days after such removal; and if the mayor shall fail, 
or refuse to file with the city clerk a statement of the reasons for such 
removal, or if the council by a two-thirds ( f) vote of all its members 
authorized by law to be elected, by yeas and nays, to be entered upon 
its record, disapprove of such removal, such officer shall thereupon be¬ 
come restored to the office from which he was so removed; but he shall 
give new bonds and take a new oath of office. No officer shall be re¬ 
moved a second time for the same offense. [As amended by Act ap¬ 
proved May 31, 1879. In force July 1, 1879.] 

2180 . His power to keep peace.] § 8. He may exercise, with¬ 
in the city limits, the powers conferred upon sheriffs to suppress dis¬ 
order and keep the peace. 

2181 . Release of prisoners.] § 9. He may release any person 
imprisoned for violation of any city ordinance, and shall report such 
release, with the cause thereof, to the council at its first session there¬ 
after. 

2182 . General duties.] § 10. He shall perform all such duties 
as are or may be prescribed by law or by the city ordinances, and shall 
take care that the laws and ordinances are faithfully executed. 

2183 . Power to examine records, etc.] § 11. He shall have 
power at all times to examine and inspect the books, records and 
papers of any agent, employee or officer of the city. 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 501 

2184. Messages to council.] §12. The mayor shall, annually, 
and from time to time, give the council information relative to the af¬ 
fairs of the city, and shall recommend for their consideration such 
measures as he may deem expedient. 

2185. To call out militia, etc.—riots, etc.] § 13. He shall 
have power, when necessary, to call on every male inhabitant of the 
city over the age of 18 years, to aid in enforcing the laws and ordi¬ 
nances, and to call out the militia to aid in suppressing riots and other 
disorderly conduct, or carrying into effect any law or ordinance, sub¬ 
ject to the authority of the governor as commander-in-chief of the 
militia. 

2186. Misconduct, etc., of mayor or other officer—penalty.] 

§ 14. In case the mayor or any other municipal officer shall at anytime 
be guilty of a palpable omission of duty, or shall willfully and corrupt¬ 
ly be guilty of oppression, malconduct or misfeasance in the discharge 
of the duties of his office he shall be liable to indictment in any court 
of competent jurisdiction, and, on conviction, shall be fined in a sum 
not exceeding $1,000; and the court in which such conviction shall be 
had shall enter an order removing such officer from office. 

2187. Revising ordinances after change of organization. ] § 15 . 
He may appoint, by and with the advice and consent of the city council, 
immediately after such change of organization, one or more competent 
persons to prepare and submit to the city council, for their adoption or 
rejection, an ordinance in revision of the ordinances of such city, and 
for the government of such city, the compensation of such reviser or 
revisers to be determined and fixed by the city council and paid out of 
the city treasury. 



MAYOR'S BILL. 


An Act concerning the appointment and removal of city officers in all cities in 
this state, conferring additional powers and duties upon mayors, and con¬ 
cerning appropriation bills or ordinances that may be passed in such 
cities. [Approved and in force April io, 1875-] 

2188. Power of mayor and council—repeal.] § i. Be it en¬ 
acted by the people of the State of Illinois represented in the General 
Assembly. 

Note: All of this section except the enacting, clause is repealed by act 
approved May 28, 1879. I n f° rce July 1 > 

2189. Approval and veto of ordinances.] § 2. All ordinances 
passed by the city council shall, before they take effect, be deposited in 
the office of the city clerk, and if the mayor approves thereof, he shall 



502 


STATUTORY PROVISIONS. 


sign the same, and such as he shall not approve he shall return to the 
council, with his objections thereto, in writing, at the next regular 
meeting of the council occurring not less than five days after the pas¬ 
sage thereof. Such veto may extend to any one or more items or ap¬ 
propriations contained in any ordinance, and in case the veto only ex¬ 
tends to a part of such ordinance, the residue thereof shall take effect 
and be in force; but in case the mayor shall fail to return any ordinance 
with his objections thereto, by the time aforesaid, he shall be deemed 
to have approved such ordinance, and the same shall take effect ac¬ 
cordingly. 

2190. Passage over mayor’s veto.] §3. Upon the return of any 

ordinance by the mayor, the vote by which the same was passed shall 
be reconsidered by the council; and if, after such reconsideration, two- 
thirds of all the members elected to the city council shall agree, by 
•yeas and nays, to pass the same, it shall gojnto effect, notwithstand¬ 
ing the mayor may refuse to approve thereof. The vote to pass the 
same over the mayor’s veto shall be taken by yeas and nays and en¬ 
tered on the journal. 

2191. Emergency.] §4. Whereas, the legislative authorities in 
many cities pass their appropriation bills before the first day of July 
next, and mayors have no power to veto a part of such appropriation 
or ordinance, wherefore an emergency exists; therefore, this act shall 
take effect, and be in force from and after its passage. 

(Act of 1872 resumed.) 

ARTICLE III. 

OF THE CITY COUNCIL. 

2192. Council—how composed.] § 1. The city council shall 
consist of the mayor and aldermen. 

2193. Aldermen.] § 2. The number of aldermen, when not 
ejected by the minority representation plan, shall be as follows: In 
cities not exceeding 3,000 inhabitants, six aldermen; exceeding 3,000, 
but not exceeding 5,000, eight aldermen; exceeding 5,000 and not ex¬ 
ceeding 10,000, ten aldermen; exceeding 10,000 and not exceeding 
30,000, fourteen aldermen; and two additional aldermen for every 20^ 
000 inhabitants over 30,000: Provided, however, that in cities of over 
350,000 inhabitants there shall be elected forty-eight aldermen and 110 
more, unless additional territory shall be annexed to such city, after 
such city shall have been divided into wards on the basis of 'forty- 
eight aldermen, in which case and as often as new territory shall be 
annexed to such city, as aforesaid, containing three or more square 
miles of territory or 15,000 inhabitants and not exceeding 25,000 in¬ 
habitants, such annexed territory shall constitute a ward of such city, 
and the city council of such city shall authorize the legal voters of such 
annexed territory to elect two aldermen from such ward in such an- 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


503 


nexed territory, which said aldermen in such annexed territory shall 
be additional to said forty-eight aldermen, and who shall possess all the 
qualifications of, and be elected at the time and in the manner provided 
in the said act, of which this is an amendment: Provided, that if said 
annexed territory shall contain more than 25,000 inhabitants, then the H 
city council shall authorize the legal voters of such annexed territory to 
elect two aldermen for every 25,000 inhabitants thereof, and two ad¬ 
ditional aldermen for every fraction of 15,000 inhabitants or more. 
The number of inhabitants to be determined by the last preceding na¬ 
tional, state or school census of such annexed territory. And if any 
such annexed territory has less than 15,000 inhabitants, and less than 
three square miles in extent, then the city council shall annex it to any 
ward or wards which it adjoins: Provided, further, that when the 
number of aldermen in any such city shall reach seventy by reason of 
such annexed territory, the city council shall redistrict said city into 
thirty-five new wards and no more; and when said number of aldermen 
shall reach seventy, if any new territory is thereafter annexed which 
shall contain 25,000 inhabitants, or more, as determined by the last 
preceding national, state, school or other census authorized by law to 
be taken, then said city council shall redistrict said city into thirty- 
five wards: Provided, further, that whenever after such new territory 
shall have been annexed, as aforesaid, said city shall be redistricted, the 
number of wards at the time said city is redistricted shall be preserved 
and the city council thereof mav, in its discretion, change the bound¬ 
ary between such new ward and the original territory of the citv, and 
make said new ward larger or smaller, to complv with the require¬ 
ments of said act as to compactness and equality of inhabitants: And 
provided, further, if it shall appear from any census heretofore or here¬ 
after taken, that any citv has the requisite number of inhabitants to 
authorize it to increase the number of aldermen, it shall be the duty of 
the city council thereof to proceed without delay and redistrict such 
city in accordance with the provisions hereof, and to call and hold its 
next city election in accordance with such new redistricting: Provided 
that at such election the aldermen who hold over shall be considered 
aldermen for the new wards respectively in which their residence shall 
be, unless there shall be two or more aldermen who hold over in the 
same ward under this proviso, then, in such case, it shall be determined 
bv lot in presence of the citv council, in such manner as they shall di¬ 
rect, which alderman shall hold over for such ward. [As amended 
bv act approved and in force June 4, 1889.] 

2194. Term of office.l § r Aldermen shall hold their office for 
the term of two years, and until their successors are elected and quali- 

2195. Vacancv.l § 4- If any vacancy shall occur in the office of 
alderman by death, resignation, removal or otherwise, such vacancy 
shall be filled bv election. 

2196. Qualifica tions of aldermen.] § No person shall be eligible 
to the office of alderman unless he shall be a qualified elector, and 


504 


STATUTORY PROVISIONS. 


reside within the ward for which he is elected, nor shall he be eligible 
if he is in arrears in the payment of any tax or other liability due to the 
city; nor shall he be directly or indirectly interested in any contract 
whatever to which the city is a party; nor shall he be eligible if he shall 
have been convicted of malfeasance, bribery or other corrupt practices 
or crimes; nor shall he be eligible to any office, the salary of which is 
payable out of the city treasury, if at the time of his appointment he 
shall be a member of the city council; nor shall any member of the city 
council at the same time hold any other office under the city govern¬ 
ment; nor shall he be either directly or indirectly, individually, or as a 
member of a firm, engaged in any business transaction (other than 
official) with such city, through its mayor or any of its authorized 
boards, agents or attorneys, whereby any money is to be paid, directly 
or indirectly, out of the city treasury to such member or firms. 

2197. Council judge of its members.] § 6. The city council 
shall be judge of the election and qualification of its own members. 

2198. Rules—expulsion—bribery.] § 7. It shall determine its 
own rules of proceeding, punish its members for disorderly conduct, 
and with the concurrence of two-thirds of the aldermen elect, may ex¬ 
pel a member, but not a second time for the same offense: Provided, 
that any alderman or councilman who shall have been convicted of 
bribery shall thereby be deemed to have vacated his office. 

2199. Quorum—compelling attendance.] § 8. A majority of 
the aldermen elect shall constitute a quorum to do business, but a 
smaller number may adjourn from time to time, and may compel the 
attendance of absentees, under such penalties as may be prescribed by 
ordinance. 

2200. Meetings.] § 9. The city council ’may prescribe, by ordi¬ 
nance, the times and places of the meeting thereof, and the manner in 
which special meetings thereof may be called. 

2201. Chairman pro tern.] § 10. It may elect a temporary 
chairman in the absence of the mayor. 

2202. Open doors.] § 11. It shall sit with open doors. 

2203. Journal.] § 12. It shall keep *a journal of its own proceed¬ 
ings. ! 

2204. Yeas and nays—record—vote required.] § 13. The 
yeas and nays shall be taken upon the passage of all ordinances, and 
on all propositions to create any liability against the city, or for the ex¬ 
penditure or appropriation of its money, and in all other cases at the 
request of any member, which shall be entered on the journal of its 
proceedings; and the concurrence of a majority of all the members 
elected in the city council shall be necessary to the passage of any such 
ordinance or proposition: Provided, It shall require two-thirds of all 
the aldermen elect to sell any city or school property. 

2205. Not to rescind vote at special meeting, unless, etc.] 
§ 14. No vote of the city council shall be reconsidered or rescinded at 
a special meeting, unless at such special meeting there be present as 
large a number of aldermen as were present when such vote was taken. 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 505 

2206 . When report laid over.] § 15. Any report of a committee 
of the council shall be deferred, for final action thereon, to the next 
regular meeting of the same after the report is made, upon the request 
of any two aldermen present. 

2207 . Territorial jurisdiction.] § 16. The city council and board 
of trustees shall also have jurisdiction in and over all places within one- 
half mile of the city or village limits, for the purpose of enforcing 
health and quarantine ordinances and regulations thereof. 

2208 . Special meeting.] §17. The mayor any three aldermen 
may call special meetings of the city council. 

2209 . Ordinances — approval — veto.] § 18. All ordinances 
passed by the city council shall, before they take effect, be deposited in 
the office of the city clerk; and if the mayor approves thereof, he shall 
sign the same, and such as he shall not approve he shall return to the 
council, with his objections thereto, in writing, at the next regular 
meeting of the council occurring not less than five days after the pas¬ 
sage thereof. Such veto may extend to any one or more items or ap¬ 
propriations contained in any ordinance making an appropriation, or 
to the entire ordinance; and in case the veto only extends to a part of 
such ordinance, the residue thereof shall take effect and be in force. But 
in case the mayor shall fail to return any ordinance, with his objec¬ 
tions thereto, by the time aforesaid, he shall be deemed to have ap¬ 
proved such ordinance, and the same shall take effect accordingly. 

2210 . Reconsideration—passing over veto.] § 19. Upon the 
return of any ordinance by the mayor, the vote by which the same was 
passed shall be reconsidered by the council; and if, after such recon¬ 
sideration, two-thirds of all the members elected to the city council shall 
agree, by yeas and nays, to pass the same, it shall go into effect, not¬ 
withstanding the mayor may refuse to approve thereof. The vote to 
pass the same over the mayor’s veto shall be taken by yeas and nays, 
and entered on the journal. 


ARTICLE IV. 

ELECTIONS. 

2211 . Annual election.] § 1. A general election for city officers 
shall be held on the third Tuesday of April of each year. Provided, 
that in cities which include wholly within their corporate limits a town 
or towns, such elections shall be held on the first Tuesday of April. 
[As amended by act approved and in force March 9, 1877.] 

2212 . Election of mayor, city clerk, attorney and treasurer.] 
§ 2. At the general election held in 1877, and biennially thereafter, a 
mayor, a city clerk, a city attorney, and a city treasurer shall be elected 
in each city: Provided, that no person shall be elected to the office of 
city treasurer for two terms in succession. [As amended by act 
approved and in force March 26, 1877-] 

2213 . Who entitled to vote.] § 3 - All persons entitled to vote 


506 


STATUTORY PROVISIONS. 


at any general election for state officers within any city or village, hav¬ 
ing resided therein thirty days next preceding thereto, may vote at any 
election for city or village officers. 

2214. Wards.] § 4. The city council of any city in this state, 
whether organized under this act or under any special law of this state, 
may, from time to time, divide the city into one half as many wards as 
the total number of aldermen to which the city is entitled; and one ald¬ 
erman shall, annually, be elected in and for each ward, to hold his office 
for two years, and until his successor is elected and qualified. In the 
formation of wards the population of each shall be as nearly equal, and 
the ward shall be of as compact and contiguous territory as practic¬ 
able. [As amended by act approved June 17, 1887. In force July 1, 
1887.1 

2215. Aldermen at first election—classified.] §5. At the first 
election under this act, there shall be elected the full number of aider- 
men to which the city shall be entitled. At the first meeting of the city 
council after such election, the aldermen elected shall be divided, by 
lot, into two classes: Those of the first class shall continue in office 
for one year, and those of the second for two years. And upon anv 
increase of the number of aldermen, at their first election, one-half 
shall be elected for one year, and one-half for two years. 

2216. Minority representation.] §6. Whenever this act shall be 
submitted to the qualified electors of any city for adoption, there shall 
be submitted at the same time for adoption or rejection the question of 
minority representation in the city council or legislative authority of 
such city. At the said election the ballot shall be in the following 
form: “For minority representation in the city council,” or “against 
minority representation in the city council,” and at any subsequent 
time on petition of the legal voters equal in number to one-eighth the 
number of legal votes cast at the next preceding general city election, 
the city council shall cause the question of minority representation to 
be submitted to the legal voters of said city, and the ballots shall be in 
form as provided in this sectipn: Provided, that no such question of 
representation shall be submitted more than once in every two years. 
The judges of such election shall make returns thereof to the city coun¬ 
cil, whose duty it shall be to canvass such returns, and to cause the 
result of such canvass to be entered on the records of such city. If a 
majority of the votes cast at such election shall be for equal represen¬ 
tation in the city council, then the members of the city council, or leg¬ 
islative authority of such city, shall be thereafter elected in the follow¬ 
ing manner: The council or legislative authority of such city, at least 
one month before the general election in the year in which this act 
shall take effect in such city, shall apportion such citv by dividing the 
population thereof, as ascertained by the last federal census, by any 
number not less than two, nor more than six, and the quotient shall be 
the ratio of representation in the city council. Districts shall be formed 
of contiguous and compact territory, and contain as near as practicable 
an equal number of inhabitants: And, provided, further, that where 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


507 


said council or legislative authority of such city have not fixed a ratio 
of representation and formed the districts or wards, at the time above 
specified, the same may be done by any subsequent board of aldermen; 
but all official acts heretofore done, and ordinances heretofore passed 
by any board of aldermen elected at large by the legal electors of any 
such city on the minority representation plan, shall be held and taken 
by all courts in this state to be of as much validity and binding force as 
if they had been elected from wards or districts. [As amended by 
act approved and in force April i, 1883.] 

2217. Aldermen under minority plan.] §7. Every such district 
shall be entitled to three aldermen, who shall hold their office for two 
years, and until their successors shall be elected and qualified. At the 
first general election for mayor, after the passage of this act, and every 
two years thereafter, there shall be elected in each ward as many ald¬ 
ermen as such ward shall be entitled to: Provided, that aldermen 
elected under this act, in wards wherein aldermen were elected for two 
years at the last previous annual election, shall not take their seats as 
such until the terms of the aldermen last aforesaid shall expire. Va¬ 
cancies shall be filled at an election to be held by the voters of the dis¬ 
trict in which such vacancies shall occur, at the time to be designated 
by the city council. In all elections for aldermen aforesaid, each quali¬ 
fied voter may cast as many votes as there are aldermen to be elected 
inEis district, or may distribute the same or equal parts thereof, among 
the candidates as he shall see fit, and the candidate highest in votes 
shall be declared elected. [As amended by act approved and in 
force April 1. 1883 .1 

2218. Aldermen when minority plan not adopted,] § 8 . If 

a majority of the votes cast at such election shall be “Against minoritv 
representation in the city council,” the preceding section shall be null 
and void, so far as it relates to such city at such election, and the aider- 
men of such citv shall be elected as otherwise provided for in this act. 

2219. Place of election—notice.] § 9. The city council shall 
designate the place or places in which the election shall be held, and ap¬ 
point the judges and clerks thereof, and cause notice to be printed in 
some newspaper published in such city, if there be one, or posted at 
each voting place in such citv, of the time, places of election, and of the 
officers to be elected, for at least twenty davs prior to such election. 

2220. Manner of conducting elections, etc.] § to. The man¬ 
ner of conducting and voting at elections to be held under this act and 
contesting the same, the keeping of poll lists and canvassing the votes, 
shall be the same, as nearly as mav be, as in the case of the election of 
county officers, under the general laws of this state. The judges of 
election shall appoint clerks, when necessary to fill vacancies, and the 
judges and clerks shall take the same oath and have the same powers 
and authority as the judges and clerks of general state elections. After 
the closing of the polls, the ballots shall be counted and the returns 
made out and returned, under seal, to the citv or village clerk, as the 
case may be, within two days after the election; and, thereupon, the 


508 


STATUTORY PROVISIONS. 


city council or board of trustees, as the case may be, shall examine 
and canvass the same and declare the result of the election, and cause 
a statement thereof to be entered upon its journals. 

2221 . Result—tie. ] §11. The person having the highest num¬ 

ber of votes, for any office, shall be declared elected. In case of a tie 
in the election of any city or village officer, it shall be determined by 
lot, in presence of the city council or board of trustees, in such man¬ 
ner as they shall direct, which candidate or candidates shall hold the 
office. 

2222 . Notice to persons elected or appointed.] § 12. It shall 

be the duty of the village or city clerk, within five days after the result 
of the election is declared or appointment made, to notify all per¬ 
sons elected or appointed to office of their election or appointment, and 
unless such persons shall respectively qualify in ten days after such no¬ 
tice, the office shall become vacant. 

2223 . When no quorum in office—special election.] §13. If, 
for any cause, there shall not be a quorum in office of the city coun¬ 
cil or board of trustees, the mayor, clerk, or any alderman or trustee, 
as the case may be, may appoint the time and place for holding 
a special election to supply such vacancy and give notice and ap¬ 
point the judges thereof. 

2224 . Special elections.] § 14. If there is a failure to elect any 
officer herein required to be elected, or the person elected should fail 
to qualify, the city council or board of trustees may forthwith order a 
new election therefor; and in all cases, when necessary for the purposes 
of this act, may call special elections, appoint judges and clerks there¬ 
of, canvass the returns thereof, and provide by ordinance for the mode 
of conducting the same; and shall give notice of such special elections 
in which shall be stated the questions to be voted upon, and cause such 
notices to be published or posted for the same length of time and in the 
same manner as is required in the case of regular annual elections in 
such cities or villages. 

ARTICLE V. 

OF THE POWERS OF THE CITY COUNCIL. 

2225 . ] § 1. The city council in cities, and president and the board 
of trustees in villages, shall have the following powers: 

First—To control the finances and property of the corporation. 

Second—To appropriate money for corporate purposes only, and 
provide for payment of debts and expenses of the corporation. 

Third—To levy and collect taxes for general and special purposes 
on real and personal property. 

Fourth—To fix the amount, terms and manner of issuing and revok¬ 
ing licenses. 

Fifth—To borrow money on the credit of the corporation for corpor¬ 
ate purposes, and issue bonds therefor, in such amounts and form, and 
on such conditions as it shall prescribe, but shall not become indebted 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


509 


in any manner or for any purpose to an amount, including - existing in¬ 
debtedness, in the aggregate to exceed five (5) per centum on the value 
of the taxable property therein, to be ascertained by the last assess¬ 
ment, for the state and county taxes previous to the incurring of such 
indebtedness; and before or at the time of incurring any indebtedness, 
shall provide for the collection of a direct annual tax sufficient to pay 
the interest on such debt as it falls due, and also to pay and discharge 
the principal thereof within twenty years after contracting the same. 

Sixth—1 o issue bonds in place of or to supply means to meet matur¬ 
ing bonds, or for the consolidation or funding of the same. 

Seventh—To lay out, to establish, open, alter, widen, extend, grade, 
pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, 
parks and public grounds, and vacate the same. 

Eighth—To plant trees upon the same. 

Ninth—To regulate the use of the same. 

Tenth—To prevent and remove encroachments or obstructions upon 
the same. 

Eleventh—To provide for the lighting of the same. 

Twelfth—To provide for the cleansing of the same. 

Thirteenth—To regulate the openings therein for the laying of gas 
or water mains and pipes, and the building and repairing of sewers, 
tunnels and drains, and erecting gas lights: Provided, however, that 
any company heretofore organized under the general laws of this state 
or any association of persons organized, or which may be hereafter or¬ 
ganized for the purpose of manufacturing illuminating gas to supply 
cities or villages, or the inhabitants thereof, with the same, shall have 
the right, by consent of the common council (subject to existing rights) 
to erect gas factories and lay down pipes in the streets or alleys of any 
city or village in this state, subject to such regulations as any such city 
or village may by ordinance impose. 

Fourteenth—To regulate the use of sidewalks and all structures 
thereunder; and to require the owner or occupant of any premises to 
keep the sidewalks in front of, or along the same, free from snow and 
other obstructions. 

Fifteenth—To regulate and prevent the throwing or depositing of 
ashes, offal, dirt, garbage, or any offensive matter in, and to prevent in¬ 
jury to any street, avenue, alley, or public ground. 

Sixteenth—To provide for and regulate crosswalks, curbs and gut¬ 
ters. 

Seventeenth—To regulate and prevent the use of streets, sidewalks 
and public grounds for signs, sign posts, awnings, awning posts, tele¬ 
graph poles, horse troughs, racks, posting hand bills and advertise¬ 
ments. 1 

Eighteenth—To regulate and prohibit the exhibition or carrying of 
banners, placards, advertisements or hand bills in the streets or public 
grounds, or upon the sidewalks. 

Nineteenth—To regulate and prevent the flying of flags, banners or 
signs across the streets or from houses. 


510 


STATUTORY PROVISIONS. 


Twentieth—To regulate traffic and sales upon the streets, sidewalks 
and public places. 

Twenty-first—To regulate the speed of horses and other animals, 
vehicles, cars and locomotives within the limits of the corporation. 

Twenty-second—To regulate the numbering of houses and lots. 

Twenty-third—To name and change the name of any street, avenue, 
alley or other public place. 

Twenty-fourth—To permit, regulate or prohibit the locating, con¬ 
structing or laying a track of any horse railroad in any street, alley or 
public place; but such permission shall not be for a longer time than 
twenty years. 

Twenty-fifth—To provide for and change the location, grade and 
crossings of any railroad. 

Twenty-sixth—To require railroad companies to fence their respect¬ 
ive railroads, or any portion of the same, and to construct cattle guards, 
crossings of streets and public roads, and keep the same in repair, with¬ 
in the limits of the corporation. In case any railroad company shall fail 
to comply with any such ordinance, it shall be liable for all damages the 
owner of any cattle or horses or other domestic animal may sustain by 
reason of injuries thereto while on the track of such railroad, in like 
manner and extent as under the general laws of this state, relative to 
the fencing of railroads; and actions to recover such damages may be 
instituted before any justice of the peace or other court of competent 
jurisdiction. 

Twenty-seventh—To require railroad companies to keep flagmen at 
railroad crossings of streets, and provide protection against injury to 
persons and property in the use of such railroads. To compel such rail¬ 
roads to raise or lower their railroad tracks to conform to any grade 
which may, at any time, be established by such city, and where such 
tracks run lengthwise of any such street, alley or highway, to keep 
their railroad tracks on a level with the street surface, and so that such 
tracks may be crossed at any place on such street, alley or highway. 
To compel and require railroad companies to make and keep open and 
to keep in repair ditches, drains, sewers and culverts along and under 
their railroad tracks so that filthy or stagnant pools of water can not 
stand on their grounds or right of way, and so that the natural drain¬ 
age of adjacent property shall not be impeded. 

Twenty-eighth—To construct and keep in repair bridges, viaducts 
and tunnels, and to regulate the use thereof. 

Twenty-ninth—To construct and keep in repair culverts, drains, 
sewers and cess pools and to regulate the use thereof. 

Thirtieth—To deepen, widen, dock, cover, wall, alter or change 
channel of water courses. 

Thirty-first—To construct and keep in repair canals and slips for the 
accommodation of commerce. 

Thirty-second—To erect and keep in repair public landing places, 
wharves, docks and levees. 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


511 


Thirty-third—To regulate and control the use of public and private 
landing places, wharves, docks and levees. 

Thirty-fourth—To control and regulate the anchorage, moorage and 
landing of all water craft and their cargoes within the jurisdiction of the 
corporation. 

1 hirty-fifth-—lo license, regulate and prohibit wharf-boats, tugs and 
other boats used about the harbor, or within such jurisdiction. 

Thirty-sixth—To fix the rate of wharfage and dockage. 

Thirty-seventh—lo collect wharfage and dockage from all boats, 
rafts or other craft landing at or using any public landing place, wharf, 
dock or levee within the limits of the corporation. 

Thirty-eighth—To make regulations in regard to use of harbors, 
towing of vessels, opening and passing of bridges. 

Thirty-ninth—To appoint harbor masters and define their duties. 

Fortieth—To provide for the cleansing and purification of waters, 
water-courses and canals, and the draining or filling of ponds on pri¬ 
vate property, whenever necessary to prevent or abate nuisances. 

Forty-first—To license, tax, regulate, suppress and prohibit hawkers, 
peddlers, pawnbrokers, keepers of ordinaries, theatricals and other ex¬ 
hibitions, shows and amusements, and to revoke such license at pleas¬ 
ure. 

Forty-second—To license, tax and regulate hackmen, draymen, om¬ 
nibus drivers, carters, cabmen, porters, expressmen, and all others pur¬ 
suing like occupations, and to prescribe their compensation. 

Forty-third—To license, regulate, tax and restrain runners for 
stages, cars, public houses, or other things or persons. 

Forty-fourth—To license, regulate, tax or prohibit and suppress bil¬ 
liard, bagatelle, pigeon-hole or any other tables or implements kept or 
used for a similar purpose in any place of public resort, pin alleys and 
ball alleys. 

Forty-fifth—To suppress bawdy and disorderly houses, houses of ill- 
fame or assignation, within the limits of the city, and within three miles 
of the outer boundaries of the city; and also to suppress gaming and 
gambling houses, lotteries, and all fraudulent devices and practices, for 
the purpose of gaining or obtaining money or property; and to pro¬ 
hibit the sale or exhibition of obscene or immoral publications, prints, 
pictures, or illustrations. 

Forty-sixth—To license, regulate and prohibit the selling or giving 
away of any intoxicating', malt, vinous, mixed or fermented liquor, the 
license not to extend beyond the municipal year in which it shall be 
granted, and to determine the amount to be paid for such license: Pro¬ 
vided, that the city council in cities, or president and board of trustees 
in villages, may grant permits to druggists for the sale of liquors for 
medicinal, mechanical, sacramental and chemical purposes only, sub¬ 
ject to forfeiture, and under such restrictions and regulations as may 
be provided by ordinance : Provided, further, that in granting licenses 
such corporate authorities shall comply with whatever general law of 
the State may be in force relative to the granting of licenses. 


512 


STATUTORY PROVISIONS. 


Forty-seventh—The foregoing shall not be construed to affect the 
provisions of the charter of any literary institution heretofore granted. 

Forty-eighth-—And the city council in cities, and president and board 
of trustees in villages, shall also have the power to forbid and punish 
the selling or giving away of any intoxicating, malt, vinous, mixed or 
fermented liquor to any minor, apprentice or servant or insane, idiotic 
or distracted person, habitual drunkard or person intoxicated. 

Forty-ninth—To establish markets and market-houses, and provide 
for the regulation and use thereof. 

Fiftieth—To regulate the sale of meats, poultry, fish, butter, cheese, 
lard, vegetables, and all other provisions, and to provide for place and 
manner of selling the same. 

Fifty-first—To prevent and punish forestalling and regrating. 

Fifty-second—To regulate the sale of bread in the city or village; pre¬ 
scribe the weight and quality of the bread in the loaf. 

Fifty-third—To provide for and regulate the inspection of meats, 
poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, 
meal and other provisions. 

Fifty-fourth—To regulate the inspection, weighing and measuring 
of brick, lumber, fire-wood, coal, hay and any article of merchandise. 

Fifty-fifth—To provide for the inspection and sealing of weights and 
measures. 

Fifty-sixth—To enforce the keeping and use of proper weights and 
measures by vendors. 

Fifty-seventh—To regulate the construction, repairs and use of 
vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 

Fifty-eighth—To regulate places of amusement. 

Fifty-ninth—To prevent intoxication, fighting, quarreling, dog 
fights, cock fights, and all disorderly conduct. 

Sixtieth—To regulate partition fences and party walls. 

Sixty-first—To prescribe the thickness, strength, and manner of con¬ 
structing stone, brick and other buildings, and construction of fire es¬ 
capes therein. 

Sixty-second—The city council, and the president and trustees in 
villages, for the purpose of guarding against the calamities of fire, shall 
have power to prescribe the limits within which wooden buildings 
shall not be erected or placed, or repaired, without permission, and to 
direct that all and any buildings, within the fire limits, when the same 
shall have been damaged by fire, decay or otherwise, to the extent of 
fifty per cent, of the value, shall be torn down or removed, and to pre¬ 
scribe the manner of ascertaining such damage. 

Sixty-third—To prevent the dangerous construction and condition of 
chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and 
apparatus used in and about any building and manufactory, and to 
cause the same to be removed or placed in a safe condition when con¬ 
sidered dangerous; to regulate and prevent the carrying on of manu¬ 
factories dangerous in causing and promoting fires; to prevent the de- 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


513 


posit of ashes in unsafe paces, and to cause all such buildings and en¬ 
closures as may be in a dangerous state to be put in a safe condition. 

Sixty-fourth—To erect engine houses, and provide fire engines, hose 
carts, hooks and ladders, and other implements for prevention and ex¬ 
tinguishment of fires, and provide for the use and management of the 
same by voluntary fire companies or otherwise. 

Sixty-fifth—To regulate and prevent storage of gunpowder, tar, 
pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, 
petroleum, or any of the products thereof, and other combustible or ex¬ 
plosive material, and the use of lights in stables, shops and other places, 
and the building of bon-fires; also to regulate and restrain the use of 
fireworks, fire-crackers, torpedoes, Roman candles, sky-rockets and 
other pyrotechnic displays. 

Sixty-sixth—To regulate the police of the city or village, and pass 
and eniorce all necessary police ordinances. 

Sixty-seventh—To provide for the inspection of steam boilers. 

Sixty-eighth—To prescribe the duties and powers of a superintend¬ 
ent of police, policemen and watchmen. 

Sixty-ninth—To establish and erect calabooses, bridewells, houses of 
correction and workhouses for the reformation and confinement of va¬ 
grants, idle and disorderly persons, and persons convicted of violating 
any city or village ordinance, and make rules and regulations for the 
government of tne same, and appoint necessary keepers and assistants. 

Seventieth—To use the county jail for the confinement or punish¬ 
ment of offenders, subject to such conditions as are imposed by law, 
and with the consent of the county board. 

Seventy-first—To provide by ordinance in regard to the relation be¬ 
tween all the officers and employes of the corporation in respect to each 
other, the corporation and tfie people. 

Seventy-second—To prevent and suppress riots, routs, affrays, 
noises, disturbances, disorderly assemblies in any public or private 
place. 

Seventy-third—To prohibit and punish cruelty to animals. 

Seventy-fourth—To restrain and punish vagrants, mendicants and 
prostitutes. 

Seventy-fifth—To declare what shall be a nuisance, and to abate the 
same; and to impose fines upon parties who may create, continue or 
suffer nuisances to exist. 

Seventy-sixth—To appoint a board of health, and prescribe its pow¬ 
ers and duties. 

Seventy-seventh—To erect and establish hospitals and medical dis¬ 
pensaries, and control and regulate the same. 

Seventy-eighth—To do all acts, make all regulations which may be 
necessary or expedient for the promotion of health or the suppression 
of disease. 

Seventy-ninth—To establish and regulate cemeteries within or with¬ 
out the corporation, and acquire lands therefor, by purchase or other- 


33 


514 


STATUTORY PROVISIONS. 


wise, and cause cemeteries to be removed, and prohibit their establish¬ 
ment within one mile of the corporation. 

Eightieth—To regulate, restrain and prohibit the running at large of 
horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax 
on dogs. 

Eighty-first—To direct the location and regulate the management 
and construction of packing houses, renderies, tallow chandleries, bone 
factories, soap factories and tanneries, within the limits of the city or 
village, and within the distance of one mile without the city or village 
limits. 

Eighty-second—To direct the location and regulate the use and con¬ 
struction of breweries, distilleries, livery stables, blacksmith shops and 
foundries within the limits of the city or village. 

Eighty-third—To prohibit any offensive or unwholesome business or 
establishment within or within one mile of the limits of the corporation. 

Eighty-fourth—To compel the owner of any grocery, cellar, soap or 
tallow chandlery, tannery, stable, pig-sty, privy, sewer or other un¬ 
wholesome or nauseous house or place, to cleanse, abate, or remove 
the same, and to regulate the location thereof. 

Eighty-fifth—The city council or trustees of a village, shall have 
power to provide for the taking of the city or village census; but no 
city or village census shall be taken by authority of the council or trus¬ 
tees oftener than once in three years. 

Eighty-six—To provide for the erection and care of all public build¬ 
ings necessary for the use of the city or village. 

Eighty-seven—To establish ferries, toll bridges, and license and 
regulate the same, and, from time to time, fix tolls thereon. 

Eighty-eight—To authorize the construction of mills, mill-races 
and feeders on, through or across the streets of the city or village, 
at such places and under such restrictions as they shall deem proper. 

Eighty-nine—The city council shall have power, by condemnation 
or otherwise, to extend any street, alley or highway over or across, 
or to construct any sewer under or through any railroad track, right 
of way, or land of any railroad company (within the corporate limits); 
but where no compensation is made to such railroad company the city 
shall restore such railroad track, right of way or land to its former 
state, or in a sufficient manner not to have impaired its usefulness. 

Ninetieth—The city council or board of trustees shall have no power 
to grant the use of or the right to lay down any railroad tracks in any 
street of the city to any steam, dummy, electric, cable, horse or other 
railroad company, whether the same shall be incorporated under any 
general or special law of the State, now or hereafter in force, except 
upon the petition of the owners of the land representing more than 
one half of the frontage of the street, or so much thereof as is sought 
to be used for railroad purposes, and when the street or part thereof 
sought to be used shall be more than one mile in extent, no petition of 
land owners shall be valid unless the same shall be signed by the own- 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


515 


ers of the land representing more than one half of the frontage 
of each mile and of the fraction of a mile if any in excess of the whole 
miles measuring from the initial point named in such petition, of such 
street or of the part thereof sought to be used for railroad purposes. 

Ninety-first—To tax, license and regulate auctioneers, distillers, 
brewers, lumber yards, livery stables, public scales, money changers 
and brokers. 

Ninety-second—To prevent and regulate the rolling of hoops, play¬ 
ing of ball, flying of kites, or any other amusement or practice having 
a tendency to annoy persons passing in the streets or on the sidewalks, 
or to frighten teams and horses. 

Ninety-third—To regulate and prohibit the keeping of any lumber 
yard, and the placing or piling or selling any lumber, timber, wood or 
other combustible material, within the fire limits of the city. 

Ninety-fourth—To provide by ordinance, that all the paper, print¬ 
ing, stationery, blanks, fuel, and all the supplies needed for the use of 
the city, shall be furnished by contract let to the lowest bidder. 

Ninety-fifth—To tax, license and regulate second-hand and junk 
stores, and to forbid their purchasing or receiving from minors, with¬ 
out the written consent of their parents or guardians, any article 
whatsoever. 

Ninety-sixth—To pass all ordinances, rules, and make all regula¬ 
tions, proper or necessary, to carry into effect the powers granted to 
cities or villages, with such fines or penalties as the city council or 
board of trustees shall deem proper: Provided, no fine or penalty shall 
exceed $200.00, and no imprisonment shall exceed six months for one 
offense. [As amended by act approved and in force March 30, 1887.] 


An Act to extend the powers of the city council in cities, and the president and 
board of trustees in villages and incorporated towns. [Approved June 16, 
1887. In force July 1, 1887.J 

2225a. Power to license, tax, etc., itinerant merchants, etc.] 

§ 1. Be it enacted by the people of the state of Illinois, represented in 

the General Assembly, That the city council in cities, and the president 
and board of trustees in villages and incorporated towns, shall have 
power to license, tax, regulate, suppress or prohibit itinerant mer¬ 
chants and transient venders of merchandise. 

(Act of 1872 resumed.) 

2226. Style of ordinances.] § 2. The style of the ordinances 

in cities shall be: “ Be it ordained by the City Council of....” 

2227. Publication of ordinances—when take effect.] § 3. All 
ordinances of cities and villages imposing any fine, penalty, imprison¬ 
ment or forfeiture, or making any appropriation, shall, within one 
month after they are passed, be published at least once in a newspaper 
published in the city or village, or, if no such newspaper is published 
therein, by posting copies of the same in three public places in the 
city or village j and no such ordinance shall take effect until ten days 
after it is so published. And all other ordinances, orders and resolu- 




516 


STATUTORY PROVISIONS. 


tions shall take effect from and after their passage, unless otherwise 
provided therein. 

2228. Proof of ordinances.] § 4. All ordinances, and the date of 
publication thereof, may be proven by the certificate of the clerk,under 
the seal of the corporation. And when printed in book or pamphlet 
form, and purporting to be published by authority of the board of 
trustees of the city council, the same need not be otherwise pub¬ 
lished; and such book or pamphlet shall be received as evidence of 
the passage and legal publication of such ordinances, as of the dates 
mentioned in such book or pamphlet, in all courts and places without 
further proof. 

2229. Suits for violating ordinances.] § 5. All actions brought to 
recover any fine, or to enforce any penalty, under any ordinance of 
any city or village, shall be brought in the corporate name of the city 
or village as plaintiff; and no prosecution, recovery or acquittal for 
the violation of any such ordinance, shall constitute a defense to any 
other prosecution of the same party for any other violation of any such 
ordinance, although the different causes of action existed at the same 
time, and, if united, would not have exceeded the jurisdiction of the 
court or magistrate. 

2230. Fines and licenses — paid to treasurer.] § 6. All 

fines and forfeitures for the violation of ordinances, when collected, 
and all moneys collected for licenses or otherwise, shall be paid into 
the treasury of the corporation, at such times and in such manner as 
may be prescribed by ordinance. 

2231. Summons — affidavit — punishment.] § 7. In all ac¬ 
tions for the violation of any ordinance, the first process shall be a 
summons: Provided, however, that a warrant for the arrest of the 
offender may issue in the first instance upon the affidavit of any person 
that any such ordinance has been violated, and that the person making 
the complaint has reasonable grounds to believe the party charged is 
guilty thereof; and any person arrested upon such warrant shall, with¬ 
out unnecessary delay, be taken before the proper officer to be tried for 
the alleged offense. Any person upon whom any fine or penalty shall 
be imposed, may, upon the order of the court or magistrate before 
whom the conviction is had, be committed to the county jail or the 
calaboose, city prison, workhouse, house of correction, or other place 
provided by the city or village for the incarceration of offenders, until 
such fine, penalty and cost shall be fully paid: Provided, that no such 
imprisonment shall exceed six months for any one offense. The city 
council or board of trustees shall have power to provide, by ordinance, 
that every person so committed shall be required to work for the 
corporation, at such labor as his or her strength will permit, within and 
without such prison, work-house, house of correction, or other place 
provided for the incarceration of such offenders, not exceeding ten 
hours each working day; and for such work the person so employed 
to be allowed, exclusive of his or her board, $2 for each day’s work on 
account of such fine and cost. 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 517 

2232. Jurisdiction of justices, etc.] § 8. Any and all justices 
of the peace and police magistrates shall have jurisdiction in all cases 
arising under the provisions of this act, or any ordinance passed in 
pursuance thereof. 

2233. Constable or sheriff may serve process, etc.] § 9. 

Any constable or sheriff of the county may serve any process, or make 
any arrests authorized to be made by any city officer. 

2234. Jurisdiction over waters—street labor.] § 10. The 
city or village government shall have jurisdiction upon all waters 
within or bordering upon the same, to the extent of three miles beyond 
the limits of the city or village, but not to exceed the limits of the state; 
and may, by ordinance, require every able-bodied male inhabitant of 
such city or village, above the age of twenty-one years and under the 
age of fifty years (excepting paupers, idiots, lunatics, and such others 
as are exempt by law), to labor on the streets and alleys of such city or 
village, not more than three days in each year, but such ordinance shall 
provide for commutation of such labor at not more than one dollar and 
fifty cents per day. [As amended by act approved April 10, 1875. In 
force July 1, 1875.] 


ARTICLE VI. 

OFFICERS—THEIR POWERS AND DUTIES. 

2235 . Officers.] §1. There shall be elected,in all cities organ¬ 
ized under this act, the following officers, viz.: a mayor, a city council, 
a city clerk, city attorney, and a city treasurer. 

2236 . Other officers—duties of city marshal.] § 2. The 
city council may, in its discretion, from time to time, by ordinance 
passed by a vote of two-thirds of all the aldermen elected, provide for 
the election by the legal voters of the city, or the appointment by the 
mayor, with the approval of the city council, of a city collector, a city 
marshal, a city superintendent of streets, a corporation counsel, a city 
comptroller, or any or either of them, and such other officers as may by 
said council be deemed necessary or expedient. The city council may, 
by a like vote, by ordinance or resolution, to take effect at the end of 
the then fiscal year, discontinue any office so created, and devolve 
the duties thereof on any other city officer; and no officer filling any 
such office so discontinued, shall have any claim against the city on ac¬ 
count of his salary, after such discontinuance. The city marshal shall 
perform such duties as shall be prescribed by the city council for the 
preservation of the public peace, and the observance and enforcement 
of the ordinances and laws; he shall possess the power and authority 
of a constable at common law, and under the statutes of this state. 

2237 . Appointments—vacancies—duties—powers.] § 3. All 
officers of any city, except where herein otherwise provided, shall be 
appointed by the mayor (and vacancies in all offices except the mayor 
and aldermen shall be filled by like appointment) by and with the ad- 


518 


STATUTORY PROVISIONS. 


vice and consent of the city council. The city council may, by ordi¬ 
nance not inconsistent with the provisions of this act, prescribe the 
duties and define the powers of all such officers, together with the 
term of any such office: Provided, the term shall not exceed two 
years. 

2238. Oath—bond.] §"4. All officers of any city or village, 
whether elected or appointed, shall, before entering upon the duties 
of their respective offices, take and subscribe the following oath or 
affirmation: 

I do solemnly swear (or affirm, as the case may be,) that I will support the 
constitution of the United States, and the constitution of the state of Illinois, 
and that I will faithfully discharge the duties of the office of.ac¬ 

cording to the best of my ability. 

Which oath or affirmation, so subscribed, shall be filed in the office 
of the clerk. And all such officers, except aldermen and trustees, shall, 
before entering upon the duties of their respective offices, execute 
a bond with security, to be approved by the city council or board of 
trustees, payable to the city or village, in such penal sum as may, 
by resolution or ordinance, be directed, conditioned for the faithful 
performance of the duties of the office and the payment of all moneys 
received by such officer, according to law and the ordinances of said 
city or village: Provided, however, that in no case shall the mayor’s 
bond be fixed at a less sum than three thousand dollars ($3,000); 
nor shall the treasurer’s bond be fixed at a less sum than the amount 
of the estimated tax and special assessments for the current year— 
which bonds shall be filed with the clerk (except the bond of the 
clerk, which shall be filed with the treasurer). 

2239. Commission—certificate—delivery to successors.] § 5 . 
All officers elected or appointed under this act (except the clerk, 
aldermen and mayor, and trustees) shall be commissioned by war¬ 
rant, under the corporate seal, signed by the clerk and the mayor 
or presiding officer of the city council or board of trustees. The 
mayor or president of the board of trustees shall issue a certificate 
of appointment or election, under the seal of the corporation, to the 
clerk thereof, and any person having been an officer of the city or 
village, shall within five days after notification and request, deliver 
to his successor in office all property, books and effects of every 
description in his possession, belonging to the city or village, or ap¬ 
pertaining to his said office; and upon his refusal to do so, shall be 
liable for all the damages caused thereby, and to such penalty as may 
by ordinance be prescribed. 

2240. Qualification of officers.] §6. No person shall be eligible 
to any office who is not a qualified elector of the city or village and 
who shall not have resided therein at least one year next preceding 
his election or appointment. Nor shall any person be eligible to any 
office who is a defaulter to the corporation: Provided, however, this 
shall not apply to the appointment or election of city engineer in in¬ 
corporated cities and villages: And provided, that the same shall 



GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 519 

not apply to appointment of attorneys in incorporated villages, if 
such appointee be not a defaulter to the corporation. [As amended 
by Act approved June 21, 1895. In force July 1, 1895]. 

2241. Not interested in contracts, etc.] § 7. No officer shall 
be directly or indirectly interested in any contract, work or business of 
the city, or the sale of any article, the expense, price or consideration 
of which is paid from the treasury, or by any assessment levied by any 
act or ordinance; nor in the purchase of any real estate or other prop¬ 
erty belonging to the torporation, or which shall be sold for taxes or 
assessments, or by virtue of legal process at the suit of said corporation. 

2242. Bribery—penalty.] § 8. Every persoffiwho shall promise 
offer or give, or cause, or aid, or abet in causing to be promised, offered 
or given, or furnish or agree to furnish, in whole or in part, to be prom¬ 
ised, offered or given to any member of the city council or board of 
trustees, or any officer of the corporation, after or before his election 
or appointment as such officer, any moneys, goods, right in action, or 
other property or anything of value, or any pecuniary advantage, pres¬ 
ent or prospective, with intent to influence his vote, opinion, judgment 
or action on any question, matter, cause or proceeding which may be 
then pending, or may by law be brought before him in his official ca¬ 
pacity, shall, upon conviction, be imprisoned in the penitentiary for a 
term not exceeding two years, or shall be fined not exceeding $5,000 
or both,in the discretion of the court. Every officer who shall accept any 
such gift or promise, or undertaking to make the same under any agree¬ 
ment or understanding that his vote, opinion, judgment or action shall 
be influenced thereby, or shall be given in any question, matter, cause 
or proceeding then pending, or which may by law be brought before 
him in his official capacity, shall, upon conviction, be disqualified from 
holding any public office, trust or appointment under the city or vil¬ 
lage, and shall forfeit his office, and shall be punished bv imprisonment 
in the penitentiary not exceeeding two years, or by a fine not exceed¬ 
ing $5,000, or both, in the discretion of the court. Every person 
offending against either of the provisions of this section shall be a 
competent witness against any other person offending in the same 
transaction, and may be compelled to appear and give evidence before 
any grand jury or in any court in the same manner as other persons; 
but the testimony so given shall not be used in any prosecution or pro¬ 
ceeding, civil or criminal, against the person so testifying. 

2243. Mayor, etc., not to hold other office.] § 9. No mayor, 
alderman, city clerk, or treasurer, shall hold any other office under the 
citv government during his term of office. 

2244. Duties of clerk.] § 10. The clerk shall keep the corporate 
seal, to be provided under the direction of the city council or board of 
trustees, and all papers belonging to the city or village; he shall at¬ 
tend all meetings of the city council or board of trustees, and keep a 
full record of its proceedings in the journal; and copies of all papers 
duly filed in his office, and transcripts from the journals and other rec- 


520 


STATUTORY PROVISIONS. 


ords and files of his office, certified by him under the corporate seal, 
shall be evidence in all courts in like manner as if the originals were 
produced. 

2245. Record of ordinances.] § n. The clerk shall record, in a 
book to be kept for that purpose, all ordinances passed by the city 
council or board of trustees, and at the foot of the record of each ordi¬ 
nance so recorded shall make a memorandum of the date of the pas¬ 
sage and of the publication or posting of such ordinance, which record 
and memorandum, or a certified copy thereof, shall be prima facie evi¬ 
dence of the passage and legal publication or posting of such ordi¬ 
nances for all purposes whatsoever. 

2246. Conservators of the'peace—powers of.] § 12. The trus¬ 
tees in villages, the mayor, aldermen, and the marshal and his deputies, 
policemen and watchmen in cities, if any such be appointed, shall be 
conservators of the peace, and all officers created conservators of the 
peace by this act, or authorized by any ordinance, shall have power to 
arrest or cause to be arrested, with or without process, all persons who 
shall break the peace, or be found violating any ordinance of the city 
or village, or any criminal law of the State, commit for examination 
and, if necessary, detain such persons in custody over night or Sunday 
in the watch house or any other safe place, or until they can be brought 
before the proper magistrate, and shall have and exercise such other 
powers as conservators of the peace as the citv council or board of 
trustees may prescribe. All warrants for the violation of ordinances, 
and all criminal warrants to whomsoever directed, may be served and 
executed within the corporate limits of any such city or village bv any 
policeman of such city or village; such policemen being hereby clothed 
with all the common law and statutory power of constables for such 
purposes. JjAs amended by act approved June 14, 1883. In force July 
1, 1883.] 

2447. Compensation of mayor. ] § 13. The mayor of any city 
shall receive such compensation as the city council may by ordinance 
direct, but his compensation shall not be changed during his term of 
office. 

2248. Compensation of aldermen and trustees.] § 14. The ald¬ 
ermen and trustees may receive such compensation for their services 
as shall be fixed by ordinance: Provided, however, such compensa¬ 
tion shall not exceed $3 to each alderman or trustee for each meeting 
of the city council, or board of trustees, actually attended by him, and 
no other compensation than for attendance upon such meetings shall 
be allowed to any alderman or trustee for any services whatsoever. 
Such compensation shall not be changed, after it has been once estab¬ 
lished, so as to take effect as to any alderman or trustee voting for 
such change during his term of office. 

2249. Compensation of other officers.] § 15. All other officers 
may receive a salary, fees or other compensation to be fixed by ordi¬ 
nance, and after the same has been once fixed, such fees or compensa- 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 521 

tion shall not be increased or diminished, to take effect during the term 
for which any such officer was elected or appointed; and every such 
officer shall make and return to the mayor, or president of the board 
ot trustees, a semi-annual report, verified by affidavit, of all such fees 
and emoluments received by him. 

2250. Administering oaths.] § 16. The mayor of any city, and 
the clerk of any city or village, shall have power to administer oaths 
and affirmations upon all lawful occasions. 


ARTICLE VII. 

OF FINANCE. 

\ 

2251. Fiscal year.] § I. The fiscal year of each city or village 
organized under this act shall commence at the date established by law 
for the annual election of municipal officers therein, or at such other 
times as may be fixed by ordinance. 

2252. Annual appropriation ordinance.] §2. The city council of 
cities, and board of trustees in villages, shall, within the first quarter 
of each fiscal year, pass an ordinance to be termed the annual appro¬ 
priation bill, in which such corporate authorities may appropriate such 
sum or sums of money as may be deemed necessary to defray all neces¬ 
sary expenses and liabilities of such corporation; and in such ordinance 
shall specify the objects and purposes for which such appropriations 
are made, and the amount appropriated for each object or purpose. No 
further appropriations shall be made at any other time within such fiscal 
year, unless the proposition to make each appropriation has been first 
sanctioned by a majority of the legal voters of such city or village, 
either by a petition signed by them, or at a general or special election 
duly called therefor. 

2253. Limitation—emergency—borrowing money.] § 3. Neither 
the city council nor the board of trustees, nor any department or officer 
of the corporation, shall add to the corporation expenditures in any 
one year anything over and above the amount provided for in the an¬ 
nual appropriation bill of that vear, except as is herein otherwise spe¬ 
cially provided; and no expenditure for an improvement to be paid for 
out of the general fund of the corporation shall exceed, in any one year, 
the amount provided for such improvement in the annual appropriation 
bill: Provided, however, that nothing herein contained shall prevent 
the city council or board of trustees from ordering, bv a two-thirds 
vote, any improvement, the necessity of which is caused by any casu¬ 
alty or accident happening after such annual appropriation is made. 
The city council or board of trustees may, by a like vote, order the 
mayor or president of the board of trustees and finance committee to 
borrow a sufficient amount to provide for the expense necessarv to be 
incurred in making any improvements, the necessity of which has arisen 
as is last above mentioned, for a space of time not exceeding the close 


522 


STATUTORY PROVISIONS. 


of the next fiscal year—which sum, and the interest, shall be added to 
the amount authorized to be raised in the next general tax levy, and 
embraced therein. Should any judgment be obtained against the cor¬ 
poration, the mayor, or president of the board of trustees and finance 
committee, under the sanction of the city council or board of trustees, 
may borrow a sufficient amount to pay the same, for a space of time 
not exceeding the close of the next fiscal year—which sum and interest 
shall, in like manner, be added to the amount authorized to be raised in 
the reneral tax levy of the next vear, and embraced therein. 

2254 . Contracting liabilities limited.] § 4. No contract shall 
be hereafter made by the city council or board of trustees, or any 
committee or member thereof; and no expense shall be incurred by 
any of the officers or departments of the corporation, whether the 
object of the expenditure shall have been ordered by the city council 
or board of trustees or not, unless an appropriation shall have been 
previously made concerning such expense, except as herein other¬ 
wise expressly provided. 

2255 . Duties of treasurer.] § 5. The treasurer shall receive all 
moneys belonging to the corporation, and shall keep his books and 
accounts in such manner as may be prescribed by ordinance, and 
such books and accounts shall alwavs be subject to the inspection 
of anv member of the city council or board of trustees. 

2256 . Separate accounts.] §6. He shalTkeep’a'separate account 
of each fund or appropriation, and the debts and credits belonging 
thereto. 

2257 . Receipts.] §7. He shall give every person paying money 
into the treasury a receipt therefor, specifying the date of payment, 
and upon what account paid; and he shall also file copies of such re¬ 
ceipts with the clerk, at the date of his monthly reports. 

2258 . Monthly statements—warrants—vouchers—register.] 
§ 8. The treasurer shall, at the end of each and every month, and 
oftener if required, render an account to the city council or board of 
trustees, or such officer as may be designated by ordinance (under 
oath), showing the state of the treasury at the date of such account, 
and the balance of money in the treasury. He shall also accompany 
such account with a statement of all moneys received into the treas¬ 
ury, and on what account, together with all warrants redeemed and 
paid by him; which said warrants, with any and all vouchers held by 
him, shall be delivered to the clerk, and filed with his said account 
in the clerk’s office, upon every day of such settlement. He shall 
return all warrants paid by him stamped or marked “paid.” He 
shall keep a register of all warrants redeemed and paid, which shall 
describe such warrants, and show the date, amount, number, the 
fund from which paid, the name of the person to whom and when 
paid. 

2259 . Deposit of funds—separate from his.] §9. The treasurer 
may be required to keep all moneys in his hands, belonging to the 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


523 


corporation, in such place or places of deposit as may be designated 
by ordinance: Provided, however, no such ordinance shall be passed 
bv which the custody of such money shall be taken from the treas¬ 
urer and deposited elsewhere than in some regularly organized bank, 
nor without a bond to be taken from such bank, in such penal sum 
and with such security as the city council or board of trustees shall 
direct and approve, sufficient to save the corporation from any loss; 
but such penal sum shall not be less than the estimated receipts for the 
current year from taxes and special assessments levied, or to be 
levied, by the corporation. The treasurer shall keep all moneys be¬ 
longing to the corporation in his hands separate and distinct from his 
own moneys, and he is hereby expressly prohibited from using, either 
directly or indirectly, the corporation money or warrants in his cus¬ 
tody and keeping, for his own use and benefit, or that of any other 
person or persons whomsoever; and any violation of this provision 
shall subject him to immediate removal from office by the city council 
or board of trustees, who are hereby authorized to declare said office 
vacant; and in which case his successor shall be appointed, who 
shall hold his office for the remainder of the term unexpired of such 
officer so removed. 

2260. Treasurer’s annual report—publication.] § 10. The 

treasurer shall report to the city council or board of trustees, as often 
as required, a full and detailed account of all receipts and expendi¬ 
tures of the corporation, as shown by his books, up to the time of 
said report; and he shall, annually, between the first and tenth of 
April, make out and file with the clerk a full and detailed account of 
all such receipts and expenditures, and of all his transactions, as 
such treasurer, during the preceding fiscal year, and shall show in 
such account the state of the treasury at the close of the fiscal year; 
which account the clerk shall immediately cause to be published 
in a newspaper printed in such city, if there be one, and if not, then by 
posting the same in a public place in the clerk’s office. 

2261. Warrants.] § ii. All warrants drawn upon the treasurer 
must be signed by the mayor and countersigned by the clerk, stating 
the particular fund or appropriation to which the same is chargeable, 
and the person to whom payable; and no money shall be otherwise 
paid than upon such warrants so drawn, except as hereinafter pro¬ 
vided. 

2262. Special assessment funds kept separate.] §12. All moneys 
received on any special assessment shall be held by the treasurer as 
a special fund, to be applied to the payment of the improvement for 
which the assessment was made, and said money shall be used for 
no other purpose whatever, unless to reimburse such corporation 
for money expended for such improvement. 

CITY COLLECTOR. 

2263. His duties.] §13. It shall be the duty of the collector, when 


524 


STATUTORY PROVISIONS. 


one is appointed, to preserve all warrants which are returned into his 
hands, and he shall keep such books and his accounts in such manner 
as the city council may prescribe. Such warrants, books, and all 
papers pertaining to his office, shall at all times be open to the in¬ 
spection of and subject to the examination of the mayor, city clerk, 
any member of the council, or committee thereof. He shall weekly, 
and oftener if required by the council, pay over to the treasurer all 
moneys collected by him from any source whatever, taking such 
treasurer’s receipt therefor, which receipt he shall immediately file 
with the city clerk; but the city clerk shall, at the time, or on demand, 
give such tax collector a copy of any such receipt so filed. 

2264. He shall report, etc.—publication.! § 14. He shall 
make a report, in writing, to the council, or any officer designated 
by the council, of all moneys collected by him, the account whereon 
collected, or of any other matter in connection with his office, when 
required by the council or by any ordinance of the city. He shall 
also, annually, between the first and tenth of April, file with the clerx 
a statement of all the moneys collected by him during the year, the 
particular warrant, special assessment or account on which collected, 
the balance of moneys uncollected on all warrants in his hands, and 
the balance remaining uncollected at the time of the return on all 
warrants which he shall have returned, during the preceding fiscal 
year, to the city clerk. The city clerk shall publish or post the same, as 
hereinbefore required to be done in regard to the annual report of the 
treasurer. 

2265. Not to detain money—penalty.! § 15 . The collector is 
hereby expressly prohibited from keeping the moneys of the city in 
his hands, or in the hands of any person or corporation, to his use, 
beyond the time which may be prescribed for the payment of the same 
to the treasurer, and any violation of this provision will subject 
him to immediate removal from office. 

2266. Examination of his books—paying over.! § 16 . All the 
city collector’s papers, books, warrants and vouchers may be ex¬ 
amined at any time by the mayor or clerk, or any member of the city 
council; and the collector shall every two weeks, or oftener if the 
city council so direct, pay over all money collected by him from any 
person or persons, or associations, to the treasurer, taking his re¬ 
ceipt therefor in duplicate, one of which receipts he shall at once file 
in the office of the clerk. 


CITY COMPTROLLER. 

2267. His powers and duties.! § 17 - The city comptroller (if 
there shall be any city comptroller appointed, if not, then the clerk) 
shall exercise a general supervision over all the officers of the cor¬ 
poration charged in any manner with the receipt, collection or 
disbursement of corporation revenues, and the collection and return 
01 all such revenues into the treasury. He shall have the charge, 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


525 


custody and control of all deeds, leases, warrants, vouchers, books 
and papers of any kind, the custody and control of which is not herein 
given to any other officers; and he shall, on or before the fifteenth day 
of May, in each year, and before the annual appropriations to be 
made by the city council or the board of trustees, submit to the city 
council or board of trustees a report of his estimates, as nearly as may 
be, of moneys necessary to defray the expenses of the corporation 
during the current fiscal year. He shall, in said report, class the 
different objects and branches of expenditures, giving, as nearly as 
may be, the amount required for each; and for the purpose of making 
such report, he is authorized to require of all officers their statement 
of the condition and expenses of their respective offices or depart¬ 
ments, with any proposed improvements and the probable expense 
thereof, all contracts made and unfinished, and the amount of any and 
all unexpended appropriations of the preceding year. He shall, in 
such report, show the aggregate income of the preceding fiscal year, 
from all sources, the amount of liabilities outstanding upon which 
interest is to be paid, the bonds and debts payable during the year, 
when due and when payable; and in such report he shall give such 
other information to the council or board of trustees as he may deem 
necessary, to the end that the city council or board of trustees may 
fully understand the money exigencies and demands upon the cor¬ 
poration for the current year. 

2268. Council may define the duties—transfer of clerk’s financial 
duties. J § ic 5 . When there shall be appointed in any city a comp¬ 
troller, the city council may, by ordinance or resolution, confer upon 
him such powers, and provide for the performance of such duties by 
him, as the city council shall deem necessary and proper; and all the 
provisions of this act relating to the duties of city clerk, or the powers 
of city clerk in connection with the finances, the treasurer and collector 
or the receipt and disbursements of the moneys of such city, shall be 
exercised and performed by such comptroller, if one there shall be ap¬ 
pointed; and to that end and purpose, wherever in this act heretofore 
the word “clerk” is used, it shall be held to mean “comptroller;” and 
wherever the “clerk’s office” is referred to, it shall be held to mean 
“comptroller’s office.” 

2269. Record of bonds issued by city.] £ § 19. The comptroller 
when there shall be a comptroller, and if not, then the clerk, shall keep 
in his office, in a book or books kept expressly for that purpose, a cor¬ 
rect list of all the outstanding bonds of the city, showing the number 
and amount of each, for and to whom the said bonds are issued; and 
when any city bonds are purchased, or paid, or canceled, said book or 
books shall show the fact; and in his annual report he shall describe, 
particularly, the bonds sold during the year, and the terms of sale, with 
each and every item of expense thereof. 


526 


STATUTORY PROVISIONS. 


GENERAL PROVISIONS. 

2270. Further duties may be required.] §20. The collector and 
treasurer, and all other officers connected with the receipt and expend¬ 
iture of money, shall perform such other duties, and be subject to such 
other rules and regulations as the city council or board of trustees may, 
from time to time, by ordinance, provide and establish. 

2271. Appeal to finance committee.] § 4 2i. In the adjustment 
of the accounts of the collector or treasurer with the clerk (or comp¬ 
troller if there shall be one), there shall be an appeal to the finance com¬ 
mittee of the council or board of trustees, whose decision in all matters 
of controversy arising between said officers shall be binding, unless the 
city council or board of trustees shall otherwise direct and provide. 

2272. Who may appoint subordinates.] § 22. The comptroller 
(it tnere shall be one), tne clerk, treasurer and collector, shall, severally, 
appoint such various clerks and subordinates in their respective offices 
as the city council or board of trustees may authorize, and shall be held, 
severally, responsible for the fidelity of all persons so appointed by 
them. 

2273. Foreign insurance companies—license, etc.—penalties.] 

§ 23. All corporations, companies or associations not incorporated 
under the laws of this state, engaged in any city in effecting fire in¬ 
surance, shall pay to the treasurer the sum of $2 upon the $100 of the 
net receipts by their agency in such city, and at that rate upon the 
amount of all premiums which, during the half year ending on every 
first day of July and January, shall have been received for any insur¬ 
ance effected or agreed to be effected in the city or village, by or with 
such corporations, companies or associations, respectively. Every per¬ 
son who shall act in any city or village as agent, or otherwise, for or on 
behalf of any such corporation, company or association, shall, on or be¬ 
fore the fifteenth day of July and January, in each year, render to the 
comptroller (if any there be, if not, to the clerk,) a full, true and just ac¬ 
count, verified by his oath, of all premiums which, during the half year 
ending on every first day of July and January preceding such report, 
shall have been received by him, or any other person for him, in behalf 
of any such corporation, company or association, and shall specify in 
said account the amounts received for fire insurance. Such agents shall 
also pay over to the treasurer, at the time of rendering the aforesaid ac¬ 
count, the amount of rates for which the company or companies repre¬ 
sented by them are severally chargeable by virtue hereof. If such ac¬ 
count be not rendered on or before the day hereinbefore designated for 
that purpose, or if the said rates shall remain unpaid after that day, it 
shall be unlawful for any corporation, company or association so in de¬ 
fault to transact any business of insurance in any such city or village, 
until the said requisitions shall have been fully complied with; but this 
provision shall not relieve any company from the payment of any risk 
that may be taken in violation hereof. Any person or persons violat¬ 
ing any of the provisions of this section shall be subject to indictment, 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 527 

and upon conviction thereof, in any court of competent jurisdiction, 
shall be fined in any sum not exceeding $1,000, or imprisoned not ex¬ 
ceeding six months, or both, in the discretion of the court. Said rates 
may also be recovered of such corporation, company or association, or 
its agent, by action in the name and for the use of any such city or 
village, as for money had and received for its use: Provided, that this 
section shall only apply to such cities and villages as have an organ¬ 
ized fire department, or maintain some organization for the prevention 
of fires. 


ARTICLE VIII. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

2274. Ordinance^ levying tax—limitation.J § i. The city 
council in cities and boards ot trustees in villages may levy and collect 
taxes for corporate purposes in the manner following: The city coun¬ 
cil or boards of trustees, as the case may be, shall annually, on or be¬ 
fore the third (3d) Tuesday in September in each year, ascertain the 
total amount of appropriations for all corporate purposes legally made 
and to be collected from the tax levy ot that fiscal year; and, by an 
ordinance, specifying in detail the purposes for which such appropria¬ 
tions are made, and the sum or amount appropriated for each purpose 
respectively, levy the amount so ascertained upon all the property sub¬ 
ject to taxation within the city or village, as the same is assessed and 
equalized for state and county purposes for the current year. A certi¬ 
fied copy of such ordinance shall be filed with the county clerk of the 
proper county, whose duty it shall be to ascertain the rate per cent 
which, upon the total valuation of all property subject to taxation with¬ 
in the city or village, as the same is assessed and equalized for State and 
county purposes, will produce a net amount not less than the amount 
sc directed to be levied, and it shall be the duty, of the county clerk to 
extend such tax in a separate column upon the book or books of the 
collector or collectors of State and county taxes, within such city or 
village. And where the corporate limits of any city or village shall lie 
partly in two or more counties the city council or board of trustees 
shall ascertain the total amount of all taxable property lying within the 
corporate limits of said city or village in each county, as the same is 
assessed and equalized for State and county purposes for the current 
year, and certify the amount of taxable property in each county within 
said city or village under the seal of said city or village, to the county 
clerk of the county where the seat of government of such city or village 
is situate, whose duty it shall be to ascertain the rate per cent, which, 
upon the total valuation of all property subject to taxation within the 
city or village, ascertained as aforesaid, will produce a net amount not 
less than the amount so directed to be levied, and said clerk shall as 
soon as said rate per cent, of taxation is ascertained, certify under his 
hand and seal of office to the county clerk of any other county wherein 


528 


STATUTORY PROVISIONS. 


a portion of said city or village is situate, such rate \ er cent, and it shall 
be the duty of such county clerk to whom such rate per cent, is certified 
to extend such tax in a separate column upon the book or books of the 
collector or collectors of the State and county taxes for such county 
against all property in his county within the limits of said city or vil¬ 
lage: Provided, the aggregate amount of taxes levied for any one 
year, exclusive of the amount levied for the payment of bonded indebt¬ 
edness or interest thereon, shall not exceed the rate of two (2) per cen¬ 
tum upon the aggregate valuation of all property within such city or 
village, subject to taxation therein, as the same was equalized for state 
and county taxes for the preceding year. [As amended by act ap¬ 
proved June 18, 1891. In force July 1, 1891.] 

2275. Manner of collecting.] § 2. The tax so assessed shall be 
collected and enforced in the same manner and by the same officers as 
state and county taxes, and shall be paid over by the officers collecting 
the same to the treasurer of the city or village. 

2276. Time of paying [over.] \ § 3. It shall be the duty of the 
officer collecting such tax to settle with and pay over to such treasurer, 
as often as once in two weeks from the time he shall commence the 
collection thereof, all such taxes as he shall then have collected, till the 
whole tax collected shall be paid over. 

2277. When tax levied for particular purpose.] [§ 4. Whenever 
any city or village is required to levy a tax for the payment of any par¬ 
ticular debt, appropriation or liability of the same, the tax for such pur¬ 
pose shall be included in the total amount assessed by the city council 
or board of trustees, and certified to the county clerk as aforesaid; but 
the city council or board of trustees shall determine, in the ordinance 
making such assessment, what proportion of such total amount shall be 
applicable to the payment of such particular debt, appropriation or lia¬ 
bility; and the city or village treasurer shall set apart such proportion 
of the tax collected and paid to him for the payment of such particular 
debt, appropriation or liability, and shall not disburse the same for any 
other purpose until such debt, appropriation or liability shall have been 
discharged. 

2278. Uniformity.] §5. All taxes levied or assessed by any city 
or village, except special assessments for local improvements, shall be 
uniform upon all taxable property and persons within the limits of the 
city, and no property shall be exempt therefrom other than such prop¬ 
erty as may be exempt from taxation under the constitution and gen¬ 
eral laws of the state. 


ARTICLE IX. 

« 

SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 

2279. Powers conferred.] § 1. That the corporate authorities of 
cities and villages are hereby vested with power to make local im¬ 
provements by special assessment or by special taxation, or both, of 


529 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 

contiguous property, or general taxation, or otherwise, as they shall by 
ordinance prescribe. 

2280. Ordinance for improvement.] § 2. When any such city or 
village shall, by ordinance, provide for the making of any local im¬ 
provement, it shall, by the same ordinance, prescribe whether the same 
shall be made by special assessment or by special taxation of contig¬ 
uous property, or general taxation, or both. 

2281. When property is taken, etc.] § 3. Should said ordinance 
provide for improvements which require the taking or damaging of 
property, the proceeding for making just compensation therefor shall 
be as follows: 

2282. - Petition.] § 4. Whenever any such ordinance shall be 
passed by the legislative authority of any such city or village, for the 
making of any improvement mentioned in the first section of this act, 
or any other local improvement that such city or village is authorized 
to make, the making of which will require that private property be taken 
or damaged for public use, such city or village shall file a petition in 
some court of record of the county in which such city is situated, in the 
name of the city, praying that “the just compensation to be made for 
private property to be taken or damaged for the improvement or pur¬ 
pose specified in such ordinance shall be ascertained by a jury.” 

2283. Form of petition.] § 5. Such petition shall contain a copy 
of the said ordinance, certified by the clerk, under the corporate seal; 
a reasonably accurate description of the lots, parcels of land and prop¬ 
erty which will be taken or damaged, and the names of the owners 
and occupants thereof, so far as known to the board or officer filing the 
petition, and where any known owners are non-residents of the state, 
stating the fact of such non-residence. 

2284. Summons—publication—notice.] §6. Upon the filing of 
the petition aforesaid, a summons, which may be made returnable upon 
any day in term time, shall be issued and served upon the persons made 
parties defendant, as in cases in chancery. And in case any of them 
are unknown, or reside out of this state, the clerk of the court, upon 
an affidavit being filed showing such fact, shall cause publication to be 
made in some newspaper printed in his county, or, if there be no news¬ 
paper published in his county, then in some newspaper published in this 
state containing notice of the pendency of such proceeding, the parties 
thereto, the title of the court, and the time and place of the return of 
the summons in the case, and the nature of said proceeding; such pub¬ 
lication to be made for four weeks consecutively, at least once in each 
week, the first of which shall be at least thirty days before the return 
day of such summons. Notices so given by publication shall be suffi¬ 
cient to authorize the court to hear and determine the suit, as though 
all parties had been sued by their proper names and had been person¬ 
ally served. [[As amended by act approved and in force March 
30,1874.] 

2285. Hearing—jury.] §7. Upon the return of said summons, 
34 


530 


STATUTORY PROVISIONS. 


or as soon thereafter as the business of the court will permit, the said 
court shall proceed to the hearing of such petition, and shall impanel a 
jury to ascertain the just compensation to be paid to all of such own¬ 
ers and occupants aforesaid; but if any defendant or party in interest 
shall demand, or the court shall deem it proper, separate juries may be 
impaneled as to the compensation or damages to be paid to any one or 
more of such defendants or parties in interest. [As amended by act 
approved and in force March 30, 1874.] 

2286. Jury to ascertain compensation—admitting* other parties.] 
§8 Such jury shall also ascertain the just compensation to be paid to 
any person claiming an interest in any lot, parcel of land or property 
w r hich may be taken or damaged by such improvement, whether or not 
such person’s name, or such lot, parcel of land, or other property, is 
mentioned or described in such petition: Provided, such person shall 
first be admitted as a party defendant to said suit by such court, and 
shall file a statement of his interest in and description of the lot, parcel 
01 land, or other property in respect to which he claims compensation. 

2287. Viewing premises—ownership, etc.] §9. The court may, 
upon the motion of such city or village, or of any person claiming any 
such compensation, direct that said jury (under the charge of an 
officer of the court) shall view the premises which it is claimed by any 
party to said proceeding will be taken or damaged by said improve¬ 
ment, and in any case, where there is no satisfactory evidence given to 
the jury as to the ownership of, or as to the extent of the interest of 
any defendant in the property to be taken or damaged, the jury may re¬ 
turn their verdict as to the compensation or damage to be paid for the 
property or part of property to be taken or damaged, and for the entire 
interests therein. [As amended by act approved and in force March 
30, 1874.J 

2288. Judgment—new parties—further proceedings.] § io. 

Upon the return of such verdict, the court shall order the same to be 
recorded, and shall enter such judgment or decree thereon as the na¬ 
ture of the case may require. The court shall continue or adjourn the 
cause, from time to time, as to all occupants and owners named in such 
petition who shall not have been served with process, or brought in by 
publication, and shall order a new summons to issue and new publica¬ 
tion to be made; and upon such occupants or owners being brought 
into court, shall impanel a jury to ascertain the compensation so to be 
paid to such defendant or defendants, for private property taken or 
damaged; and like proceeding shall be had for such purpose as here¬ 
inbefore provided for the ascertaining of compensation to other owners. 

2289. Powers of court.] § 11. The court shall have power, at 
any time, upon proof that any such owner or owners named in such 
petition, who has not been served with process, has ceased to be such 
owner or owners since the filing of such petition, to impanel a jury and 
ascertain the just compensation to be made for the property (or the 
damage thereto) which had been owned by the person or persons so 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 531 

i 

ceasing to own the same; and the court may, upon any finding or find¬ 
ings oi any jury or juries, or at any time during the course of such 
proceedings enter such order, rule, judgment or decree as the nature of 
the case may require. 

2290. Ownership—further powers of court.] § 12. No delay 
in making an assessment oi compensation shall be occasioned by any 
doubt or contest which may arise as to the ownership of the property, 
or any part thereof, or as to the interests of the respective owners or 
claimants, but in such case the court may impanel a jury and ascertain 
the entire compensation or damage that should be paid for the prop¬ 
erty, or part of property, and the entire interests of all parties therein, 
and may require adverse claimants to interplead so as to fully deter¬ 
mine their rights and interests in the compensation so ascertained. And 
the court may make such order as may be necessary in regard to the 
deposit or payment of such compensation. 

2291. Persons under disability.] §13. When it shall appear, from 
said petition or otherwise, at any time during the proceedings upon 
such petition, that any infant, or insane or distracted person is inter¬ 
ested in any property that is to be taken or damaged, the court shall 
appoint a guardian ad litem for such infant or insane or distracted 
person, to appear and defend for him, her or them; and the court shall 
make such order or decree as it shall deem proper to protect and secure 
the interest of such infant, or insane or distracted person, in such prop¬ 
erty, or the compensation which shall be awarded therefor. 

2292. Judgment—effect—appeal, etc.] § 14. Any final judg¬ 
ment or judgments rendered by said court, upon any finding or findings 
of any jury or juries, shall be a lawful and sufficient condemnation of 
the land or property to be taken upon the payment of the amount of 
such finding as hereinafter provided. It shall be final and conclusive 
as to the damages caused by such improvement, unless such judgment 
or judgments shall be appealed from; but no appeal or writ of error 
upon the same shall delay proceedings under said ordinance, if such 
city or village shall deposit, as directed by the court, the amount of the 
judgment and costs, and shall file a bond in the court in which such 
judgment was rendered, in a sum to be fixed and with security to be 
approved by the judge of said court, which shall secure the payment of 
any future compensation which may at any time be finally awarded to 
such party so appealing or suing out such writ of error, and his or her 
costs. 

2293. Order for possession.] § 15. The court, upon proof that 
said just compensation so found by the jury has been paid to the per¬ 
son entitled thereto, or has been deposited as directed by the court 
(and bond given, in case of any appeal or writ of error,) shall entei 
an order that the city or village shall have the right, at any time 
thereafter, to take possession of or damage the property, in respect 
to which such compensation shall have been so paid or deposited, 
as aforesaid. 

2294. When improvement made by general tax.] §16. When 


532 


STATUTORY PROVISIONS. 


the ordinance under which said improvement is ordered to be made 
shall provide that such improvement shall be made by general taxa¬ 
tion, the cost of such improvement shall be added to the general 
appropriation bill of such city or village, and shall be levied and col¬ 
lected with and as a part of the general taxes of such city or village. 

2295. Special taxation.] § 17 . When said ordinance under which 
said local improvement shall be ordered shall provide that such im¬ 
provement shall be made by special taxation of contiguous property, 
the same shall be levied, assessed and collected in the way provided 
in the section of this act providing for the mode of making, levying, 
assessing and collecting special assessments: Provided, that no 
special tax shall be levied or assessed upon any property to pay for 
any local improvement in an amount in excess of the special benefit 
which such property shall receive from such improvement. Such or¬ 
dinance shall not be deemed conclusive of such benefit, but the ques¬ 
tion of such benefit and of the amount of such special tax shall be 
subject to the review and determination of the county court, and be 
tried in the same manner as in proceedings by special assessments. 
[As amended by Act approved June 21, 1895. In force July 1, 1895.j 

SPECIAL ASSESSMENT. 

2296. How made.] § 18. When the ordinance under which 
said local improvement is ordered to be made shall provide that 
such improvement shall be wholly or in part made by special assess¬ 
ment, the proceedings for the making such special assessment shall 
be in accordance with the sections of this act [article] from 18 to 51, 
inclusive. 

2297. Ordinance — for sidewalks — owners’ rights.] § 19. 

Whenever such local improvements are to be made wholly or in 
part by special assessment, the said council in cities, or board of 
trustees in villages, shall pass an ordinance to that effect, specifying 
therein the nature, character, locality and description of such im¬ 
provement: Provided, that where the owners of a majority of the 
property in any block abutting on any street, alley, park or public 
place, shall petition the common council in cities, or board of trustees 
in villages for any local improvements, it shall be the duty of said 
council, or board of trustees to pass an ordinance for said improve¬ 
ment: Provided, that whenever any such ordinance shall provide 
only for the building or renewing of any sidewalk, the owner of any 
lot or piece of land fronting on such sidewalk shall be allowed fifteen 
days after the time at which such ordinance shall take effect in which 
to build or renew such sidewalk opposite his land, and thereby relieve 
the same from assessment; Provided, that the work so to be done 
shall in all respects conform to the requirements of such ordinance. 
[As amended by act approved June 1, 1889. In force July 1, 1889.] 

2298. Estimate of cost.] § 20. The city council or board of 
trustees shall appoint three of its members, or any other three com- 



GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


533 


petent persons, who shall make an estimate of the cost of the im¬ 
provement contemplated by such ordinance, including labor, ma¬ 
terials, and all other expenses attending the same, and the cost of 
making and levying the assessment, and shall report the same in 
writing to said council or board of trustees. 

2299. Order for proceedings in court.] § 21. On such report 
being made, and approved by the council or board of trustees, as 
the case may be, it may order a petition to be filed by such officer 
as it shall direct, in the county court of its county, for proceedings 
to assess the cost of such improvement in the manner provided in 
this act. 

2300. Petition to court.] § 22. The petition shall be in the 
name of the corporation, and shall recite the ordinance for the pro¬ 
posed improvement and the report of such commission, and shall 
pray that the cost of such improvement may be assessed in the man¬ 
ner prescribed by law. 

2301. Appointment of commissioners—oath.] §23. Upon the 
filing of such petition the court shall appoint three competent persons 
as commissioners, who shall take and subscribe an oath, in substance 
as follows, to-wit: 

State of Illinois. ) „„ 

.County. \ s 

We, the undersigned commissioners, appointed by the county court of 

..county, to assess the cost of.(here state in general terms 

the improvement), do solemnly swear (or affirm, as the case may be,) that we 
will a true and impartial assessment make of the cost of said improvement 

upon the city (or village) of., and the property benefited by such 

improvement, to the best of our ability, and according to law. 

2302. Duty of commissioners.] § 24. It shall be the duty of 
such commissioners to examine the locality where the improvement 
is proposed to be made, and the lots, blocks, tracts and parcels of land 
that will be specially benefited thereby, and to estimate what pro¬ 
portion of the total cost of such improvement will be of benefit to 
the public, and what proportion thereof will be of benefit to the 
property to be benefited, and apportion the same between the city or 
village and such property, so that each shall bear its relative equita¬ 
ble proportion; and having found said amounts, to apportion and 
assess the amount so found to be of benefit to the property upon the 
several lots, blocks, tracts and parcels of land in the proportion in 
which they will be severally benefited by such improvement: Pro¬ 
vided, that no lot, block, tract or parcel of land shall be assessed a 
greater amount than it will be actually benefited; And, provided 
further, that it shall not be necessary for said commissioners to ex¬ 
amine the locality except where the ordinance provides for the 
opening, widening or improvement of streets and alleys. [As amended 
by act approved and in force March 30, 1874.] 

§ 25 repealed by act approved April 25, 1873. 

2303. Assessment roll — return.] § 26. They shall also make 
or cause to be made an assessment roll, in which shall appear the 






534 


STATUTORY PROVISIONS. 


names of the owners, so far as known, a description of each lot, block, 
tract or parcel of land, and the amount assessed as special benefits 
thereto, and in which they shall set down as against the city or vil¬ 
lage the amount they shall have found as public benefit, and certify 
such assessment roll to the court by which they were appointed, at 
least ten days before the first day of the term at which a final hearing 
thereon shall be had. [As amended by act approved and in force 
March 30, 1874.] 

2304. Notice by mail—posting and publication.] § 27. It shall 

also be the duty of such commissioners to give notice of such assess¬ 
ment, and of the term of court at which a final hearing thereon will 
be had, in the following manner: 

First—They shall send by mail to each owner of premises assessed, 
whose name and place of residence is known to them, a notice sub¬ 
stantially in the following form: 

Mr.your (here give a short description of the premises) is as¬ 
sessed $.for public improvement. The assessment roll will be re¬ 
turned to the.term of the.court of.county. 

(Here give date.) ., Commissioners. 

Second—They shall cause at least ten days’ notice to be given, 
by posting notices in at least four public places in such city or village, 
two of which shall be in the neighborhood of such proposed improve¬ 
ment; and when a daily newspaper is published in such city or vil¬ 
lage, by publishing the same at least five successive days in such 
daily newspaper, or if no daily newspaper is published in such city 
or village, and a weekly newspaper is published therein, then at least 
once in each week for two successive weeks, in such weekly news¬ 
paper, or if no daily or weekly newspaper is published in such city 
or village, then at least once in each week for two successive weeks 
in a newspaper published in the county in which such city or village 
is situated. The notice may be substantially as follows: 


SPECIAL ASSESSMENT NOTICE. 


Notice is hereby given to all persons interested, that the city council (or 

. , . . . ^ as the case may be), of., having ordered that (here 

insert a brie^ description of the nature of the improvement), the ordinance for 

the same being on file in the office of the.clerk, have applied to 

the . court of.county for an assessment of the cost of said im¬ 

provements, according to benefits; and an assessment thereof having been 
made and returned to said court, the final hearing thereon will be had at 

the.term of said court, commencing on the.day of. 

A D. 18... All persons desiring, may then and there appear and make their 

^ x .. Commissioners. 

(Here give date.) 


As amended by act approved June 26, 1885. In force July 1, 188? 1 
2305. Proof of notice.] § 28. On or before the final hearing, 
the affidavit of one or more of the commissioners shall be filed in 
said court, stating that they have sent or caused to be sent by mail 
to the owners whose premises have been assessed, and whose name 
















GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


535 


and place of residence are known to them, the notice hereinbefore 
required to be sent by mail to owners of premises assessed. They shall 
also cause to be filed the affidavit of the person who shall have posted 
the notices required by this act to be posted setting forth when and 
in what manner the same were posted. Such affidavits shall be re¬ 
ceived as prima facie evidence of a compliance with this act in re¬ 
gard to giving such notices. They shall also file a certificate of pub¬ 
lication of said notice in like manner as is required in other cases 
of publication of notices. [As amended by act approved April 25, 
187^. In force July 1, 1873.] 

2306. Continuance when notice not in time.] § 29. If ten 

days shall not have elapsed between the first publication or the putting 
up of such notices and the first day of the next term of such court, the 
hearing shall be continued until the next term of court. 

2307. Objections—judgment by default.] §30. Any person in¬ 
terested in any real estate to be affected by such assessment may ap¬ 
pear and file objections to such report, and the court may make such 
order in regard to the time of filing such objections as may be made in 
cases at law in regard to the time of filing pleas. As to all lots, blocks, 
tracts and parcels of land to the assessment of which objections are not 
filed within the time ordered by the court, default may be entered, and 
the assessment confirmed by the court. 

2308. Hearing—jury.] § 31. On the hearing, the report of the 
commissioners shall be competent evidence, and either party may intro¬ 
duce such other evidence as may tend to establish the right of the mat¬ 
ter. The hearing shall be conducted as in other cases at law, and if it 
shall appear that the premises of the objector are assessed more or less 
than they will be benefited, or more or less than their proportionate 
share of the cost of the improvement, the jury shall so find, and also 
find the amount for which such premises ought to be assessed, and 
judgment shall be rendered accordingly. 

2309. Precedence.] §32 The hearing in all cases arising under 
this act may be had at either a law or a probate term of said court, and 
shall have precedence over all cases in such court except criminal 
cases. (As amended by act approved and in force Tune 15, 1893.) 

2310. Court may modify, etc., the assessment.] §33. The 
court before which anv such proceeding may be pending, shall have 
authority, at anv time before final adjournment (judgment), to modifv, 
alter, change, annul or confirm any assessment returned, as aforesaid, 
or cause any such assessment to be recast by the same commissioners 
whenever it shall be necessary for the attainment of justice, or may ap¬ 
point other commissioners in the place of all or any of the commis¬ 
sioners first appointed, for the purpose of making such assessment, or 
modifying, altering, changing or recasting the same, and may take all 
such proceedings and make all such orders as may be necessary to make 
a true and just assessment of the cost of such improvement according 
to the principles of this act, and may from time to time, as may be 


536 


STATUTORY PROVISIONS. 


necessary, continue the application for that purpose as to the whole or 
any part of the premises. 

2311 . Judgment several—appeal, etc.—lien.] § 34- The judg¬ 
ment of the court shall have the effect of a several judgment as to each 
tract or parcel of land assessed, and any appeal from such judgment or 
writ of error shall not invalidate or delay the judgment, except as to the 
property concerning which the appeal or writ of error is taken. Such 
judgment shall be a lien upon the property assessed, from the date 
thereof until payment shall be made. 

2312 . Judgment certified to city clerk—filing—warrant.] §35. 

The clerk of the court in which such judgment is rendered shall certify 
the assessment roll and judgment to the officer of such city or village 
authorized to collect such special assessments, or if there has been an 
appeal or writ of error taken on any part of such judgment then he 
shall certify such part of the judgment as is not included in such ap¬ 
peal or writ of error, and such certificate shall be filed in his office by 
the officer receiving the same. With such assessment roll and judg¬ 
ment the clerk of such court shall also issue a warrant for the collection 
of such assessment. [As amended by act approved Tune 26, 1885. I11 

force July x, 1885.] 

2313 . Form of warrant.] § 36. The warrant in all cases of as¬ 
sessment under this act shall contain a copy of such certificate of the 
judgment, describing the lots, blocks, tracts or parcels of land assessed, 
and the respective amounts assessed on each lot, block, tract or parcel 
of land, and shall be delivered to the officer authorized to collect such 
special assessments. Such warrant shall give sufficient authority to 
collect the assessments therein specified. 

2314 . Collector’s notice—form of.] § 37. The collector receiv¬ 
ing such warrant shall immediately give notice thereof by publishing 
such notice in one or more newspapers in such city or village, if such 
newspaper is there; and if there is no such newspaper, then by posting 
four copies thereof in public places along the line of the proposed im¬ 
provements. Such notices may be, substantially, in the following 
form: 


SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. -. 

Public notice is hereby given that the (here insert title of court) has ren¬ 
dered judgment for a special assessment upon property benefited by the fol¬ 
lowing improvement (here insert the character and location of the improvement 
in general terms) as will more fully appear from the certified copy of the judg¬ 
ment on file in my office; that a warrant for the collection of such assess¬ 
ments is in the hands of the undersigned. All persons interested are hereby 
notified to call and pay the amounts assessed, at the collector’s office (here 
insert location of office), within thirty days from the date hereof. 

Dated this.day of.A. D. 18., Collector. 

[As amended by act approved June 26, 1885. In force July 1, 1885.] 

2315. Manner of collecting—entry of payment.] '§38. It shall 
be the duty of the collector into whose hands the warrant shall so come, 





GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


537 


as far as practicable, to call upon all persons resident within the cor¬ 
poration whose names appear on the assessment roll, or the occupants 
of the property assessed, and personally, or by written or printed notice 
left at his or her usual place of abode, inform them of such assessment, 
' and request payment of the same. Any such collector omitting so to 
do shall be liable to a penalty of $10 for every such omission, but the 
validity of the special assessment, or the right to apply for and obtain 
judgment for any such special [assessment], shall not be affected by 
such omission. It shall be the duty of such collector to write the word 
“paid” opposite each tract or lot on which the assessment is paid, to¬ 
gether with the name and post office address of the person making the 
payment, ana date of payment. 

2316, Report of delinquent list to county collector—evidence 
—defense.] § 39. It shall be the duty of the collector of special 
assessments, within such time as the city council or board of trustees 
may by ordinance provide, to make a report in writing—to the general 
officer of the county authorized, or to be designated by the general rev¬ 
enue law of this state, to apply for judgment and sell lands for taxes 
due the county and state—of all the lands, town lots and real property 
on which he shall have been unable to collect special assessments, with 
the amount of special assessments due and unpaid thereon, together 
with his warrant, or with a brief description of the nature of the warrant 
or warrants received by him authorizing the collection thereof; which 
report shall be accompanied with the oath of the collector that the list 
is a correct return and report of the lands, town lots and real property 

on which the special assessments levied by authority of the city of. 

(or village of.as the case may be,) remain due and unpaid; that 

he is unable to collect the same or any part thereof, and that he has 
given the notice required by law that said warrants had been received 
by him for collection. Said report, when so made, shall be prima facie 
evidence that all the forms and requirements of the law in relation to 
making said return have been complied with, and that the special as¬ 
sessments mentioned in said report are due and unpaid. And, upon 
the application for judgment upon such assessment, no defense or ob¬ 
jection shall be made or heard which might have been interposed in 
the proceeding for the making of such assessment, or the application 
for the confirmation thereof. 

2317. Application for judgment—what laws'govern.] §40. 
When said general office[r] shall receive the report provided for in the 
preceding section, he shall proceed to obtain judgment against said 
lots, parcels of land, and property, for said special assessments remain¬ 
ing due and unpaid, at the same time and in the same manner as is or 
may be by law provided for obtaining judgment against lands for taxes 
due and unpaid the county and state; and shall in the same manner 
proceed to sell the same for the said special assessments remaining due 
and unpaid. In obtaining said iudgment and making said sale, the 
said officershall be governed by the general revenue laws of this'State, 



STATUTORY PROVISIONS. 


k38 

except when otherwise provided herein. No application for judgment 
against lands for unpaid special assessments shall be made at a time 
different from the annual application for judgment against lands, upon 
which general taxes remain due and unpaid. The application for judg¬ 
ment upon delinquent special assessments in each year shall include, 
only such special assessments as shall have been returned as delinquent 
to the county collector, on or before the first day of April, in the year 
in which such application is made. [As amended by act approved June 
18. tR 8^. Tn force July I, 1883.] 

2318 . Return of sales—redemption.} §41* After making said 

sales, the list of lots, parcels of land and propertv sold thereat shall be 
returned to the office of the county clerk, and redemption may be made 
as provided for by the general revenue law of this state. 

2319 . Penalty when lands are sold for tax, etc.] § 42. If 
the collector shall receive any moneys for taxes or assessments, giving 
a receipt therefor for any land or parcel of land, and afterwards re¬ 
turn the same as unpaid to the state officers authorized to sell lands 
for taxes, or shall receive the same after making such return, and 
the same be sold for tax or assessment which has been so paid and 
receipted for by himself or his clerks, he and his bond shall be liable 
to the holder of the certificate given to the purchasers at the sale, 
for double the amount of the face of the certificate, to be demanded 
in two years from date of the sale, and recovered in any court having 
jurisdiction of the amount; and the city or village shall, in no case, 
be liable to the holder of such certificate. 

2320 . Paying over—compensation.! § 43. The collector or 

collectors, and the general officer aforesaid, to whom the said warrant 
shall be returned, shall pay over to the city or village treasurer to 
which it shall belong all moneys collected by them, respectively, upon 
or by virtue of such warrant, or upon any sale for taxes or other¬ 
wise, at such time or times, and in such manner as shall be prescribed 
by ordinance, and shall be allowed such compensation for their ser¬ 
vices in the collection of such assessment as the ordinances cf the city 
or village may provide, except when such compensation is fixed by 
general law. 

2321 . General revenue laws apply.] § 44. The general revenue 

laws of this state in reference to proceedings to recover judgments 
for delinquent taxes, the sale of property thereon, the execution of 
certificates of sale and deeds thereon, the force and effect of such sales 
and deeds, and all other laws in relation to the enforcement and col¬ 
lection of taxes and redemption from tax. sales, except as herein other¬ 
wise provided, shall be applicable to proceedings to collect such 
special assessment. 

2322 . City or village may buy in.l § 4?. Any city or village 

interested in the collection of any tax or special assessment, may be¬ 
come a purchaser at any sale of real or personal property to enforce 
the collection of the same, and may, by ordinance, authorize and make 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 539 

it the duty of one or more city or village officers to attend such sales, 
and bid thereat in behalf of the corporation. 

2323. When assessment set aside—new assessment.] §46. If 
any assessment shall be annulled by the city council or board of 
trustees, or set aside by any court, a new assessment may be made and 
returned, and like notice given and proceedings had, as herein re¬ 
quired in relation to the first; and all parties in interest shall have 
the like rights, and the city council or board of trustees and court 
shall perform like duties and have like power in relation to any sub¬ 
sequent assessment, as are hereby given in relation to the first as¬ 
sessment. 

2324. Supplemental assessments.] § 47. If, in any case, the 
first assessment prove insufficient, a second may be made in the same 
manner, as nearly as may be, and so on, until sufficient moneys shall 
have been realized to pay for such public improvement. If too large 
a sum shall, at any time, be raised, the excess shall be refunded rat¬ 
ably to those by whom it was paid. 

2325. New assessments against delinquents—lien—limitation.] 
§ 48. If, from any cause, any city or village shall fail to collect the 
whole or any portion of any special assessment which may be levied, 
which shall not be canceled and set aside by the order of any court, 
for any public improvement authorized to be made and paid for by 
special assessment, the city council or board of trustees may, at any 
time within five years after the confirmation of the original assess¬ 
ment, direct a new assessment to be made upon the delinquent prop¬ 
erty for the amount of such deficiency, and interest thereon from 
the date of such original assessment—which assessment shall be 
made, as near as may be, in the same manner as is herein prescribed 
for the first assessment. In all cases where partial payment shall 
have been made on such former assessment, they shall be credited or 
allowed on the new assessment to the property for which they were 
made, so that the assessment shall be equal and impartial in its re¬ 
sults. If such new assessment prove ineffectual, either in whole or 
in part, the city council or board of trustees may, at any time within 
said period of five years, order a third, and so on, to be levied in the 
same manner and for the same purpose; and it shall constitute no 
legal objection to such assessment that the property may have 
changed hands, or been encumbered, subsequent to the date of the 
original assessment, it being the true intent and meaning of this sec¬ 
tion to make the cost and expense of all public improvements, to be 
paid for by a special assessment, a charge upon the property assessed 
therefor, for the full period of five years, from the confirmation of 
the original assessment, and for such longer period as may be required 
to collect, in due course of law, any new assessment ordered within 
that period. 

2326. Contracts payable from assessments.] § 49. All 

persons taking any contracts with the city or village, and who agree 
to be paid from special assessments, shall have no claim or lien upon 


540 


STATUTORY PROVISIONS. 


the city or village in any event, except from the collections of the 
special assessments made for the work contracted for. 

2327. How contracts let—approval.] § 50. All contracts 
for the making of any public improvement, to be paid for in whole 
or in part by a special assessment, and any work or other public 
improvement, when the expense thereof shall exceed $500, shall be let 
to the lowest responsible bidder, in the manner to be prescribed by 
ordinance—such contracts to be approved by the mayor or president 
of the board of trustees: Provided, however, any such contract may 
be entered into by the proper officer without advertising for bids, and 
without such approval, by a vote of two-thirds of all the aldermen or 
trustees elected. 

2328. Lien.] § 51. All special assessments levied by any 
city or village under this act, shall, from the date of assessment, be a 
lien upon the real estate upon which the same may be imposed, and 
such lien shall continue until such special assessments are paid. And 
the same proceedings may be resorted to by the collector, upon any 
warrant or order issued or made for the collection of special assess¬ 
ments, as in the case of the collection of state and county taxes under 
the general laws of the state. 

2329. Collection by suit.] § 52. At any time after the 
same becomes due, it shall and may be lawful for any collector 
thereof to commence suit in any court of record, in the corporate 
name of such city or village, against any person or persons, for the 
total amount of special assessments which such person or persons 
are liable for the payment of. Such suit shall be commenced by 
petition, and shall state the several amounts of the special assess¬ 
ments sought to be recovered, and give a general description of 
the warrant or warrants issued for the collection thereof. Upon the 
filing of the petition a summons shall be issued, served and returned 
as in other suits in such court. Upon the return of such summons, 
duly served, the court shall forthwith proceed to the hearing of said 
petition without formal pleadings, and may render judgment for all 
or any part of the special assessments, as the right and justice of 
the case may require. The original, or a certified copy (by the clerk, 
under the corporate seal) of such warrant or warrants and list or 
lists, or so much thereof as refers to the special assessments sought 
to be recovered, shall be prima facie evidence of the right of said 
collector to a judgment in favor of such corporation. Execution 
shall issue on such judgment as in other cases, but such execution may 
be first levied upon and collected from any personal property of the 
defendant, or the court, in which such proceedings were had, may, 
upon complaint of the city or village, issue a scire facias acainst the 
Person or persons liable for such pavment, to show cause why execu¬ 
tion should not issue against him or them for the amount' of such 
assessment; and if, upon the return of such scire facias, good cause 
is not shown why execution should riot issue, the court may award 



GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 54l 

execution against such person or persons in the usual form of execu¬ 
tion upon judgments at law. 

2330. Supplemental petition to assess damages in con¬ 
demnation case—penning cause—payment ot'.j § 53. vVnen- 
evcr any city or village shall appiy to any court tor the pur¬ 
pose of making just compensation ior property taken or damaged 
uy such proceedings as are authorized by this act, such city or village 
may hie 111 the same proceedings a supplemental petition, praying tue 
court to cause that an assessment be made lor the purpose ol raising 
the amount necessary to pay the compensation and damages whicn 
may be or shall have Deen awarded tor me property taken or damaged 
witn the costs of the proceeding. The said court shall have power, at 
any time after such supplemental petition snail have been hied, to 
appoint three commissioners to make such assessment and to ascer¬ 
tain, as near as may be, the costs incurred to the time of such 
appointment, and the probable further costs of the proceedings, in¬ 
cluding therein the estimated costs of making and collecting such 
assessment, and shall direct such cost to be included by such com¬ 
missioners in making said assessment. Like proceedings in making 
said assessment shall be had, and the assessment shall be made, col¬ 
lected and enforced in the same manner, as near as may be, as is 
provided in this article in other cases: Provided, however, in all 
proceedings heretofore commenced, where the property has not been 
fully paid for, or that shall hereafter be commenced, said city or 
village shall take and pay for the lands sought to be taken or damaged 
within two years of the entry of judgment in such condemnation 
proceedings. And after the expiration of such time the court in 
which the proceedings may have been had, upon a motion of any 
person interested in the lands, may enquire in a summary manner 
whether the lands in which such person is interested have been taken 
or damaged and paid for; and if the court finds that such lands have 
not been taken or damaged and not been paid for, it shall enter an 
order requiring the city or village to pay for such lands within a 
short day, to be fixed by the court; and in default thereof shall 
dismiss such proceedings as far as they relate to lands of such per¬ 
son. If, however, the court finds that such city or village has taken 
possession of the land and has not paid therefor, it shall enter an 
order requiring such city or village to pay the amount of the con¬ 
demnation judgment, with interest from the time of such taking, 
within a short day to be fixed by the court; and in default thereof, to 
dismiss the proceedings and enter a several judgment in favor of 
such land owners for interest from the day of such taking, and direct 
the issue of a writ of possession in favor of the several owners or 
their legal representatives or grantees respectively. And such dis¬ 
missal as aforesaid shall operate as a bar to further proceedings under 
such ordinance against the land affected by such dismissal. And 
every such cause shall be considered as pending in the court in which 
the same has been, or shall be commenced, until all the lands sought 


542 


STATUTORY PROVISIONS. 


to be taken are paid for or until the proceedings are dismissed where 
the lands have not been taken. [As amended by act approved June 
18, 1891. In force July 1, 1891.] 

2331. Adoption of this article.] § 54 - Any city or in¬ 
corporated town or village may, if it shall so determine by ordinance, 
adopt the provisions of this article without adopting the whole of 
this act; and where it shall have so adopted this article, it shall have 
the right 10 take all proceedings in this article provided for, and have 
the benefit of all the provisions hereof. 

2332. May be divided into installments — payment of 
interest.] § 55. That the amount ot any special assessment 
lor any local improvement in any city, incorporated town or village, 
may be divided into installments, when so provided for by the ordi¬ 
nance providing for the said improvement, the first of which shall not 
exceed the sum of twenty-five per cent, of the total of said assessment, 
and which shall be due and payable from and after confirmation of said 
assessment. The remaining portion of said assessment, after deduct¬ 
ing the said first installment, shall be divided into four equal annual 
installments, which said installments shall be payable annually there¬ 
after, and collected in the same manner that other assessments are 
now collected and the annual interest herein provided for on all of 
said installments which may at any time remain unpaid, shall also be 
payable annually thereafter and collected in the same manner that 
other assessments are now collected. Each of said four last named 
installments shall bear interest at the rate of six per cent, per annum, 
payable in each year, from and after the first day of July next suc- 

, ceeding the confirmation of said assessment, when sucli confirmation 
shall be had between the first day of November and the first day of 
March; and when such confirmation is had between the first day 
of March and the first day of July, then each of the said four last 
named installments shall bear interest at the r^te of six per cent, per 
annum in each year, from and after the first day of October next 
succeeding such confirmation of assessment; and when such confirma¬ 
tion is had between the first day of July and the first day of November, 
then each of said four last named installments shall bear interest at 
the rate of six per cent, per annum, from and after the first day of 
January next succeeding such confirmation of assessment. Such in¬ 
terest shall be payable in each year at the time when the installments 
are payable: Provided, that in cities containing a population of fifty 
thousand or more this and the following sections shall not apply 
except in cases where any such special assessments shall exceed in 
the aggregate the sum of fifteen thousand dollars. [Added by act 
approved and in force April 29, 1887. As amended by act approved 
June 15, 1891. In force July 1, 1891.] 

2333. May be paid before maturity—interest.] § 56. That 
any installment or installments which may be assessed against 
any tract, lot, block or piece of land may be paid at any time before 
maturity, in which case interest shall be charged only to the time of 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 543 

payment, and upon such payment the property for which said pay¬ 
ment is made shall be discharged from the lien to the extent of such 
payment. [Added by act approved and in force April 29, 1887.] 

2334 . When by installment — ordinance.] § 57. When¬ 
ever any city, incorporated town or village desires to make the col¬ 
lection of any special assessment, as aforesaid, by installments under 
the provision of this act, the ordinance providing for said improvement 
shall also state that the same shall be collected by installments, and 
fix the amount of the first installment. [Added by act approved and 
in force April 29, 1887.] 

2335 . Assessment roll—what to contain.] § 58. Upon the 
. assessment roll to be returned by the commissioners shall be desig¬ 
nated, in appropriate columns, first the amount of each installment, 
second the total amount of the assessment, which said items shall be 
carried out and set opposite each tract, lot or piece of property so as¬ 
sessed. [Added by act approved and in force April 29, 1887.] 

2336 . Notice—what to contain.] § 59. The notice to be 
given by the collector as now provided for by law when the assessment 
is under the provisions of this act, in addition to what is now required 
shall contain the amount of each installment, the rate of interest de¬ 
ferred installments bear, the date of payment and that the whole of 
said assessment, or any installment thereof, may be paid at any time at 
the option of the owner or owners of said lot, block, piece or tract. 
[Added by act approved and in force April 29, 1887.] 

2337 . Order of confirmation.] § 60. The order of confirma¬ 
tion that shall be entered upon the return of any such assessment roll 
shall apply to all of the installments thereof, and may be entered in one 
order. [Added by act approved and in force April 29, 1887.] 

2338 . Warrant for collection.] § 61. The warrant for the col¬ 
lection of any such special assessment to be made hereunder shall con¬ 
tain a copy of such certificate of the judgment, describing the lots, 
blocks, tracts or parcels of lands assessed and the respective amounts 
assessed upon each lot, tract, piece or parcel of land, and the year 
in which each installment is payable. [Added by act approved and in 
force April 29, 1887.] 

2339 . Proceedings for judgment.] § 62. Proceedings for 
judgment and sale against lots, tracts, pieces and parcels of land for 
which the assessments has not been paid shall be had in the same 
manner as now provided upon each installment in the respective years 
in which they become due and payable, and the laws now in force in so 
far as they are applicable shall apply. [Added by act approved and in 
force April 29, 1887.] 

2340 . Payment for improvement done — voucher.] § 63. 

Payment for any improvement done or performed under the pro¬ 
visions of this act shall be made in the following manner: From the 
amount of the first payment when it shall be collected shall first be 
paid all the costs of making the said assessment, including court costs. 


* 


544 STATUTORY PROVISIONS. 

The remainder of said payment shall then be paid to the person or per¬ 
sons entitled thereto on the contract for said work. The amount re¬ 
maining due upon the contract for said improvement shall then be 
divided into four equal parts, and the authorities of any city, incorpo¬ 
rated town or village shall issue a voucher to the person or persons 
entitled thereto for each part, payable in the same order and manner 
that the installments are payable, and said vouchers shall bear the same 
rate of interest per annum that the said installments bear, which interest 
shall be paid on the first day of July, October or January, annually after 
their date, according to the date of the confirmation of the respective 
assessments, to the person holding such voucher. 

Said vouchers shall be made payable to the order of the person or 
persons entitled thereto, and state the improvement and the installment 
for which they are issued. 

They shall also contain the following: 

In consideration of the issuing of this voucher, I hereby for. 

.sel.heirs, executors, administrators and assigns, accept the same 

in full payment of the amount herein stated, and relinquish any and all claims 

or liens I have against the (city, incorporated town or village) of. for 

the work mentioned herein, or for the payment of this voucher, except from the 
collection of the installment herein named. 

L . -I JI i I . 

(Signature of person receiving the same.) 

[Added by act approved and in force April 29, 1887. As amended by 
act approved June 15, 1891. In force July 1, 1891.] 

2341 . Person accepting ^vouchers.] § 64. Any person or 
persons accepting the vouchers, as provided herein, for work done 
or performed upon any local or public improvement shall have no 
claim or lien upon the city, incorporated town or village in any event 
for the payment of said vouchers or the interest, except from the col¬ 
lection of the installments for which said vouchers are issued, and 
provided, that this section shall apply to all holders of any of said 
vouchers, whether the original contractor or their assigns. [Added by 
act approved and in force April 29, 1887.] 

2342 . Surplus remaining—notice.] § 65. IfJ upon the pay¬ 
ment of the money and issuance of the vouchers, as provided for in 
the last section hereof, there shall be any surplus remaining of said 
special assessment over and above the payment aforesaid, it shall be 
the duty of the proper authorities of said city, incorporated town or 
village to at once cause the respective installments to be credited with 
their respective proportion of said surplus, and in case any person or 
persons have, before said credit has been entered, paid his assessment 
or any part thereof, without having received the benefit of said credit, 
the proper authorities shall at once cause notice of such over-payment 
to be sent by mail to the person by whom such over-payment was 
made, and upon proper proofs the same shall be repaid. [Added by 
act approved and in force April 29, 1887.] 

2343 . Special assessment — when city may advance to pay 
damages.] § 66. In case said special assessment shall be made for 


/ 







GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


545 


the purpose of paying the compensation awarded for the taking or 
damaging of private property for public use, payments may be made 
as provided herein, in the case of contracts let and the acceptance by 
the owner of any lot, piece or tract taken or damaged of the vouchers 
issued shall be deemed payment to said owner or owners of said com¬ 
pensation, and upon proof thereof, an order of possession may be en¬ 
tered, as is now provided: Provided, that after a special assessment 
has been confirmed to pay for property taken or damaged for public 
use, the city council in cities and the president and board of trustees 
in villages may appropriate and advance a sufficient amount to pay the 
compensation awarded, or so much of the same as shall not have been 
paid by acceptance of vouchers as herein provided: Provided, how¬ 
ever, that such appropriation and advancement shall in no way affect 
the collection of said assessment, but the same shall be collected in the 
same manner, as though said appropriation had not been made: And, 
provided, further, that when such assessment shall have been col¬ 
lected, that the same, together with the interest thereon, shall be paid 
into the general fund of said city, incorporated town or village in liqui¬ 
dation of the amount so advanced. [Added by act approved and in 
force April 29, 1887.] 

2344. When collected by installment.] § 67. In all cases 
where special assessments shall have been made, but not confirmed, it 
shall be lawful for any city, incorporated town or village, through its 
legislative body, to provide by ordinance that said assessment may be 
collected by installments, under the provisions of this act. [Added by 
act approved and in force April 29, 1887.] 

2345. Emergency.] “ § 68. It is hereby declared that an 
emergency exists, and therefore this act shall be in force from and after 
its passage.” [Added by act approved and in force April 29, 1887.] 

ARTICLE X. 

MISCELLANEOUS PROVISIONS—WATER. 

2346. Water—borrow money.] §1. The citycouncil or board 
of trustees shall have the power to provide for a supply of water by the 
boring and sinking of artesian wells, or by the construction and regula¬ 
tion of wells, pumps, cisterns, reservoirs or water works, and to borrow 
money therefor, and to authorize any person or private corporation to 
construct and maintain the same at such rates as may be fixed by ordi¬ 
nance, and for a period not exceeding thirty years; also to prevent the 
unnecessary waste of water; to prevent the pollution of the water, and 
injuries to such wells, pumps, cisterns, reservoirs or water works. 

2347. Acquiring property for water works—jurisdiction 
over.] § 2. for the purpose of establishing or supplying water 
works, any city or village may go beyond its territorial limits, and may 
take, hold and acquire property by purchase or otherwise; shall have 

35 


54G 


STATUTORY PROVISIONS. 


power to take and condemn all necessary lands or property therefor, 
in the manner provided for the taking or injuring private property for 
public uses; and the jurisdiction of the city or village to prevent or 
punish any pollution or injury to the stream or source of water, or to 
such water works, shall extend five miles beyond its corporate limits, 
or so far as such water works may extend. 

2348. Regulations — rates, taxation, etc.] § 3. The city 
council or board of trustees shall have power to make all needful rules 
and regulations concerning the use of water supplied by the water 
works of said city or village, and to do all acts and make such 
rules and regulations for the construction, completion, management or 
control of the water works, and for the levying and collecting of 
any water taxes, rates or assessments as the said city council or 
board of trustees may deem necessary and expedient; and such 
water taxes, rents, rates or assessments may be levied or assessed 
upon any lot or parcel of ground, having a building or buildings 
thereon, which shall abut or join any street, avenue or alley in such 
city or village through which the distributing pipes of such water 
works (if any) of said city or village are or may be laid, which can 
be conveniently supplied with water from said pipes: Provided, 
[whether] the water shall be used on such lot or parcel of ground or 
not; and the same, when so levied or assessed, shall become a con¬ 
tinuing lien or charge upon such lot or parcel of ground, building 
or buildings, situated thereon, and such lien or charge may be col¬ 
lected or enforced in such manner as the city council may, by ordi¬ 
nance prescribe. And the corporate authorities may levy a general 
tax for the. construction and maintenance of such water works, and 
appropriate money therefor. 

2349. Tax-payer may enforce rights in name of city, etc.] 

§4. A suit may be brought by any tax-payer, in the name and for 
the benefit of the city or village, against any person or corporation, 
to recover any money or property belonging to the city or village, or 
for any money which may been paid, expended, or released 
without authority of law: Provided, that such tax-payer shall file a 
bond for all costs, and be liable for all costs in case the city or vil¬ 
lage be cast in the suit, and judgment shall be rendered accordingly. 

2350. Maps — approval of.] § 5. The city council or board 
of trustees shall have power to provide, by ordinance, that any map, 
plat, or subdivision of any block, lot, sub-lot, or part thereof, or of 
any piece or parcel of land, shall be submitted to the city council or 
board of trustees, or to some officer to be designated by such council 
or board of trustees, for their or his approval; and in such cases no 
such map, plat or subdivision shall be entitled to record in the proper 
county, or have any validity until it shall have been so approved. 

2351. Inhabitants competent as jurors, etc.] § 6. No 
person shall be an incompetent judge, justice or juror, by reason 
of his being an inhabitant or freeholder in said city or village, in 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 547 

any action or proceeding in which said city or village may be a 
party in interest. 

2352 . Population — census.] § 7. Whenever in this act 

any provision thereof is based upon the number of inhabitants, [the 
number of inhabitants] of the city or village shall be determined by 
reference to the latest census taken by authority of the United States 
or this state, or of such city or village; and it shall be the duty of the 
secretary of state, upon the publication of any state or United States 
census, to certify to each city or village the number of inhabitants, as 
shown by such census. Any city or village may, by ordinance, pro¬ 
vide for the taking of a census of the population thereof, in order to 
determine the number of such population for any and all purposes of 
this act. And the several courts in this state shall take judicial notice 
of the population of any city or village, as the same may appear from 
the latest federal, state, city or village census so taken. 

2353 . Municipal year.] § 8. The term “municipal year” 
shall be construed to mean the period elapsing between the regular 
annual elections unless otherwise provided by ordinance. 

2354 . City or village need not give appeal bond.] § 9. 
When in any suit the city or village prays an appeal from the judg¬ 
ment of any court of this state to a higher court, it shall not be re¬ 
quired to furnish an appeal bond. 


ARTICLE XI. 

OF THE ORGANIZATION OF VILLAGES. 

2355 . By incorporated towns.] § 1. Any town in this 
State incorporated, either under any general law for the incorporation 
of towns and acts amendatory thereof, or under any special act for 
the incorporation of any town or village, or any town which may be 
organized out of territory which may be disconnected from any incor¬ 
porated town under the provisions of an act entitled “An act to 
provide for the division of incorporated towns,” may become organ¬ 
ized as a village under this act in the manner following: Whenever 
any thirty voters in such town shall petition the corporate authorities 
thereof to submit the question whether such town will become or¬ 
ganized as a village under this act, to the decision of the legal voters 
thereof, it shall be the duty of such corporate authorities to submit the 
same accordingly and to fix a time and place within such town for hold¬ 
ing such election and to appoint the judges to hold such election, and 
to give notice of the time, place and purpose of such election by caus¬ 
ing at least five notices thereof to be posted in public places in such 
town for at least fifteen days prior to holding such election. [As 
amended by act approved June 18, 1891. In force July 1, 1891.] 

2356 . Ballot.] § 2. Each qualified voter, resident within such 
town or proposed village, shall have the right to cast a ballot at such 


548 


STATUTORY PROVISIONS. 


election, with the words thereon, “For village organization under the 
general law,” or “Against village organization under the general law.” 

2357 . Returns—canvass—record.] §3. The judges of such 
election shall make returns thereof to the president and trustees of the 
town, as soon as practicable after such election is held; and it shall be 
the duty of the president and trustees to canvass such returns, and 
cause a statement of the result of such election to be entered upon the 
records of the town. 

2358 . Result — old officers continue until, etc.] § 4 * If a 

majority of the votes cast at such election are for village organization 
under the general law, such town shall, from thenceforth, be deemed 
to be duly incorporated as a village under this act; but the town officers 
then in office shall continue as like officers of such village until their 
successors shall be elected or appointed under the provisions of this 
act. 

2359 . New organization — how effected.] § 5. Whenever 

any area of contiguous territory, not exceeding two square miles, shall 
have resident thereon a population of at least three hundred inhab¬ 
itants, and which territory is not included within the limits of any in¬ 
corporated town, village or city, the same may become incorporated 
as a village, under this act, in the manner following: Any thirty legal 
voters resident within the limits of such proposed village may petition 
the county judge of the county in which they reside, to cause the 
question to be submitted to the legal voters of such proposed vil¬ 
lage, whether they will organize as a village under this act. And if 
the territory described in said petition shall be situated in more than 
one county, then the petition shall be addressed to the judge of the 
county court of the county where a greater part of such territory is 
situated. Such petition shall be addressed to the county judge, con¬ 
tain a definite description of the lands intended to be embraced in 
such village, the number of inhabitants resident therein, and the 
name of such proposed village. 

2360 . Petition—election — returns.] §6. Upon the filing 

such petition in the office of the county clerk, it shall be the duty of 
such judge to perform the same duties in reference to fixing the 
time and place of such election, giving notice appointing judges 
thereof, as is above required to be performed by the president and 
trustees in towns already incorporated. The returns of such election 
shall be made to the county judge, who snail call to his assistance any 
two justices of the peace, and canvass such returns, and cause 
a statement of the result of such election to be entered upon the 
records of the county court. The second section of this article shall 
be applicable to such election. 

2361 . Result — election of officers, etc.] § 7. If a -ma¬ 
jority of the votes cast at such election is for village organization 
under the general law, such proposed village, with the boundaries and 
name mentioned in the petition, shall, from thenceforth, be deemed 


GENERAL ACT FOR INCORPORATION OF CITIES, ETC. 


549 


an organized village under this act, and the county judge shall, there¬ 
upon, call, and fix the time and place of an election to elect village 
officers, and cause notice thereof to be posted or published, and per¬ 
form all other acts in reference to such election, in like manner, as 
nearly as may be, as he is required to perform in reference to the 
election of officers in newly organized cities. But the term of office 
of trustees elected at such election shall terminate as soon as their 
successors are elected and qualified, at the regular annual election. 

2362. Trustees — corporate name — powers.] § 8 . In each 
village organized under this act, there shall be elected by the 
qualified directors therein six trustees, who shall hold their office 
until their successors are elected and qualified. At the first election 
held hereafter there shall be elected the full number of trustees. At 
the first meeting of the board of trustees held after said first election, 
the trustees elected shall be divided by lot into two classes; those of 
the first class shall continue in office for one year, and those of the 
second for two years from the date of the annual election for that 
municipal year, and annually thereafter there shall be elected three 
trustees, who shall hold their office for the term of two years, and 
until their successors are elected and qualified. The trustees shall 
choose one of their own number president; and such village shall 
from the time of the first election held by it under said act be con¬ 
sidered in law and equity, a body corporate and politic, by the 

name and style of “The village of.,” and by such 

name and style may sue and be sued, contract and be contracted 
with, acquire and hold real and personal property necessary for cor¬ 
porate purposes, adopt a common seal and alter the same at pleas¬ 
ure, and possess all other powers as a corporation in this act conferred 
upon cities not exceeding five thousand inhabitants, except as herein 
otherwise expressly provided. And wherever the words “city council” 
or “mayor'’ occur in this act, the same shall be held to apply to 
the trustees and president of such village, so far as the same may 
be applicable. [As amended by act approved May 28, 1879. I n force 
July 1, 1879.] 

2363. Powers and duties of president and trustees.] § 9. 

The president of the board of trustees shall perform the duties and 
exercise the powers conferred upon the mayor of a city, and shall 
receive as compensation therefor a salary to be fixed by the board 
of trustees, which salary shall in no case exceed two thousand- dol¬ 
lars ($2,000) per annum; and the trustees shall perform the duties 
and exercise all the powers conferred upon aldermen in cities; and 
the president and board of trustees may exercise the same powers con¬ 
ferred upon the mayor and city council of cities, and pass ordinances 
in like manner. The president of the board of trustees may exercise 
the same veto powers, and with like effect, as the mayor of a city, 
and the board of trustees may pass ordinances over such veto in like 
manner as a city council. [As amended by act approved and in 
force May 22, 1889.] 


1 



550 


STATUTORY PROVISIONS. 


2364 . Style of ordinances.] § io. The style of ordi¬ 
nances passed in villages shall be as follows: “Be it ordained by the 

President and Board of Trustees of the Village of.(as the 

case may be). 

2365 . Appointment of officers—prescribe duties and fees.] 

§ ii. The president and board of trusteed may appoint a clerk pro 
tempore , and whenever necessary to fill vacancies; and may also ap¬ 
point a treasurer, one or more street commissioners, a village con¬ 
stable, and such other officers as may be necessary to' carry into 
effect the powers conferred upon villages, to prescribe their duties 
and fees, and require such officers to execute bonds as may be pre¬ 
scribed by ordinance. 

2366 . Powers of constable.] § 12. The village con¬ 
stable shall have the same powers to make arrests, execute process, 
and perform other official acts as other constables under the general 
laws of the state, together with such other powers as may be con¬ 
ferred on him by ordinance. 

2367 . Annual elections,] § 13. An annual election for 
three trustees, and a clerk of villages shall be held on the third Tues¬ 
day of April in each year: Provided, that in villages, the territorial 
limits of which coincide with the territorial limits of any township, 
an election for trustees, and a clerk of villages, shall be held at the 
same time, and at the same polling places as the annual township 
election, to-wit: on the first Tuesday of April in each year. Special 
elections may be held, under such regulations as may be provided by 
ordinance, to fill vacancies, and for other purposes. [As amended by 
act approved and in force March 11, 1881.] 

2368 . Suits — jurisdiction’ — fines, etc.] § 14. Suits and 
prosecutions for the violations of any village ordinance may be prose¬ 
cuted in the name of “The Village of .... ,” and justices of the 
peace and police magistrates shall have jurisdiction over such 
suits; and all fines and money so collected shall be paid into the 
village treasury. 

2369 . Police magistrates.] § 15. There may be a police 
magistrate elected at a regular annual election in each village, who 
shall give bonds, qualify, and have the same jurisdiction as other 
justices of the peace, and hold his office for four years, and until his 
successor is elected and qualified. 

2370 . No incorporation allowed under former laws.] § 16. 

After the taking effect of this act, no town or city shall become 
incorporated under any other general law then in force for the incor¬ 
poration of towns or cities. 

2371 . Changing from city to village.] § — . That it 

shall be the duty of the mayor and common council of any city, upon 
the petition of one-fourth of the legal voters thereof, and upon ten 
days’ previous notice of such application by the city clerk published 
in some newspaper printed in said city, or by posting such notices in 



ANIMALS RUNNING AT LARGE. 


551 


five of the most public places within said city, for said period in 
case no such newspaper is printed in said city, to fix the time and call 
an election to decide whether said city shall he organized into a 
village. That said election shall be governed by the provisions of 
sections fiffy (50), fifty-six (56) and fifty-seven (57) of said act, and 
tr e legal voters at said election shall vote for or against the organiza¬ 
tion of said city into a village, and the tickets shall be written or 
printed “For Village Organization ^’’ or “Against Village Organiza¬ 
tion," and if there shall be a majority of the votes cast at said elec¬ 
tion in favor of the organization of said city into a village, then said 
city shall be a village within the meaning of said act under its former 
name so changed, and shall succeed to all the rights and be liable for 
all the debts and legal liabilities of said city, and the mayor of said city 
shall, within ten days after said election, give notice of the time and 
place for the election of trustees as near as may be, as provided for 
under section one hundred and eighty-four (184) and one hundred and 
eighty-five (185) of said act, who shall hold their offices until the next 
regular election. Provided, that after one election shall have taken 
place, no other election for a like purpose until one year shall have 
elapsed. [This section added to the above act by amendment 
approved May 29, 1879. In force July I, 1879.] 


MISCELLANEOUS STATUTES RELATING TO MUNICIPAL 

GOVERNMENT. 

ANIMALS RUNNING AT LARGE. 

An Act in relation to domestic animals running at large within the State 
of Illinois. [Approved June 21, 1895. In force July 1, 1895. L. 
1895, P- 4 -] 

2372 . Unlawful to run at large.] §1. Beit enacted by the Peo¬ 
ple of the State of Illinois, represented in the General Assembly, That 
hereafter it shall be unlawful for any animal of the species of horse, 
ass, mule, cattle, sheep, goat, swine or geese to run at large in the 
State of Illinois. 

2373 . What deemed a running at large.] § 2. Whoever 
being the owner or having control of any domestic animal of the 
species mentioned in section 1 of this act shall suffer the same to 
run at large shall be fined not less than two dollars nor more than 
ten dollars for each offense, and for every day he shall permit the 
same to run at large after having once been convicted under this 
act. The herding of any such animals upon uninclosed lands with¬ 
out the consent of the owner or person having control of such lands 
shall be deemed a running at large under this act. 



552 


STATUTORY PROVISIONS. 


2374 . Pound—poundmaster—fees — duties of poundmaster.] 

§ 3. It shall be the duty of the commissioners of highways in 
townships in counties under township organizations, and the boards 
of county commissioners in counties not under township organiza¬ 
tion, as soon as this act takes effect, to select and prepare a suitable 
pound near the center of each township or voting district in coun¬ 
ties under township organization, and near the center of each voting 
precinct in counties not under township organization; appoint a 
poundmaster, and fix his fees and charges, which shall remain as 
fixed until the next annual election, at which time the same may be 
changed or amended by a majority vote of the electors present, who 
shall at the same time elect a poundmaster for the ensuing year. 
Said poundmaster shall hold his office for one year and until his 
successor is duly elected: Provided, however, That in case the 
person so elected shall fail to act, or a vacancy occurs through 
resignation, removal, death or any other cause whatever, the com¬ 
missioners of highways shall fill such vacancy by appointing a per¬ 
son to act as poundmaster until the next annual election. 

2375 . Poundmaster to enforce act — penalty.] § 4. It 
shall be the duty of the poundmaster to enforce the provisions of this 
act in his district; and for any failure so to do, he shall be liable 
to a fine of not less than three dollars nor more than twenty dollars. 

2376 . What counties or townships not affected by this act.] 
§ 5. Nothing in this act shall be construed to affect counties or 
townships which already have in force a law restraining the animals 
mentioned in this act from running at large. 

2377 . Repeal.] § 6. An act entitled “An act to revise the law 
in relation to permitting animals to run at large,” approved March 
30, 1874, in force July I, 1874, and an act entitled “An act to prevent 
male animals running at large and for their restraint,” approved 
March 8, 1872, in force July 1, 1872, and an act entitled “An act to 
prevent animals running at large within the corporate limits of incor¬ 
porated cities, villages and towns,” approved June 16, 1891, in force 
July 1, 1891, are hereby repealed. 

ANNEXING AND EXCLUDING TERRITORY. 

An Act to provide for annexing and excluding territory to and from cities, 
towns and villages, and to unite cities, towns and villages. [Approved 
April 10, 1872. In force July 1, 1872. L. 1871-2, p. 264.] 

2378 . Petition to be annexed—annexation.] §1. Be it en¬ 
acted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly. That on petition, in writing, signed by not less than 
three-fourths of the legal voters, and by the owners of not less than 
three-fourths (in value) of the property in any territory contiguous 
to any city or incorporated village or town, and not embraced within 
its limits, the city council or board of trustees of said city, village 
or town (as the case may be) may, by ordinance annex such terri- 


ANNEXING AND EXCLUDING TERRITORY. 


553 


tory to such city, village or town, upon filing a copy of such or¬ 
dinance with an accurate map of the territory annexed (duly certified 
by the mayor of the city or president of the board of trustees of 
the village or town), in the office of the recorder of deeds in the 
county where the annexed territory is situated, and having the same 
recorded therein: Provided, that no portion, less than the whole of 
an incorporated city, town or village, shall be annexed to another 
incorporated city, town or village, except in the mode provided in 
this act for the annexation of the whole of an incorporated city, town 
or village, to another city, town or village. 

2379 . Annexing one corporation to another.] § 2. Any in¬ 
corporated city, village or town may be annexed to another incorpo¬ 
rated city, village or town, by ordinance passed by a two-thirds vote 
of all the aldermen or trustees elect of each corporation 
desiring annexation: Provided, such annexation shall not affect 
or impair any rights or liabilities either in favor of or against such 
corporations; and suits founded upon such rights and liabilities may 
be commenced, and pending suits may be prosecuted and carried 
to final judgments and execution, the same as if such annexation had 
not taken place. In making such annexation, the corporations so 
uniting may, by ordinance, fix the terms of the annexation, which 
shall have the force and effect of a binding contract: Provided, 
however, that no such ordinance shall be of any binding force 
or effect until submitted to a vote of the legal voters of such city, 
town or village, at a general election thereof, and adopted by a ma¬ 
jority of all the voters voting thereon at such election, notice of which 
shall be given at the same time and in the same manner as required 
for the election of the officers of such city, town or village: And, 
provided, also, that the vote shall be by ballot, which shall be “for 
union ordinance,” or “against union ordinance/’ and shall be re¬ 
ceived, canvassed and returned the same as ballots for municipal 
officers of such city, town or village. 

2380 . Proceedings by corporation to annex territory.] § 3. 
When any incorporated city, village or town shall desire to annex 
any contiguous territory thereto and the same shall not have been 
petitioned for as provided in section one of this article, it shall be 
lawful for the city council or board of trustees of such city, village 
or town, by a two-thirds vote of all the aldermen or trustees elect, by 
ordinance or resolution, to authorize the mayor of such city or the 
president of the board of trustees of such village or town, to petition 
the circuit court of the county in which the territory desired to 
be annexed or a major part thereof is situated, praying such an¬ 
nexation to be made. The petition shall contain a copy of such 
ordinance or resolution, and an accurate map of the territory which it 
is desired to annex, showing all such subdivisions that shall have 
been made therein. Such petition shall be filed with the clerk of the 
court at least ten days before the first day of the term at which it 
is proposed to be heard: Provided, that nothing in this section 


554 


STATUTORY PROVISIONS. 


contained shall authorize said petition to be filed unless the terri¬ 
tory so sought to be annexed (except territory intervening be¬ 
tween a city and town, or two or more cities or towns, desiring 
to become united under this act,) shall contain an actual resident 
population of at least one hundred and fifteen inhabitants to each sec¬ 
tion or fractional part of a section so sought to be annexed which 
said fact shall be alleged in said petition and proved on the hearing 
thereof, the same as any other allegation in said petition. 

2381. Notice of proceedings.] § 4 - When it shall be de¬ 
termined to present such petition, the mayor or president of the board 
of trustees (as the case may be) shall cause notice of the time and place 
where and when the petition will be or has been filed, and at what term 
of court the hearing thereof will be had, and setting forth the bound¬ 
aries or a general description of the territory proposed to be annexed 
—to be given by publication at least once in each week, for two suc¬ 
cessive weeks, in some newspaper published in the county where the 
petition is filed or to be filed (or, if no newspaper is published in such 
county, then in the nearest newspaper published in this state), and 
by posting up notices at least fourteen days before such time of hear¬ 
ing, in at least three of the most public places in the territory proposed 
to be annexed, and a like number in the city, village or town to which 
it is desired to annex such territory. 

2382. Objections to annexation — trial.] § 5. The legal 
voters resident upon the territory thus proposed to be annexed, or any 
of them, or any owner of land therein, or any voter of such city, village 
or town, may appear at such hearing and show cause why such annex¬ 
ation should not be made; and the court, or a jury impaneled for that 
purpose (no member of the jury so impaneled shall be a resident of the 
corporation or territory to be annexed, nor of the town or towns in 
which said corporation or territory may be situated), shall hear all 
competent evidence that may be offered by either party; and the court 
may continue the hearing from time to time, for any cause, and make 
all proper orders in regard to the hearing, giving of notices and other 
disposition of the case. 

2383. Finding — costs, etc.] § 6 . If, upon the hearing, the 
court or the jury shall find that such territory ought to be annexed to 
such city, village or town, and can be so done without injustice to 
the inhabitants or persons interested, the court shall so order. If the 
court or jury shall find against the petitioners, the petition shall be 
dismissed at the cost of the petitioners; and no subsequent peti¬ 
tion shall be presented for the annexation of any of the territory em¬ 
braced in such petition, within one year from the time of entering such 
order: Provided, that new trials may be granted as in other jury cases. 

2384. Proceedings by owner to be annexed.] § 7. When 
not less than a majority in number of the legal voters or the owner 
or owners of any tract or tracts of land, contiguous to any incorporated 
city, village or town, shall, by petition in writing, signed by them, and 
filed in the circuit court of the county where such territory or a major 




ANNEXING AND EXCLUDING TERRITORY. 


555 


part thereof is situated, pray to be annexed to such city, village or 
town, the like proceedings may be had thereon, and with the like effect, 
as in case of a petition by a city, village or town: Provided, a copy of 
the notice required to be given shall be left with the mayor of such city, 
or president of such village or town, at least ten days before such 
petition is heard. 

2385 . Proceedings to disconnect.] § 8. Whenever a majority 
of the legal voters of any territory within any city, town or village, 
and being upon the border and within the boundary thereof, shall 
petition the circuit court of the county in which such city, town or vil¬ 
lage is situated, praying to be disconnected therefrom, such petition 
shall be filed with the clerk of the court at least ten days before the 
first day of the term at which it is proposed to be heard, and like pro¬ 
ceeding shall be had as is required by sections four, five and six of 
the act for the annexation of territory to such city, town or village: 
Provided, that the provisions of this section shall only apply to lands 
not laid out into city or town lots or blocks. 

2386 . Map and ordinance recorded.] § 9. When any terri¬ 
tory is annexed to any city, village or town, as provided in this act, it 
shall be the duty of the mayor of the city, or the president of the 
board of trustees of the village or town (as the case may be), to cause 
an accurate map of such added territory, together with the ordinance 
for the annexation, certified by such mayor, and if a decree or order 
of the court has been made therefor, a copy of the same, to be filed 
for record and recorded in the recorder’s office for the county in which 
such added territory is situated. If territory is disconnected or ex¬ 
cluded from any city, village or town, a copy of the ordinance or 
decree therefor shall be so filed for record and recorded. 

2387 . School districts.] § 10. All school districts, and other 
corporations incorporated for school purposes, under special acts of the 
legislature, desiring to annex or disannex territory, may proceed under 
the provisions of this act. 

2388 . Judicial notice.] § 11. All courts in this state shall take 
judicial notice of cities, towns and villages, and of the changes of their 
territory, made under the provisions of this act. 


An Act in relation to the disconnection of territory from cities and villages. 

[Approved and in force May 29, 1879. L. 1879, P- 77-1 

2389. Disconnecting territory.] § i. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That whenever the owners representing a majority of the area of land 
of any territory within any city or village, and being upon the border 
and within the boundary thereof, and not laid out into city or village 
lots or blocks, shall petition the city council of such city, or the 
trustees of such village, praying the disconnection of such territory 
therefrom; such petition shall be filed with the city clerk of such city, 
or the president of the trustees of such village, accompanied with a 



556 


STATUTORY PROVISIONS. 


certificate of the county clerk, showing that all city taxes or assess¬ 
ments due up to the time of presenting such petition are fully paid, at 
least ten days before the meeting of such city council, or trustees, at 
which it is proposed to present such petition, and the city clerk of such 
city, or president of the trustees of such village, shall present such 
petition to the city council or trustees, as the case may be, and upon 
such presentation, the city council of such city or trustees of such 
village may, by ordinance, to be passed by a majority of the members 
elected to such city council or board of village trustees, disconnect 
the territory described in such petition from such city or village: Pro¬ 
vided, however, that the territory so disconnected, shall not thereby 
be exempted from taxation, for the purpose of paying any indebted¬ 
ness contracted by the corporate authorities of such city or village, 
while such territory was within the limits thereof, and remaining un¬ 
paid, but the same shall be assessed and taxed for the purpose of pay¬ 
ing such indebtedness, the same as if such territory had' not been 
disconnected, until such indebtedness is fully paid. 

2390. Ordinance recorded.! § 2 . A copy of the ordinance 
disconnecting territory from any city or village, certified by the clerk 
of such city, or president of the trustees of such village, shall be filed 
for record and recorded in the recorder’s office of the county in which 
such disconnected territory is situated, and another copy of such ordi¬ 
nance, so certified, shall be filed with the clerk of the county court of 
the county in which such disconnected territory is situated. 

2391. Judicial notice.] § 3 . All courts in this State shall take 
judicial notice of cities and villages, and of the changes made in theii 
territory, under this act. 

2392. Repeal.] § 4 . All acts and parts of acts in conflict with 
this act are hereby repealed. 

2393. Emergency.] § 5 . Whereas, there is no valid law in 
force in this State enabling cities and villages to decrease their cor¬ 
porate limits, and special legislation therefor by the General Assembly 
is forbidden by the Constitution of this State, therefore an emergency 
exists why this act should take effect immediately; therefore this act 
shall take effect and be in force from and after its passage. 


ANNEXATION OF CITIES, INCORPORATED TOWNS AND 

VILLAGES. 


An Act to provide for the annexation of cities, incorporated towns and villages, 
or parts of same, to cities, incorporated towns and villages. [Approved 
and in force April 25, 1889. L. 1889, p. 67.] 

2394. Petition to—how question submitted—returns.] § i. 
Be it enacted by the People of the State of Illinois, represented in 



ANNEXATION OF CITIES, INCORPORATED TOWNS, ETC. 


557 


the General Assembly: That where an incorporated city, town 
or village adjoins another incorporated city, town or village, it may 
be annexed thereto in th£ manner following, that is to say: 

A petition shall be presented to the judge of the County Court of 
the county wherein such incorporated city, town or village to which 
such annexation is sought is situated, asking that the question of an¬ 
nexation be submitted to the legal voters of the city, village or incorpo¬ 
rated town sought to be annexed, and the legal voters of the city, vil¬ 
lage or incorporated town to which it is sought to annex the same. 
Such petition shall be signed by not less than two hundred and fifty 
(250) of the legal voters of the city, village or incorporated town sought 
to be annexed, unless the votes cast in said city, village or incor¬ 
porated town at the last preceding general election numbered less 
than five hundred (500), in which case the petition shall be signed 
by one-third (1-3) of the legal voters of such city, village or in¬ 
corporated town, and thereupon said county judge shall cause to be 
submitted the question of annexation to the voters of the incorporated 
city, town or village sought to be annexed, and to the voters of 
the incorporated city, town or village, to which it is sought to annex 
the same, at an election to be holden in each of said incorporated 
cities, towns or villages. Such question may be submitted at 
either a special election called for that purpose, or at any municipal 
election, or at any general election. Notice of the election hereby re¬ 
quired shall be given by causing notices thereof to be published in at 
least one newspaper published in said county, within which said 
city, village or incorporated town may be, to which territory is 
sought to be annexed, at least fifteen (15) days before such election, 
by the clerk of the County Court. The ballots cast at such election 
to be written or printed, or partly written or partly printed, “For 
annexation,” “of” (here name the city, village or incorporated town 
to be annexed) “to” (here name city, village or incorporated town 
to which annexation is sought) or, “Against annexation” “of,” (here 
name city, village or incorporated town to be annexed) “to” (here 
name city, village or incorporated town to which annexation is 
sought) respectively, to be received, canvassed and returned the same 
as ballots for municipal officers of such incorporated cities, towns 
or villages, and the officers who are charged by law with the duty 
of canvassing such votes, shall file, or cause to be filed, with the 
clerk of the County Court of such county a certificate of the result 
of such canvass immediately upon ascertaining the result thereof, 
and if it shall appear that a majority of the voters of each incorporated 
city, town or village so voting upon the question of annexation, 
at such election vote for annexation, thereupon the jurisdiction of 
the incorporated city, village or town, to which such other in¬ 
corporated city, village or town is annexed, shall extend over said 
territory; but if it shall appear that a majority of the voters of any 
incorporated city, town or village so voting upon the question of 
annexation, when such question is first submitted, vote against an- 


558 


STATUTORY PROVISIONS. 


nexation, any petition thereafter presented to the judge of the County 
Court shall be signed by not less than one-eighth of the legal voters of 
the incorporated city, town or village, Which is sought to be an¬ 
nexed to an adjoining city, village or incorporated town so voting 
against annexation. 

2395. When inhabitants of territory desire to be an¬ 
nexed—proceedings.] § 2. When the inhabitants of any terri¬ 
tory not less than one-half square mile in extent, and less than the 
whole of an incorporated city, village or town, and which territory 
shall be contiguous to and adjoining the territory of another in¬ 
corporated city, village or town, desire to be annexed to such other 
incorporated city, village or town, such annexation may be effected 
as follows: A petition shall be presented to the judge of the county 
court wherein such incorporated city, town or village is situated 
to which annexation is desired, signed by not less than one hun¬ 
dred of the legal voters of the territory sought to be annexed, asking 
that the question of annexation of the territory described in the 
petition may be submitted to the legal voters of the city, village or 
incorporated town from which said territory is to be taken, and to 
the legal voters of the city, village or incorporated town to which 
it is sought to annex the same. Such territory shall be described in 
said petition, and thereupon said county judge shall cause to be sub¬ 
mitted the question of the annexation of such territory to the voters 
of the incorporated city, town or village from which it is sought to 
disconnect territory, and to the voters of the incorporated city, town 
or village to which it is sought to annex the same, at an election 
to be holden in each of said incorporated cities, towns or villages. 
Such question may be submitted at either a special election called 
for that purpose, or at any municipal election, or at any general 
election. Notice of the election hereby required shall be given 
by causing notices thereof to be published in at least one newspaper 
published in said county within which said city, village or incorporated 
town may be, to which territory is sought to be annexed, at least 
fifteen days before such election, by the clerk of the County Court, the 
ballots cast at such election to be written or printed, or partly written 
and partly printed, “For annexation of (here describe territory of city, 
village or incorporated town to be annexed) “to” (here name city, 
village or incorporated town to which annexation is sought) or 
“Against annexation of” (here describe territory of city, village or 
incorporated town to be annexed) “to” (here name city, village or 
incorporated town to which annexation is sought) respectively, to 
be received, canvassed and returned to same as ballots for municipal 
officers of such incorporated cities, towns or villages; and the of¬ 
ficers who are charged by law with the duty of canvassing such 
votes shall file, or cause to be filed, with the clerk of the County Court 
of such county, a certificate of the result of .such canvass, immediately 
upon ascertaining the result thereof; and if it shall appear that a 
majority of the voters of each city, village or incorporated town so 


ANNEXATION OF CITIES, INCORPORATED TOWNS, ETC. 559 

voting upon the question of annexation at such election vote for an¬ 
nexation, thereupon the jurisdiction of the incorporated city, town 
or village shall extend over said territory so annexed, but if it shall 
appear that a majority of the voters of any territory, less than the 
whole, of an incorporated city, village or town, so voting upon the 
question of annexation, when said question is first submitted, vote 
against annexation, any petition thereafter presented to the judge 
of the County Court for the annexation of the same territory shall be 
signed by not less than one-eighth of the legal voters of the territory 
so voting against annexation. 

2396. When petitions are presented to annex the whole 
and also a part of a City, etc.] § 3. It petitions are presented 
to the county judge, as described in this act, for the annexation of 
the whole and also for the annexation of a part or parts of a city, 
village or incorporated town to a city, village or incorporated town, 
the said county judge shall submit such question as petitioned for 
by each petition, and if at such election the result of the votes shall 
be against annexation of the whole, but shall be in favor of an¬ 
nexation of a part or parts, and such parts combined as one territory 
are contiguous to such city, village or incorporated town, or if any 
such part be contiguous to such city, village or incorporated town, 
then such contiguous territory shall be annexed the same as though 
no proposition had been submitted to annex the whole thereof. 

2397. Effect of annexation — payment of debts — division 
of property, etc.] § 4. The city, village or incorporated town 
to which the whole of another city, village or incorporated town is 
annexed under the provisions of this act shall assume and pay any 
and all debts, liabilities, bonds or obligations and interests thereon 
of the city, incorporated town or village so annexed, and shall become 
vested with title and ownership of all property belonging to said 
city, village or incorporated town so annexed, to be held for the 
same purposes and for the same uses, subject to the same conditions 
as theretofore, and if the public schools of such enlarged city, village 
or incorporated town are all in charge and under the control of one 
board of education, the said enlarged city, village or incorporated town 
shall assume and pay the indebtedness of each school district or town¬ 
ship lying wholly therein, and shall become vested with the title 
and ownership of all property belonging to any school district or 
township lying wholly therein, to be held for the same purposes and 
to the same uses and subject to the same conditions as theretofore. 
If the bonds of said city, village or incorporated town so annexed, 
or of any school district or township lying wholly therein, have been 
registered in the office of the State Auditor of Public Accounts, 
in accordance with the statute, the county clerk shall certify the 
fact of such annexation forthwith to said State Auditor, and said 
State Auditor shall not thereafter certify any rate per centum to 
the county clerk, nor shall the county clerk thereafter extend any 
such rate for the payment of said bonds or interest thereon upon 


560 


STATUTORY PROVISIONS. 


the taxable property of such city, town or village so annexed, or 
school district or township. All debts, bonds and obligations of 
the united municipality to be paid by the enlarged city, village or 
incorporated town. And if there be a portion of a school dis¬ 
trict or township lying within and a portion lying without such an¬ 
nexed territory, the debts of such school district or township shall 
be paid and the property divided in the same manner as is pro¬ 
vided for paying debts and dividing property in section eight (8) 
of this act, where parts of cities, villages or incorporated towns are 
annexed to other cities, villages or incorporated towns. 

2398. Annual appropriation ordinance — tax levy.] § 5 . 
When the whole of a city, village or incorporated town is annexed 
to another city, village or incorporated town under the provisions 
of this act, and the corporate authorities of such city, village or in¬ 
corporated town so annexed shall have passed an ordinance termed 
the annual appropriation ordinance, but not an ordinance levying 
a tax for the purpose of collecting a sufficient sum of money to de¬ 
fray the total amount of appropriations for all corporate purposes for 
that fiscal year, then the corporate authorities of the city, village or 
incorporated town to which such territory is annexed shall have 
the right to include the amount of such appropriations in the annual 
tax levy of such city, village or incorporated town, the same as 
though such appropriations had been made by the city, village or 
incorporated town to which such other city, village or incorpo¬ 
rated town is annexed. The said taxes may be used by the 
city, village or incorporated town to which annexation is had for 
the purpose for which such appropriation was made by the city, village 
or incorporated town so annexed. 

2399. Annexation not to stay tax levy.] § 6. When the 
whole of an incorporated town, city or village shall be annexed to 
another city, village or incorporated town it shall not arrest, stay or 
interfere with any proceedings for the collection or enforcement of 
any tax, special assessment or special tax, but the same shall proceed 
and be carried to a finality as though no such annexation had taken 
place, and the proceeds thereof shall be paid over to the treasurer of the 
city, village or incorporated town to which such other village, city or 
incorporated town is annexed, to be used for the purpose for which 
the tax was levied or the proceedings instituted. 

2400. Pending suits — how defended and prosecuted.] 
§ 7. All suits pending in any court on behalf of or against any vil¬ 
lage, city or incorporated town, the whole of which is under the pro¬ 
visions of this act annexed to another city, village or incorporated 
town, may be prosecuted or defended in the name of the city, village 
or incorporated town so annexed, and all judgments, fines, decrees or 
recoveries obtained for or on behalf of any village, city or incorporated 
town so annexed to another may be collected and enforced with like 
force and effect as though such annexation had not taken place in the 
name of the city, village or incorporated town so annexed. 


ANNEXATION OF CITIES, INCORPORATED TOWNS, ETC. 561 

2401. Division of public property — payment of indebted¬ 
ness.] § 8. When a part ot tne territory ot a city, village or in¬ 
corporated town is taken therefrom and annexed to another city, vil¬ 
lage or incorporated town under the provisions of this act, then the 
proportionate share of any indebtedness, contract or liability of such 
city, village or incorporated town from which such territory is taken 
shall be assumed and paid by such enlarged city, village or incor¬ 
porated town, according to the taxable property in such disconnected 
territory as the same existed immediately before such annexation, and 
if the public schools of such enlarged city, village or incorporated town 
shall be in charge and control of one board of education, then the 
proportionate share of any indebtedness of any school district or town¬ 
ship shall be assumed and paid by such enlarged city, village or in¬ 
corporated town according to the taxable property in such part of such 
disconnected territory within such school district or township, as the 
same existed immediately before such annexation and if the whole of 
a school district or township is annexed, then such municipality shall 
assume and pay all the indebtedness of such school district or town¬ 
ship. The amount of the said indebtedness to be paid by said enlarged 
city, town or village shall be determined and agreed upon by the city 
council of the city or trustees of the village or incorporated town to 
which such territory is annexed, and the city council of the city or 
trustees of the village or incorporated town from which such territory 
is taken, or the school authorities of the school district or township 
of which such disconnected territory was a part, as the case may be, 
in such manner as they shall elect, if they can not agree, then the mat¬ 
ter shall be determined by the Circuit or County Court of the county 
in which such municipal corporation may be to which annexation is 
made, by petition of either municipal corporation or of any taxpayer of 
either municipality. The court shall hear and determine the matter in 
a summary manner, without pleadings, and shall pronounce judgment 
as the right and equity of the matter may demand. If 
the respective corporate authorities shall agree as to the 
amount to be paid by such enlarged city, town or village, 
then each shall pass an ordinance or a resolution recit¬ 
ing the amount thereof to be paid, a copy of which said ordinance or 
resolution shall be duly certified by the clerk of the city, village or 
incorporated town to which such territory is annexed, and filed with 
the county clerk of the county wherein such enlarged city, town or vil¬ 
lage may lie, and by him certified to the State Auditor of Public Ac¬ 
counts, and which said ordinance or resolution shall be final and con¬ 
clusive in all proceedings as to the amount of indebtedness so to be 
paid. If a judgment or decree shall be entered by a Circuit or County 
Court as herein provided, then a certified copy thereof shall be made 
by the clerk of said court and filed with the clerk of each of the said 
municipal corporations and with the county clerk, and by the county 
clerk certified to the State Auditor of Public Accounts and such 
judgment shall be final and conclusive in all proceedings as to the 

36 


562 


STATUTORY PROVISIONS. 


amount of indebtedness to be paid by each municipality. The State 
Auditor shall not thereafter certify any rate per centum to the county 
clerk, nor shall the county clerk thereafter extend any rate upon the 
taxable property of said annexed territory for the payment of any of 
said bonds or interest thereon so issued by the city, incorporated town 
or village from which it is disconnected. Said enlarged city, town or 
village shall be vested with the title and ownership of all the public and 
school property in such annexed territory, and shall be charged there¬ 
with in the division of the public property of such dismembered city, 
incorporated town or village, or school district or township, between 
said municipalities, or between said enlarged city, town or village and 
any dismembered school district or township, as the case may be, and 
the territory not annexed shall be charged with all the public property 
within such territory, and all the public funds in the hands of the 
corporate authorities, such division to be agreed upon by the same 
authorities or settled by the court in the same manner and upon the 
same basis as above provided for in dividing the indebtedness of said 
dismembered municipality or school district or township. 

2402 . Tax levy made before annexation.] § 9. When a 
part of a city, village or incorporated town is annexed to another city, 
village or incorporated town, and before such annexation the municipal 
authorities of the city, village or incorporated town from which the ter¬ 
ritory is detached had made an annual tax levy, then in such case there 
shall be paid over to the treasurer of the city, village or incorporated 
town to which such territory is annexed the pro rata share paid by 
such territory of said tax levy for said year, according to the taxable 
property therein, as the same existed immediately before such annexa¬ 
tion, and charging such territory its proportionate share for the ex¬ 
pired part of the fiscal year. 

2403 . Proceedings instituted before annexation to improve 
streets, etc.] § 10 . When a part of a city, village or incorporated 
town is annexed to another city, village or incorporated town under 
the provisions of this act, and prior to such annexation proceedings had 
been instituted for the purpose of improving any streets within such 
detached portion by special assessment or special taxation, then in 
such case such proceedings may be carried to a finality, whether the 
whole improvement be within the detached portion or not. If the 
whole improvement is to be made within the detached portion, then the 
amount collected by such proceedings shall be paid over to the city, 
village, or incorporated town to which such territory is annexed, to be 
used by such city, village or incorporated town for the purpose for 
which such proceedings were instituted. If only a part of such im¬ 
provement is to be made within the detached territory, then the city, 
village or incorporated town from which such territory is detached 
may proceed with the same as though such annexation had not taken 
place. 

2404 . Proceedings instituted to take land for opening street 
or alley before annexation.] § 11. When a part of a city, vil- 


ANNEXATION OF CITIES, INCORPORATED TOWNS, ETC. 563 

lage or incorporated town is annexed to another under the provisions 
of this act, then in that case any proceedings instituted for the purpose 
of taking land for the purpose of opening any street or alley, or other 
public way, within the territory so annexed, shall not be arrested or 
stayed, but the same may proceed to a finality, if the city, village or 
incorporated town to which such territory is annexed so elect, and all 
moneys received from any special assessment or tax levied or assessed 
for such purpose shall be paid over to the city, village or incorporated 
town to which such territory is annexed, to be used by it for the pur¬ 
poses for which the same was collected, such proceedings to be con¬ 
tinued in the name of the city, village or town from which the ter¬ 
ritory is detached with like force and effect as though the said territory 
had not been detached therefrom. 

2405. Use of water works, gas or electric light system.] g 12 . 

If a part of a city, village or incorporated town be annexed to another 
village, city or incorporated town, then such part of the city, village 
or incorporated town shall have the same use and benefit of any water 
works, gas or electric light system owned by such city, village or incor¬ 
porated town prior to such annexation, on the same terms, conditions 
and restrictions that it had before such annexation; and on the same 
terms, conditions and restrictions said territory not annexed may there¬ 
after receive the use and benefit thereof; and if a portion of the ter¬ 
ritory of any city, village or incorporated town be annexed to another 
city, village or incorporated town, then the portion of the city, village 
or incorporated town not annexed shall have the same use and benefit 
of any water works, gas or electric light system owned by such city, 
village or incorporated town prior to such annexation on the same 
terms, conditions and restrictions that it had before such annexation, 
and on the same terms, conditions and restrictions said territory an¬ 
nexed may thereafter receive the use and benefit thereof. Either part 
of such village, city or incorporated town receiving such benefit as 
aforesaid may have its said rights and benefits waived by the city coun¬ 
cil or board of trustees of the city, village or incorporated town to and 
from which said territory is annexed and detached upon such just and 
equitable terms as they may agree, and if they can not agree, then the 
matter shall be determined by the Circuit or County Court of the 
county within which such city, village or incorporated town to which 
territory is annexed may lie, on petition of any person interested there¬ 
in. Said court shall determine the matter aforesaid in a summary man¬ 
ner and without formal proceedings pronounce judgment as the right 
and equity of the case may require, and such judgment shall be final 
and conclusive. 

2406. Disputes as to division of property.] § 13 . When a 
part of a city, village or incorporated town shall be under the pro¬ 
visions of this act annexed to another city, village or incorporated 
town, then, in case the municipal authorities of the municipal corpora¬ 
tion from which the territory is detached and of the municipal corpora¬ 
tion to which it is attached can not by ordinance agree as to the division 


564 


STATUTORY PROVISIONS. 


of the property or the settlement of their respective rights and all 
matters arising out of said annexation within sixty days thereafter, 
then the Circuit or County Court of the county within which either 
municipal corporation may be, shall hear and determine all matters 
so in dispute, and give judgment or decree, as the right of the matter 
may demand, on petition of either municipal corporation, and such 
judgment shall be final and conclusive. 

2407. Transfer of books, documents and papers.] § 14 * All 
public books, papers and documents, when the whole of an incor¬ 
porated city, town or village is annexed under the provisions of this act, 
on file in any office or with any officer thereof, shall be transferred to 
and filed with the appropriate officer or department of the city, incor¬ 
porated town or village to which such annexation is made, as the city 
council or board of trustees thereof, as the case may be, shall direct; 
and it shall be the duty of all persons having charge of such books, 
papers and documents, to deliver the same to and file the same with 
the appropriate officer or department as in this section provided. 

2408. Provision as to continuation of officers.] § 15 . 
When a part of a city, village or incorporated town shall be annexed to 
another city, village or incorporated town, and any mayor, president, 
alderman or trustee, clerk, treasurer or attorney for such municipality 
from which the territory is detached shall reside in the territory so 
detached, then he shall continue in office as an officer of such municipal 
corporation until the next annual municipal election of such city, vil¬ 
lage or incorporated town, as the case may be. 

2409. Provision as to justices of the peace and their juris¬ 
diction.] § 16. When the whole or any part of such city, village or 
incorporated town shall be annexed to another city, village or in¬ 
corporated town under the provisions of this act, then any justice of the 
peace or police magistrate, duly elected, qualified and acting at the 
time that annexation shall take effect shall continue to hold their 
offices for the terms for which they were respectively elected. All 
suits, actions, proceedings, complaints, prosecutions and special pro¬ 
ceedings which shall be pending in the territory annexed before any 
justice of the peace shall be heard and determined as though annexa¬ 
tion had not taken place, and the said justices of the peace shall con¬ 
tinue to exercise, within said territory, the functions of their respective 
offices until the term thereof shall respectively expire or otherwise 
sooner be determined, in the same manner as though annexation had 
not taken place, and the powers and jurisdiction of said justices within 
said territory and their fees and emoluments and methods of pro¬ 
cedure shall be as though annexation had not taken place. But noth¬ 
ing in this section contained shall authorize any service of process 
issued by a justice of the peace or police magistrate of the city, village 
or incorporated town, or give any such justice of th^ peace jurisdiction 
outside of the territory to which his jurisdiction was limited before 
such annexation, or interfere with the jurisdiction of any justice of the 
peace or police magistrate of the city to which it is annexed over the 


ANNEXATION OF CITIES, INCORPORATED TOWNS, ETC. 


565 


territory annexed. At the expiration of the term of such justices of 
the peace or police magistrates all dockets and books, papers and files 
of their respective offices shall be filed and deposited with any justice 
of the peace of the city, village or incorporated town to which said 
territory is annexed, that the Circuit Court of the county shall desig¬ 
nate by order of the court. 

2410. Transfer of firemen and policemen.] § 17. All police¬ 
men and firemen lawfully in the employ of any city, village or in¬ 
corporated town, the whole of which may be annexed to another, as 
provided in this act, shall be transferred to and become a part of the 
police and fire department force of such city, village or incorporated 
town. 

2411. License to keep dramshop—submission of question.] 

§ 18. When a part or the whole of an incorporated town, village or 
city is annexed, under the provisions of this act, to another city, 
village or incorporated town, and prior to such annexation an ordi¬ 
nance was in force prohibiting the issuing of licenses to keep drain- 
shops within said territory so annexed, or any part thereof, or provid¬ 
ing that such licenses shall not be issued except upon petition of a ma¬ 
jority of the voters residing within a certain district of such proposed 
dramshops, then such ordinance shall continue in full force and effect, 
notwithstanding such annexation: Provided, the city council or board 
of trustees, as the case may be, may, on petition of one fourth of the 
voters of the territory over which said ordinance extends, submit at an 
annual municipal election, but not oftener than every other municipal 
election, the question to the voters of such territory whether or not an 
ordinance shall be passed authorizing the issuing of dramshop licenses 
for such territory: And provided further, that upon petition in such 
case of one fourth of the voters within any part of said annexed ter¬ 
ritory not less than one half square mile in extent, asking that any such 
ordinance shall be continued in force in said portion of said annexed 
territory, said question of issuing dramshop licenses shall be submitted 
separately to the voters of said portion of said annexed territory, and 
if a majority of the voters voting on such question vote against dram¬ 
shops, then said ordinance shall continue in force in said portion of 
said territory, otherwise not. The ballots cast at such election shall be 
written or printed, or partly written and partly printed, “For dram¬ 
shops,” or “Against dramshops,” respectively, and shall be received, 
canvassed and returned the same as ballots cast at said election for 
municipal officers, and if it shall appear that a majority of the voters 
so voting upon the question vote “For dramshops,” then licenses may 
be issued for said territory on the same terms and conditions as licenses 
are granted by ordinance within other parts of the municipality. It 
is intended by this section to continue in full force and effect all ordi¬ 
nances of any municipality, the whole or part of which is annexed to 
another city, incorporated town or village, whereby the licensing of 
dramshops is prohibited or regulated within said city, village or in¬ 
corporated town, or any part thereof, without the voters of the terri- 


I 


4 


566 STATUTORY PROVISIONS. 

tory so affected consent, as hereby provided, to the repeal of such ordi¬ 
nance by the city, village or incorporated town to which the territory is 
annexed. 

2412. What constitutes a ward—election of aldermen.] § 19. 

Whenever the whole or a part of any city, village or incorporated town 
is annexed to a city having 30,000 inhabitants or more and such an¬ 
nexed territory is three or more square miles in extent, or contains 
15,000 inhabitants and not more than 25,000 inhabitants, then such 
annexed territory shall constitute a ward of the city to which it is an¬ 
nexed, and the city council of such city shall authorize the legal voters 
of such annexed territory to elect two aldermen from such ward in 
such annexed territory, which said aldermen from such annexed ter¬ 
ritory shall be additional aldermen to the number theretofore required 
in such city, and shall possess all the qualifications of and be elected at 
the time and in the manner provided by law: Provided, that if said an¬ 
nexed territory shall contain more than 25,000 inhabitants, then the 
city council shall authorize the legal voters of such annexed territory 
to elect two aldermen for every 25,000 inhabitants thereof, and two 
additional aldermen for a fraction of 15,000 inhabitants or more, the 
number of inhabitants to be determined by the last preceding National, 
State or school census of such annexed territory, and if any such an¬ 
nexed territory has less than 15,000 inhabitants, and is less than three 
square miles in extent, then the city council shall annex it to any ward 
or wards which it adjoins: Provided further, that nothing herein shall 
prevent the city council from re-districting such city according to law. 

2413. Sewers and drainage — special assessments.] § 20. 
When the whole of a city, village or incorporated town, or part of 
the same, is annexed to another city, village or incorporated town 
under the provisions of this act, and within such territory so annexed 
sewers were before such annexation laid or built by special assessment, 
then in such cases the city, village or incorporated town to which 
such territory is annexed may continue to lay or build sewers or 
establish a drainage system by drainage districts within such an¬ 
nexed territory by special assessment or special taxation, if it shall 
so elect. 

2414. Jurisdiction of county board to annex part of city 
to town, etc.] § 21. Whenever any territory, being a part of 
a city, village or incorporated town, has been annexed to an adjoining 
town, which is wholly within the limits of a city, village or in¬ 
corporated town under the provisions of an act entitled, “An act 
to amend sections 2, 4, 6, 7, 10, 11, and 12 of article 3 of an act 
entitled, ‘An act to revise the law in relation to township organiza¬ 
tion, approved and in force March 4, 1874/ approved June 15, 1887, 
in force July 1, 1887,” then and in such cases such territory which 
has been so annexed may be annexed to and become a part of the 
city, village or incorporated town within which such town lies to 
which such territory has been annexed in the manner following, 
viz.: A petition may be presented to the county board of the county 


BONDS. 


567 


within which such city may lie, signed by a majority of the legal 
voters of the territory so annexed to such town, and thereupon, 
if said county board shall find that such petition is signed by a ma¬ 
jority of the legal voters of said territory, the county board shall 
thereupon, by resolution, annex such territory to said city, 
village or incorporated town. And upon such declaration by the 
county board the limits of said city, village or incorporated town shall 
thereupon be extended to include the territory annexed to said town: 
Provided, this section shall not be held to prohibit the annexation 
of such territory in any other manner as provided in this act. 

2415. Repeal.] § 22. All acts and parts of acts in conflict 
herewith are hereby repealed. 

2416. Emergency.] §23. Whereas an emergency exists, there¬ 

fore this act shall be in force and take effect from and after its 
passage. , 1 I . ' 

BONDS. 

An Act to enable counties, cities, towns, townships, school districts and 
other, municipal corporations to fund, retire and purchase their out¬ 
standing bonds and other evidences of indebtedness, and to provide for 
the registration of new bonds or other evidences of indebtedness in the 
office of the auditor of public accounts. [Approved February 13, 1865. 
Title as amended by act approved and in force April 27, 1877.] 

2417. New bonds may be issued for indebtedness or in 

place of old ones.] § I. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That in 
all cases where any county, city, town, township, school district, 
or other municipal corporation, has issued bonds or other evidences 
of indebtedness, for money, or has contracted debts, which are the 
binding, subsisting legal obligations of such county, city, town, town¬ 
ship, school district, or other municipal corporation, and the same 
or any portion thereof, remain outstanding and unpaid, it shall be 
lawful for the proper corporate authorities of any such county, city, 
town, township, school district, or other municipal corporation, 
upon the surrender of any such bonds or other evidences of in¬ 
debtedness, or any number or portion thereof, to issue, in lieu or 
place thereof, to the owners or holders of the same, new bonds pre¬ 
pared as hereinafter directed, and for such amounts, upon such 
time not exceeding twenty years, payable at such place, and bearing 
such rate of interest, not exceeding seven per centum per annum, 
as may be agreed upon with the owners or holders of such out¬ 
standing bonds or other evidences of indebtedness: Provided, that 
bonds issued under this act, to mature within five years from their 
date, may bear interest not to exceed eight per cent, per annum. 
And it shall also be lawful for the proper corporate authorities of any 
such county, city, town, township, school district, or other municipal 
corporation, to cause to be thus issued, such new bonds, and sell 
the same to raise money to purchase or retire any or all of such 


568 


STATUTORY PROVISIONS 


outstanding bonds or other evidences of indebtedness; the proceeds 
of the sales of such new bonds to be expended, under the direction 
of the corporate authorities aforesaid, in the purchase or retiring 
of the outstanding bonds or other evidences of indebtedness of such 
county, city, town, township, school district, or other municipal cor¬ 
poration, and for no other purpose whatever. All bonds or other 
evidences of indebtedness, issued under the provisions of this act, 
shall show upon their face that they are issued under this act, and the 
purpose for which they are issued, and shall be of uniform design and 
style throughout the state, to be prescribed by the state auditor, whose 
imperative duty it shall be to devise and prepare such uniform style 
and draft adapted to the classes of bonds herein provided for, namely: 
The first class to consist of bonds, of which only the interest is pay¬ 
able annually; the second class to consist of those of which 
the interest and five per centum of the principal are to be 
paid annually, and the third class to consist of a graduated series, the 
first grade, made payable, principal and interest, at the end of one 
year from the date of issue; the second, at the end of two years, and 
thus to the end of the series, the class to be issued being at the 
option of the legal voters expressed as herein provided. In any 
case, the new bonds, or other evidences of indebtedness, authorized 
to be issued by this act, shall not be for a greater sum in the aggre¬ 
gate, than the principal and accrued or earned interest unpaid of 
such outstanding bonds or other evidences of indebtedness. And when 
such new bonds, or other evidences of indebtedness, shall have been 
issued, in order to be placed on the market and sold to obtain pro¬ 
ceeds with which to retire outstanding bonds, or other evidences of 
indebtedness, it shall be the duty of the state auditor, on the re¬ 
quest of the corporate authorities issuing them, and at the expense 
of the corporation in whose behalf the issue is thus made to ne¬ 
gotiate the same, at not less than par value, and on the best terms 
which can be obtained: Provided, always, that any such county, 
city, town, township, school district or other municipal corporation 
issuing bonds under the provisions of this act, may, through its 
corporate authorities duly authorized, negotiate, sell or dispose of 
said bonds, or any part thereof, at not less than their par value 
without the intervention of the Auditor of State: And, provided, 
further, That no new bonds, or other evidences of indebtedness, shall 
be issued under this act, unless the same shall be first authorized, 
as hereinafter provided, by a vote of a majority of the legal voters 
of such county, city, town, township, school district, or other mu¬ 
nicipal corporation voting at some general election, or special election 
held for that purpose. [As amended June 4, 1879J 
* 2418. Valuation of taxable property to be indorsed on bond.] 
§ 2 . In all cases where any county, city, town, township, school 
district, or other municipal corporation shall issue any bonds or 
evidences of indebtedness, under this act, it shall be the duty of the 
county clerk of such county, or other officer to whom, or to whose 


BONDS, 


569 


office, the assessment rolls for state taxation of the property within 
such county, city, town, township, school district, or other municipal 
corporation, are or shall be returnable, within five days after the 
total value of the property subject to taxation therein shall be re¬ 
turned to him, to make out and transmit to the Auditor of Public 
Accounts, to be filed in his office, a certificate setting forth the total 
value of all taxable property, of every nature and description, within 
such county, city, town, township, school district, or other municipal 
corporation, as exhibited by such assessment. And it shall be the 
duty of the Auditor of Public Accounts to place on the back of all 
new bonds, or other evidences of indebtedness issued under the 
provisions of this act, a certificate setting forth an aggregate state¬ 
ment of the amount of valuation of the taxable property of the 
municipal corporation issuing such new bonds, or other evidences 
of indebtedness; said certificate specifically distinguishing the value 
of real estate and personal property, and being based on the return 
provided for, in this section, or, if there should be no such return 
made by the county clerk to the State Auditor, then based on an 
affidavit made by the officials of the corporation issuing the bonds. 
[As amended June 4, 1879.] 

2419. Election — notice.] § 3. It shall be lawful for the 
corporate authorities of any such municipal corporation, or officers 
authorized by law to call elections therein, on the petition of ten 
legal voters, resident therein, to submit to the voters thereof, at any 
general or special election, the question of issuing bonds under this 
act, by posting a notice in ten of the most public places therein, and 
by publishing the same in the nearest newspaper, twenty days before 
said election, which notice shall state the number and amount of 
bonds proposed to be issued; the kind or class thereof as specified in 
the first section of the act of 1865 as hereby amended, and as also 
amended by the said act of 1877; the amount of each; the rate of 
interest, under the limitation of this amendatory act; when and where 
payable; for what purpose issued, and the time and place when and 
where said election will be held. And upon like petition and notice 
it shall be lawful for such corporate authorities, or officers, to sub¬ 
mit the question of issuing bonds under this act, at a special election, 
which shall be held and conducted in like manner as other elections 
therein. The ballots shall read “For issuing the bonds,” or, “Against 
issuing the bonds.” If a majority of the votes cast be for issuing the 
bonds, the same shall be issued in conformity to the specifications of 
said notice. Nothing contained in this act or in the acts to which 
this is an amendment, shall be held to repeal, or in any wise affect 
the power of the city of Chicago, to issue new bonds of said city 
conferred bv an act of the General Assembly, approved February 13, 
1865, amending the charter of said city, nor to, in any wise affect any 
other law which authorizes municipal corporations 10 issue bonds, or 
other evidences of indebtedness, and which does not provide for the 
registration thereof. [As amended June 4, 1879.] 


570 


STATUTORY PROVISIONS. 


2420. Registration.] § 4 - Upon the surrender of any 
bond, or other evidence of indebtedness, under this act, the same shall 
be endorsed, canceled, and shall from time to time, be destroyed, 
under the direction of the authority issuing- the same. Upon the issu¬ 
ing of any new bond, or evidence of indebtedness, the clerk, or other 
officer having custody of the records of the fiscal matters of such 
county, city, town, township, school district or other municipal cor¬ 
poration, as the case may be, shall make registration thereof, in a book 
to be kept in his office for that purpose, showing the date, amount, 
number, class, date of maturity, rate of interest and place of pav- 
ment of such new bond, or other evidence of indebtedness, and the 
description of the bond or evidence of indebtedness, for which, or for 
the purchasing or retiring of which, the same was given, as nearly as 
practicable. On presentation of any such new bond or evidence of in¬ 
debtedness, issued under this act, at the office of the Auditor of Public 
Accounts, for registration, the said Auditor shall cause the same to be 
registered in his office, in a book to be kept for that purpose; such regis¬ 
tration shall show the date, amount, number, class, date of maturity, 
rate of interest, time when such interest is payable, and place of 
payment of the principal and interest of such bond or other evidence 
of indebtedness, under what act, by what authority, for what purpose 
and by what county, city, town, township, school district, or other 
municipal corporation issued, and the name of the person, or per¬ 
sons, presenting the same for registration, and for such registration 
the Auditor shall be entitled to a fee of twenty-five cents, and the 
Auditor shall, under his seal of office, certify upon such bond the 
fact of such registration, for which the Auditor shall be entitled to a 
fee of twenty-five cents, such fees to be paid by the person or per¬ 
sons desiring such registration and certificate. No bonds issued under 
this act shall be entitled to registration in the office of the State 
Auditor, until a sworn certificate shall have been filed with him, 
showing that all the requirements of this act, have been fully com¬ 
plied with, in their issue. In the case of county bonds, such affi¬ 
davits shall be made by the chairman of the county board. In case 
of township bonds, by the supervisor of such township. In case of 
city bonds, by the mayor of such city; in case of town or village 
bonds, by the chairman of the town or village board; and in case of 
school district bonds, by each of the directors of such school dis¬ 
trict. Said certificate shall set forth the date of the election at which 
the people authorized the issuance of the bonds, and shall state the 
class, date, number, amount, rate of interest and date of maturity of 
the bonds, the aggregate equalized value of real property, and'the 
aggregate equalized value of personal property assessed in such local¬ 
ity, for the previous year, together with any other information in 
relation thereto, which mav be demanded by the Auditor of Public 
Accounts. [As amended Tune 4, 1879.] 

2421. Auditor to certify rate required.] § 5. When the 


BONDS. 


571 


bonds, or other evidences of indebtedness, of any county, city, town, 
township, school district, or other municipal corporation, shall be so 
registered, the auditor of public accounts shall annually ascertain 
the amount of principal and interest due and accrued, and to accrue, 
for the current year, on all such bonds and evidences of indebtedness, 
so registered in his office, and shall upon the basis of the certificate 
of the valuation of property to be transmitted to him, as aforesaid, 
or, in case no such certificate shall be transmitted to him or filed in 
his office, then upon the basis of the total valuation of the property in 
such county, city, town, township, school district or other municipal 
corporation, for the year next preceding, estimate and determine the 
rate per centum, upon the valuation of such property, requisite to 
meet and satisfy the said interest, or interest and principal, as the 
case may be, together with the ordinary cost to the State, of the 
collection and disbursement of the same, to be estimated by the auditor 
and State Treasurer, and shall make and transmit to the county clerk 
of such county, or of the county in which such city, town, town¬ 
ship, school district, or other municipal corporation is situated, or to 
the officer or authority whose duty it is, or may be, to prepare the 
estimates and books for the collection of State taxes in such county, city, 
town, township, school district or other municipal corporation, a certifi¬ 
cate setting forth such estimated requisite per centum for such purposes, 
to be filed in his office; and the said per centum shall thereupon be 
deemed added to and a part of the per centum which is or may be levied, 
or provided by law, for the purposes of State revenue, and shall be so 
treated by such clerk, officer or authority in making such estimates 
and books for the collection of State taxes; and the said taxes shall 
be collected with the State taxes, and all laws relating to the State 
revenue shall applv thereto, except as herein otherwise provided; 
Provided, That it shall be lawful for the county collector at any time 
before settlement with the State Treasurer to pay from such taxes, any 
coupons that are due for interest that may be presented for payment, 
and to pay from any surplus, not required for interest purposes, the 
principal of any such bond that may be presented for payment, 
whether due or not, and in settlement with the State Treasurer the 
county collector shall be credited with such paid coupons and bonds 
the same as money. [As amended June 4, 1879.] 

2422. State custodian — collection — payment.] § 6. The 
State shall be deemed the custodian only of the tax so collected, and 
shall not be deemed, in any manner, liable on account of such bonds, 
or other evidences of indebtedness; but the tax and funds so collected 
shall be deemed pledged and appropriated to the payment of the 
principal and interest of the registered bonds, and evidences of in¬ 
debtedness, to satisfy which, the same is hereinbefore provided to be 
collected, as aforesaid, and such new bonds and evidences of indebt¬ 
edness, issued under the authority hereof, shall be deemed secured 
and provided for, in virtue and faith hereof, until fully satisfied. The 


572 


STATUTORY PROVISIONS. 


State shall, annually collect and apply the said fund to the satisfaction 
of the interest, or interest and portion of the principal, as the case 
may be, of such registered bonds, or evidences of indebtedness, of 
any such county, city, town, township, school district, or other mu¬ 
nicipal corporation, to the extent the same is herein contemplated 
to be derived from such tax, in the same manner as the interest on the 
bonds of the State is, or may be collected, or paid, and in like moneys 
as shall be receivable in payment of State taxes; and moneys so 
paid upon the principal of any such bonds, or evidences of indebted¬ 
ness, shall be endorsed thereon, and due receipts therefor shall be 
taken and filed in the office of the Auditor of Public Accounts, or 
State Treasurer, and interest coupons, or bonds or other evidences of 
indebtedness, so paid, shall be returned to one of said officers, and shall 
be canceled and returned to the corporate authorities of the munici¬ 
pality which issued the same, in the manner now provided by law. [As 
amended June 4, 1879.] 

2423 . How money disbursed.! § 7. The state may, out 
of such fund, first retain or satisfy the ordinary cost to the state, of 
the collection and disbursement thereof; and in case of the non- 
presentment of any such bond, or evidence of indebtedness, or inter¬ 
est coupon of any such county, city, town, township, school district, 
or other municipal corporation, for payment, at the times and when 
and where the interest on the State debt is, or may be paid, then, on 
the beginning of the next year, the moneys by reason thereof Tin- 
disbursed, together with any surplus for any cause remaining, shall 
be carried to the fund of such county, city, town, township, school 
district or other municipal corporation of the current or ensuing 
vear, and be considered by the auditor in making his next estimate 
for taxation therein for such vear under this act, and shall be an- 
nlied accordingly. All laws relating to the payment of interest on 
the State debt, or the cancellation of the evidences thereof, not incon¬ 
sistent with this act, shall apnly to the receipt, custody and disburse¬ 
ment of the taxes and funds provided by this act. [As amended 
June d, 1870.I 

2424 . When registered bonds mature and are not paid.! § 8. 

Upon the maturity of such registered bond, or other evidence of in¬ 
debtedness, and the non-payment thereof bv the countv, city, town, 
township, school district, or other municipal corporation issuing 
the same, the holder thereof may cause the same to be registered 
in the office of the Auditor, as a matured or unsatisfied bond, or 
evidence of indebtedness, and thereupon, for the purpose of providing 
for the payment of the principal thereof, at the rate of five per 
centum of such principal, annually, and of the interest thereon in 
arrear, and for the current year to accrue, together with the cost to 
the State of the collection and disbursement thereof, as aforesaid; 
the same proceedings in all respects, shall be had as is hereinbefore 
provided, for the payment of the interest on such bonds and evi- 


BONDS. 


573 


dlences of indebtedness, by the collection of an annual tax suf¬ 
ficient for the purposes in the section contemplated; and the same 
shall be collected and applied, as aforesaid, to such purpose, from 
year to year, until the full satisfaction thereof, when such bonds 
or evidences of indebtedness shall be canceled and returned, as 
hereinbefore provided. [As amended June 4, 1879.] 

2425. Entry of payment.] § 9. Upon the payment of any 
such registered bond, or evidence of indebtedness, and presentation 
therefor to the Auditor, he shall cause due entry therefor to be made 
in hiis office. [As amended June 4, 1879.] 

2426. Fees—collector’s bond.] § 10. There shall be allowed 
to the officers collecting and paying over the taxes authorized to 
be collected under the provisions of this act, the same fees, or com¬ 
pensation, as is or may be allowed by law for collecting and paying 
over State taxes, and where such tax is levied, the bonds of the col¬ 
lectors thereof shall be increased in proportion to the estimated 
amount of such tax to be collected. [As amended June 4, 1879.] 

2427. Bonds—by whom executed.] §11. All bonds issued 

under this act shall be executed on behalf of the municipalities issuing 
the same by the following named officers, viz: On behalf of counties 
under the township organization laws of this State, by the chairman 
of the board of supervisors and the clerk of the county court attesting 
the same with his signature and official seal. On behalf of counties 
not under township organization by the acting chairman of the 
board of county commissioners together with the clerk of the county 
court attesting the same with his signature and official seal. On 
behalf of cities, by the mayor and city clerk, together with the seal 
of the city; on behalf of towns organized under the township organiza¬ 
tion law of this State, by the supervisor or supervisors of such 
town (as the case may be) and the town clerk of such towns. On 
behalf of all other municipalities hereinbefore mentioned by the 
president, chairman, or chief executive officer thereof, together with 
the clerk or secretary thereof. Provided, that nothing herein con¬ 
tained shall be so construed as to authorize the officers herein men¬ 
tioned to issue bonds under this act except upon a majority vote of 
the voters as hereinbefore provided. [Added by amendment ap¬ 
proved May 28, 1879. July U 1879.] 

An Act to enable counties, cities, townships, school districts, and other 
municipal corporations, to take up and cancel outstanding bonds and 
other evidences of indebtedness, and fund the same. [Approved and in 
force March 26, 1872. L. 1871-2, p. 202. J 

2428. New bonds for old indebtedness.] § 1. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, That in all cases where any county, city, town, township, 
school district, or other municipal corporation, have issued bonds 
or other evidences of indebtedness for money, on account of any 
subscription to the capital stock of any railroad company, or on ac- 




574 


STATUTORY PROVISIONS. 


count of, or in aid of any public buildings or other public improve¬ 
ment, or for any other purposes which are now binding or subsisting 
legal obligations against any county, city, town, township, school 
district, or other municipal corporations, and remaining outstanding, 
and which are properly authorized by law, the proper authorities 
of any such county, city, town, township, school district or other 
municipal corporations may, upon the surrender of any such bonds, 
or other evidences of indebtedness, or any number thereof, issue in 
place or in lieu thereof to the holders or owners of the same, new 
bonds or other evidences of indebtedness, in such form, for such 
amount, upon such time, not exceeding the term of twenty years, 
and drawing isuch rate of interest, not exceeding ten per cent, as 
may be agreed upon with such holders or owners; and such new 
bonds or other evidences of indebtedness, so issued shall show 
on their face that they are issued under this act: Provided, that the 
issue of such new bonds in lieu of such indebtedness shall first be 
authorized by a vote of a majority of the legal voters of such county, 
city, town, township, school district or other municipal corporation, 
voting either at some annual or special election of such municipal 
corporation: And provided, further, that such bonds, or other evi¬ 
dences of indebtedness, shall not be issued iso as to increase the ag¬ 
gregate indebtedness of such municipal corporation beyond five per 
centum on the value of the taxable property therein—to be ascertained 
by the last assessment for state and county taxes, prior to the issuing 
of such bonds or other evidences of indebtedness. Nothing con¬ 
tained in this act, or in the act to which this is an amendment, shall be 
held to repeal or in anywise affect the power of the city of Chicago 
to issue new bonds to an amount sufficient to retire and satisfy ma¬ 
turing bonds of said city, conferred by section 38 of an act of the 
General Assembly, approved February 13, 1863, amending the charter 
of said city. [As amended by act approved April 14, 1875. In force 
July 1, 1875. L - i 875, p. 100.] 

2429. Emergency.] §2. Whereas some counties, cities, townships 
and other municipal corporations in this state, have outstanding bonds 
and other evidences of indebtedness that will soon fall due, and are 
without any remedy for renewing or funding the same, therefore this 
act shall be in force from and after its passage. 


SINKING FUND FOR LOCAL INDEBTEDNESS. 

An Act to provide a sinking fund for local indebtedness. [Approved May 
28, 1881. In force July 1, 1881. Laws 1881, p. 113.] 

2430. Sinking fund-how created.] §1. Be'it enacted by 
the People of the State of Illinois, represented in tlue General Assem¬ 
bly, That whenever any county, township, city, town or school dis¬ 
trict shall owe any bonded debt not due, which is registered in 
the office of the Auditor of this State, the board of supervisors, 


BONDS. 


575 


or board of county commissioners, town auditors, city council, town 
trustees, or school directors of such county, township, city, town or 
school district, as the case may be, may, by resolution spread upon their 
records, and certified to the auditor, request said auditor to create 
a sinking fund to meet any such debt, or any installment thereof, by 
the time the same shall become due and payable. Said resolution 
shall specify the principal amount to be so provided for, the time 
when the same shall become due, and the amount they desire raised 
annually to meet the same. 

2431. Auditor to fix rate for sinking fund tax.] § 2. Upon 
the receipt of such resolution the auditor shall file in his office the 
same, and thereafter it shall be his duty, in certifying the amount of 
taxes to be raised within said district, to fix and certify a rate, to 
be denominated “Sinking Fund Tax,” sufficient to produce the 
amount annually required in said resolution, and the same shall be 
levied, extended and collected and paid into the State Treasury the 
same as other State taxes. 

2432. Fund—how invested.] § 3. The State Treasurer shall 
receive said taxes so collected and shall invest the same in U. S. 
Government bonds, or in the bonds of the county, township, city, 
village or school district, to which said fund belongs, and for which 
it is created, at the lowest price for which such bonds can be pur¬ 
chased, not, however, to exceed the par value and accrued interest, 
and such county commissioners, supervisors, town auditors, city 
council, town or village trustees, or ischool directors, shall have the 
right to determine the kind of bonds they will authorize to be pur¬ 
chased, and to fix the maximum price that may be paid for the 
same, and in case of the purchase of government bonds, then the 
treasurer shall receive the interest as it accrues on said bonds and 
re-invest it in the same kind of securities, and in case of the purchase 
of the bonds for which the sinking fund is raised, then such purchased 
bonds shall be returned to the county, township, city, village or 
school district and be cancelled or destroyed by the proper authorities. 

An Act making provision for the refunding of surplus funds that are now 
or hereafter may be in State Treasury to the credit of the bond funds of 
counties, townships, cities, towns, school districts and other municipal 
corporations, having bonds registered in the office of the Auditor of Pub¬ 
lic Accounts, when such bonds have been paid and canceled. [Approved 
and in force June 14, 1883. L. 1883. p. 121.] 

2433. Payment of surplus fund.] § i. Be it enacted by 
the People of the State of Illinois, represented in the General As¬ 
sembly: That whenever all the bonds of any county, township, city, 
town, school district or other municipal corporation, that may have 
been registered, in pursuance of law, in the office of the Auditor of Pub¬ 
lic Accounts, have been paid, and cancelled upon the records of said 
Auditor, and there remains in State treasury after said payment, 
any balance to the credit of the bond fund of such county, town¬ 
ship, city, town, school district, or other municipal corporation, it shall 


576 


STATUTORY PROVISIONS. 


be the duty of the Auditor of Public Accounts, on receipt of certified 
copy of resolution as provided for in section two (2) of this act, to 
draw his warrant upon the State Treasurer for the amount of said 
balance, who is hereby authorized to pay same out of the proper 
fund. 4 

2434. Certified copy of resolution -before warrant drawn.] 

§ 2. Before any warrant can be drawn for balance in State treas¬ 
ury to the credit of the bond fund of any county, township, city, town, 
school district or other municipal corporation, it will be necessary 
for the corporate authorities of such county, township, city, town, 
school district or other municipal corporation, to pass a resolution 
requesting the Auditor of Public Accounts to issue his warrant upon 
State Treasurer for the amount of said balance, payable to the 
order of the proper custodian of funds of said county, township, city, 
town, school district or other municipal corporation, who shall be 
named in said resolution, and to have a certified copy of same fur¬ 
nished said Auditor. 

2435. Emergency.] § 3. Whereas, large sums of money are 
now idle in the state treasury which ought to be paid back to the 
municipalities to whose credit the same stand, and there is at pres¬ 
ent no provision of law for such payment, therefore an emergency 
exists, and this act shall take effect and be in force from and after 
its passage. 

REFUNDING SURPLUS FUNDS. 

An Act making provision for the refunding of surplus funds that are now, or 
hereafter may be, in the State Treasury to the credit of the bond funds 
of counties, townships, cities, towns, school districts and other municipal 
corporations having bonds registered in the office of the Auditor of Pub¬ 
lic Accounts when such bonds have been paid and canceled, or when 
bonds purporting to have been issued by any county, township, city, 
town, school district or other municipal corporation, and registered in 
the office of the auditor aforesaid shall be held void or the law under 
which such bonds purport to have been issued shall be held void by the 
Supreme Court of this State or the Supreme Court of the United States. 
[Approved and in force June 10, 1885.] 

2436. Registered bonds — payment of surplus funds.] § 1 . 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: That whenever all the bonds of any county, 
township, city, town, school district, or other municipal corporation, 
that may have been registered in pursuance of law, in the office of 
the Auditor of Public Accounts have been paid, and canceled upon 
the records of said Auditor and there remains in the State treasury 
after said payment, any balance to the credit of the bond fund of 
such county, township, city, town, school district, or other municipal 
corporation, it shall be the duty of the Auditor of Public Accounts, 
on receipt of copy of resolution as provided for in section three 
of this act, to draw his warrant upon the State treasurer for the amount 
of said balance, who is hereby authorized to pay the same out of the 
proper fund. 


BONDS. 


577 


2437. Bonds held void—warrant draw for balances.] § 2. 

Whenever the Supreme Court of this State or the Supreme Court of the 
United States shall hold any bonds void purporting to be issued by 
any county, township, city, town, school district or other municipal 
corporation registered in pursuance of law in the office of the Auditor 
of Public Accounts, or whenever the act under which such bonds 
purport to have been issued shall be held to be void by the Supreme 
Court of this State or the Supreme Court of the United States, and 
there remains in the State Treasury a balance of funds to the 
credit of the bond fund of such county, township, city, town, school 
district, or other municipal corporation purporting to have issued 
said bonds, and there are no other valid bonds issued by such county, 
township, city, town, school district, or other municipal corporation 
registered in the office of the Auditor of Public Accounts in pursuance 
of law to which said balance of funds may be applied, it shall be the 
duty of the Auditor on receipt of a certified copy of resolution pro¬ 
vided for in section three of this act to draw his warrant upon the 
State Treasurer for the amount of said balance who is hereby author¬ 
ized to pay the same out of the proper fund. 

2438. City, etc., to pass resolution before warrant drawn.] 
§ 3. Before any warrant shall be drawn on the State Treasurer as 
provided in sections one and % two of this act for any balance to the 
credit of the bond fund of any county, township, city, town, school dis¬ 
trict, or other municipal corporation, to which such balance is due, such 
county, township, city, town, school district, or other municipal cor¬ 
poration, shall by its proper corporate authorities pass a resolution re¬ 
questing the Auditor of Public Accounts to issue his warrant upon the 
State Treasurer for the amount of such balance, payable to the proper 
custodian of the funds of such county, township, city, town, school 
district, or other municipal corporation, which said resolution shall 
contain the name of such proper custodian, and a certified copy of the 
same shall be furnished said Auditor: Provided, that in towns under 
township organization the board of town auditors is hereby author¬ 
ized to pass the resolution herein provided for, and the Auditor of 
Public Accounts, upon a receipt of a certified copy of such resolution, 
may draw his warrant on the State Treasurer for such balance in favor 
of the proper custodian of such fund. 

2439. Refusal of auditor to draw warrant—mandamus.] § 4. 
In all cases where the Auditor of Public Accounts shall refuse 
to draw his warrant on the State Treasurer, as provided in sections one 
and two of this act, the county, township, city, town, school district, or 
other municipal corporation having funds to the credit of its bond fund 
in the State treasury, may, after serving said Auditor with a certified 
copy of resolution provided for in section three of this act, file its peti¬ 
tion in any court of competent jurisdiction for mandamus to compel 
said Auditor to draw his warrant on the State Treasurer for such bal¬ 
ance, and such proceedings may thereupon be had and taken on such 
petition as is now provided, or may hereafter be provided, to be had 

37 


578 


STATUTORY PROVISIONS. 


and taken in proceedings on petitions for mandamus under the laws of 
this State. 

2440 . Emergency.] § 5. Whereas, large sums of money are now 
idle in the State treasury, which ought to be paid back to the munici¬ 
palities to whose credit the same stands, and there is at present no 
provision of law for such payment, therefore an emergency exists, and 
this act shall take effect and be in force from and after its passage. 

OFFICIAL BONDS. 

An Act to revise the law in relation to official bonds. [Approved March 

13, 1874. In force July i, 1874.] 

2441 . When additional or new bonds may be required.] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That all official bonds required by law to be 
given by any public officer, or public employe, including executors, 
administrators, guardians and conservators, in this State,. shall be 
signed and sealed by any said officer, employe, executor, administrator, 
guardian or conservator and his securities, and acknowledged before 
some officer authorized by law to take acknowledgments of instruments 
under seal, which said acknowledgments shall be substantially in the 
following form: 


County of. .) 

I,... hereby certify that.. who are each personally known 

to me to be the same persons whose names are subscribed to the foregoing 
instrument, appeared before me this day in person and acknowledged that they 
signed, sealed and delivered said instrument as their free and voluntary act for 
the uses and purposes therein set forth. 

Given under my hand and.seal, this.day of., A. D. 

Which acknowledgment shall be deemed and taken as prima-facie 
evidence that the instrument was signed, sealed and acknowledged in 
the manner therein set forth, and such acknowledgments shall have the 
same force and affect as evidence in all legal proceedings, as that given 
to acknowledgments of deeds of conveyance of real estate. That all pub¬ 
lic officers or employes who are compelled to give official bonds may 
be required by the court, officer, or board whose duty it is to take or ap¬ 
prove such bonds, to give additional security or new bonds whenever 
the security of the original bond has become insufficient by the subse¬ 
quent insolvency, death or removal of the sureties of any of them, or 
when for any cause any such bond shall be deemed insufficient. Any 
officer or employe failing to give bond when required, pursuant to this 
section, within ten days after he is notified in writing of such request, 
shall be deemed to have vacated his office. [As amended by act ap¬ 
proved May 31, 1879. force July 1, 1879.] 

2442 . Release of sureties.] § io. When a surety upon the 
official bond of any state officer or agent, county, town, city, village, 
incorporated town or other public officer, or the heir, executor or ad¬ 
ministrator of such surety, desires to be released from such bond, he 










BONDS. 


579 


may give notice in writing to the officer upon whose bond he is surety 
that he desires to be so released, and that such officer give a new bond 
with sufficient sureties within ten days after receiving such notice, and 
may within five days after the service of such notice deliver a copy of 
the same, with an affidavit showing the time and manner of service, to 
the court, officer, or board authorized to approve the bonds of such 
officers. And if such officer shall not within ten days after receiving 
such notice, or within such further time, not exceeding twenty days, 
as the court, officer or board shall allow, give a new bond with sufficient 
security, approved as required by law, his office shall become vacant, 
and the vacancy shall be filled as provided by law. 

2443. Effect of new bond.] § u. If a new bond shall be 
given by any officer, as provided in the foregoing sections of this act, 
then the former sureties shall be entirely released and discharged from 
all liabilities incurred by any such officer in consequence of business 
which may have come to hand from and after the time of the approval 
of the said new bond, and the sureties to the new bond are hereby de¬ 
clared to be liable for all the official delinquencies of said officer, 
whether of omission or commission, which may occur after the ap¬ 
proval of the new bond as aforesaid; but the provisions of this act shall 
not be so construed as to operate as a release of the sureties of any of 
the aforesaid officers, for liabilities incurred previous to the filing of a 
new bond, as required in the foregoing sections of this act. 

2444. When effects to be delivered to sureties.] § 12 . It 
shall be the duty of such officer, if he shall fail to give bond as provided 
for in this act, forthwith to deliver over to his sureties all books, 
moneys, vouchers, papers, and every description of property whatever 
pertaining to his office, and the said sureties may, at any time after said 
failure to file said bond, maintain an action of replevin, or other ap¬ 
propriate action, to recover such property, money or effects from their 
said principal. 

2445. Suit on bond—executors, etc.] § 13 .I * Whenever the 
condition of the bond of any public officer shall be violated, suit may be 
instituted on such bond, and prosecuted to final judgment against such 
officer, and any or all of the sureties, or against one or more of them, 
jointly and severally, without first establishing the liability of the prin¬ 
cipal by obtaining judgment against him alone. The provisions of this 
section shall extend to the official bonds of executors, administrators, 
guardians and conservators, and in suits thereon it shall not be neces¬ 
sary to a recovery that a devastavit should have previously been estab¬ 
lished against the principal. 

2446. Execution—lien.] § 14 . Execution may issue on any 
judgment so rendered as in ordinary cases, but the officer executing 
the same shall not levy upon the property of the sureties until he shall 
fail to find sufficient property of the principal to satisfy such execution: 
Provided, however, the judgment and execution shall be a lien upon 
the property of the sureties as in ordinary cases. 


580 


STATUTORY PROVISIONS. 


BUILDINGS. 

An Act to regulate the means of egress from public buildings. [Approved 

March 28, 1874. In force July 1, 1874.] 

2447. Doors to open outward.] § 1 . Be it enacted by 

the People of the State of Illinois, represented in the General As¬ 
sembly, That all public buildings now in process of construction or 
hereafter to be built or constructed, which may or shall be used for 
churches, school houses, operas, theaters, lecture rooms, hotels, public 
meetings, town halls, or which may or shall be used for any purpose 
whereby a collection of people may be assembled together for re¬ 
ligious worship, amusement or instruction, shall be so built and con¬ 
structed that all doors leading from the main hall or place where said 
collection of people may be assembled, or from the principal room 
which may be used for any of the purposes aforesaid, shall be so swung 
upon their hinges and constructed that said doors shall open outward; 
and that all means of egress for the public from the main hall or prin¬ 
cipal room, and from the building, shall be by means of doors which 
shall open outwards from the main hall or building. 

2448. Penalty.] § 2. That any person or persons who 
shall fail or refuse to comply with the provisions of this act shall be 
fined in any sum not less than $100 nor more than $1,000. 

2449. When public buildings may be closed.] § 3. That 
in all cities and towns having a population of two thousand inhab¬ 
itants, and upwards, the mayor, or other corporate authorities of said 
town or city, shall be empowered and lie is hereby authorized to 
close and prohibit all public buildings, hereafter erected, from being 
used in violation of this act. 

CEMETERIES. 

An Act to provide for the removal of cemeteries. [Approved April 24, 

1873. In force July 1, 1873.] 

2450. When cemetery may be removed — expense.] § 1 . 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That whenever any cemetery shall be embraced 
within the limits of any town or city, it shall be lawful for the cor¬ 
porate authorities thereof, if, in their opinion, any good cause exists 
why such cemetery should be removed, to cause the remains of all 
persons interred therein to be removed to some other suitable place: 
Provided, said corporate authority shall have first obtained the 
assent of the trustees or other persons having the control or owner¬ 
ship of said cemetery, or a majority thereof: And, provided, further, 
that when such cemetery is owned by one or more private parties, or 
private corporation or chartered society, the corporate authorities of 
such town or city may require the removal of such cemetery to be 
done at the expense of such private parties, or private corporation 
or chartered society, if such removal be based upon their application. 





CEMETERIES. 


581 


An Act in relation to the control of public graveyards. [Approved May 

29, 1879. In force July 1, 1879.] 

2451. Control by corporate authorities.] § 1 . Be it en¬ 
acted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly: That public graveyards in this state, not under the 
control of any corporation sole, organization or society and located 
within the limits of cities, villages, town, townships, or counties not 
under township organization, shall and may be controlled or vacated 
by the corporate authorities of such city, village, town, township or 
county, in such manner as such authorities may deem proper, and 
in the case of towns, such control may be vested in three trustees, 
to be elected annually by the voters of such town at the annual town 
meeting therein. 

An Act to amend an act entitled, “An act to enable cities and villages to es¬ 
tablish and regulate cemeteries,” approved March 24, 1874, amended by 
an act approved May 25, 1877, in force July 1, 1877. [Approved and in 
force June 14, 1883.J 

2452. Enacting clause,] §1. Be it enacted by the Peo¬ 
ple of the State of Illinois, represented in the General Assembly: 
That an act entitled “An act to enable cities and villages to establish 
and regulate cemeteries” approved March 24, 1874, and amended by 
an act approved May 25, 1877, be, and the same is so amended, as to 
read as follows: 

2453. Power of city, village or township to establish.] § 1 . 
That any city, village, or township in this State may establish and 
maintain cemeteries, within and without its corporate limits, and ac¬ 
quire lands therefor, by condemnation or otherwise, and may lay 
out lots of convenient size for families; and may sell lots for family 
burying ground, or to individuals for burial purposes. 

2454. Power of two or more cities, villages, or town¬ 
ships to establish jointly.] § 2. That any two or more cit¬ 
ies, villages or townships in this State may jointly unite in establishing 
and maintaining cemeteries within and without the corporate limits of 
either, and acquire lands therefor in common, by purchase, condemna¬ 
tion or otherwise, and may lay out lots of convenient size for families, 
and may sell lots for family burying ground or to individuals for 
burial purposes. 

An Act to enable the mayor and aldermen of certain cities to lease or convey 
real estate. [Approved April 15, 1875. In force July 1, 1875.] 

2455. When land leased or sold for cemetery purposes,] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That in all cities of which the mayor and 
aldermen have heretofore been incorporated by any special act, as a 
cemetery association or body politic, it shall be lawful, a majority of 
their number assenting thereto, for such association or body politic, 
to demise for a term of years, or to convey in perpetuity any real 
estate which it may have acquired by purchase or otherwise; and the 


582 


STATUTORY PROVISIONS. 


real estate so conveyed shall be devoted exclusively for burial or cem¬ 
etery purposes by the grantee or lessee thereof. 

CHICAGO ERRING WOMEN’S REFUGE. 

An Act for the benefit of the Chicago Erring Women’s Refuge for Reform 
and the House of the Good Shepherd of Chicago. [Approved March 
3i» 1869.] 

2456 . § 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That all the fines collected by 
the city of Chicago, from keepers, inmates and visitors of houses of 
prostitution and from any person in any way connected therewith, shall 
be set aside by said city of Chicago for the sole use and benefit of the 
Chicago Erring Women’s Refuge for reform and the House of the 
Good Shepherd, in said city, and shall be equally divided between said 
two institutions. 

2457 . § 2. The board of trustees of said Erring Women’s Refuge, 
and the superior and assistant of said House of the Good Shepherd, 
shall have power to draw, monthly, upon said fund, by their respective 
checks—that of the former to be drawn by the president, and counter¬ 
signed by the secretary, and that of the latter to be drawn by the 
superior, and countersigned by the assistant superior; said checks to 
be drawn upon the treasurer or other custodian having said moneys in 
control or possession. 

2458 . § 3. Each of the aforesaid institutions shall render an an¬ 
nual account of the expenditures and receipts to the common council of 
said city. 

2459 . § 4. This act shall take effect and be in force from and after its 
passage. 


CITY COURTS. 

An Act in relation to courts of record in cities. [Approved March 26, 1874. 

In force July 1, 1874.] 

2460 . Style of court—jurisdiction.] §1. Be it enacted by 
the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, The several courts of record now existing 
in and for cities, and such as may hereafter be estab¬ 
lished by law, in and for any city in this state, shall 
severally be styled “The City Court of (name of city),” and shall have 
concurrent jurisdiction with the circuit courts within the city in which 
the same may be, in all civil cases, and in all criminal cases except 
treason and murder, and in appeals from justices of the peace in said 
city; and the course of proceedings and practice in such courts shall be 
the same as in the circuit courts, so far as may be. 

2461 . Seal.] § 2. Such courts shall have a seal, and may, from 
time to time, as may be necessary, renew the same; the expense of such 
seal, and renewing the same, shall be paid by the city in which such 
court is or may be established. 



CITY COURTS. 


583 


2462. Place of holding,] § 3. Such court shall be held at such 
place in said city as may be provided by the corporate authorities there¬ 
of; but if such place shall become unfit, or if no place shall be provided 
by .such authorities, the court may, by an order to be entered of record, 
adjourn to or convene at a suitable place for the holding of a court 
within said city, and at such place may hold said court until a suitable 
place therefor be furnished by such corporate authorities, the expense 
whereof shall be borne by said city. 

2463. Stationery.] § 4. All blanks, books, papers, stationery and 
furniture necessary to the keeping of a record of the proceedings of 
such court, and the transaction of the business thereof, shall be fur¬ 
nished the officers of such court by the corporate authorities, at the ex¬ 
pense of the city. 

2464. Election and qualification of judges — powers — va¬ 
cancy.] §5. The judges of such courts, respectively, shall be elected 
by the qualified voters of such city in the same manner that the city 
officers of such city are elected, but not at the same time, and shall hold 
their offices for the term of four years, and until their successors are 
elected and qualified. They shall qualify and be commissioned in the 
same manner, be vested with the same powers and perform the same 
duties as circuit judges, and be styled “Judge of the City Court of 
(name of city).” Vacancies in such office shall be filled for the un¬ 
expired term, at a special election, to be called and held by the same 
authority and in the same manner that other city elections may be held, 
where such unexpired term exceeds one year; but where the same does 
not exceed one year, such vacancy shall be filled by appointment by the 
governor. [As amended by act approved May 21, 1877. In force July 
1, 1877.] 

2465. Exchange, etc.] §6. Such judges, with like privileges as 
circuit judges, may interchange with each other, and with the judges 
of circuit courts, and may hold court for each other, and perform each 
other’s duties when they find it necessary or convenient. 

2466. Clerks.] § 7. There shall be elected, in like manner as 
judges are elected, for each of such courts, a clerk, who shall hold his 
office for the term of four years, and until his successor shall be elected 
and qualified. He shall be commissioned, have the same powers, per¬ 
form the same duties, be subject to the same liabilities, and be en¬ 
titled to like fees as are now, or may hereafter, from time to time, be 
provided by law in regard to circuit clerks, in the county in which such 
city may be situate. Vacancies in such office shall be filled, for 
the unexpired term, at a special election, to be called and held by the 
same authority and in the same manner that other city elections may 
be held, where such unexpired term exceeds one year; but where the 
same does not exceed one year, such vacancy shall be filled by the 
court: Provided, That a clerk, pro tempore , may be appointed by the 
judge thereof, when necessary. 

2467. Duties of Sheriff—state's attorney.] § 8. The sheriff 
and state’s attorney of the county in which such city may be situate, 


584 


STATUTORY PROVISIONS. 


shall each perform the same duties in said court, and in respect thereto 
and the process thereof, and have the same powers, be subject to the 
same liabilities and penalties, and be entitled to the same fees as in the 
circuit court of such county; and the sheriff shall appoint one or more 
deputies for such court, for the convenience of the business therein, 
who shall reside in the city where such court is established; and the 
judge of such court shall have power to appoint a state’s attorney, pro 
tempore , in any of the cases where the circuit court or the judge thereof 
may appoint. 

2468. Master in chancery.] §9. A master in chancery for such 
court shall be appointed by the judge thereof, who shall hold his office 
for the same time, qualify in the same manner, be subject to the same 
liabilities, have the same powers, perform the same duties, and be en¬ 
titled to the same fees and compensation with respect to said court and 
matters therein as other masters in chancery. 

2469. Terms of court.] §10. Thereshallbetwoormoreregular 
terms of such court in each year to be held at such times as may be 
fixed by an order of the court from time to time, and entered of record, 
which order shall be published in some newspaper published in such city 
at least forty days before holding the first term of court under the same; 
and said order shall not be changed subsequently, except by an order 
of court entered of record at the term preceding said change, and pub¬ 
lished in a like manner. Special terms may be called and held in the 
same manner and with like effect as special terms of the circuit courts 
and subject to the same limitations: Provided, That in the city of 
Chicago, should such a court be established therein, there shall be held 
a term of such court every month in the year commencing upon the 
first Monday of each .month and no order of court or publication shall 
be necessary in order to hold such terms. [As amended by act ap¬ 
proved May 21, 1877. In force July 1, 1877.] 

2470. Adjournments, etc.] § n. The same rules in regard to 
the adjournment of such courts upon the non-attendance of a judge 
thereof, as are or may be provided by law in regard to circuit courts, 
shall apply to such courts; and the said city courts, and the judges 
thereof, shall have the same power, with respect to adjournments, as 
the circuit courts and the judges thereof now or hereafter may have by 
law, and the adjournment of a term in such courts shall have the like 
effect of an adjournment in the circuit courts. 

2471. Appeals from justices of the peace — certiorari.] 
§ 12. Appeals may be taken from the judgment of justices of the 
peace or police magistrates in such city to the city court, and writs 
of certiorari may issue to remove causes from before such officers to 
the city court, and there be heard and determined as in like cases in 
the circuit court. 

2472. Recognizances—city prison, etc.] § 13 . All recog¬ 
nizances taken by any justice of the peace, police magistrate, or 
other officer in the city, in criminal cases, when the offense is com¬ 
mitted in the city, except treason and murder, may be made return- 


CITY COURTS. 


585 


able to the city court of such city; and in all such cases the defend¬ 
ant shall be temporarily detained in the city prison or bridewell, in¬ 
stead of the county jail. 

2473 . Venue.] § 14. Change of venue from city courts, for 
the same causes and in the same manner, may be taken as from 
circuit courts, and the cases sent to the circuit court of the county, 
or to some other convenient court of record, where the cause com¬ 
plained of does not exist. 

2474 . Writs—orders—judgments, etc. — lien after tran¬ 
script filed in circuit court.] § 15. The writs and process 
of city courts shall be issued and executed in the same manner, and 
shall have the same force and effect, except as limited by this act, as 
the writs and process of circuit courts. Orders, judgments and de¬ 
crees of city courts shall have the same force, be of the same 
effect, and be executed and enforced in the same manner as the 
judgments, orders and decrees of circuit courts; but such judgments 
and decrees shall be a lien upon real estate in such city, and the 
county wherein such city is situate, only after a certified transcript of 
the same shall have been filed in the office the circuit clerk of the 
county; which transcript shall contain the names of the parties to the 
suit, the kind of action, the amount of the judgment, or the general 
nature and effect of the decree, as the case may be, and the term and 
time at which the suit was disposed of. 

2475 . Transcript book.] § 16. The clerk of the circuit 
court of the county shall provide and keep in his office, for each city 
court in his county, a well-bound book or books for entering therein 
an alphabetical docket of all judgments and decrees rendered in said 
city courts, as is now required by law for docketing judgments and 
decrees rendered in the circuit court; and shall forthwith, after the 
filing of any such certificate, enter the same therein, together with the 
hour, day, month and year of the filing of such certificate and the 
general number thereof. 

2476 . Transcript fees.] § 17. In addition to the fees 
now allowed by law, the clerk of the said city courts shall be allowed 
to charge and receive a fee of fifty cents for each certified transcript, 
as aforesaid, and the clerk of the circuit court shall be allowed to 
charge and receive a fee of fifty cents for filing and entering the same. 

2477 . Appeals—error.] § 18. Appeals may be taken and 
writs of error prosecuted from city courts to the supreme court, the 
same as in like cases from circuit courts. 

2478 . Fees of jurors—how paid.] § 19. The fees of 
the grand and petit jurors of such courts shall be paid out of the city 
treasury of the city in which such courts are respectively situated, upon 
the certificate of the clerk of the respective courts. 

2479 . Courts continued.] § 20. The several courts of 
record now established in and for cities, are hereby continued, under 
the name and style of “The City Court of (name of city),” with all 
the powers and jurisdiction conferred by this act. 


586 


STATUTORY PROVISIONS. 


2480. Courts—how established and abolished.] § 21 . A 

city court consisting of one or more judges, not exceeding five, and 
not exceeding one judge for every fifty thousand inhabitants, may be 
organized and established under this act in any city which contains 
at least three thousand inhabitants, whenever the common or city 
council shall adopt an ordinance or resolution to submit the ques¬ 
tion whether such court shall be established consisting of one or 
more judges, not exceeding five, as may be specified in such ordi¬ 
nance or resolution, to the qualified voters of such city, and two- 
thirds of the votes cast at such election shall be in favor of the estab¬ 
lishment of such court. Where such court is established with more 
than one judge, each judge may hold a separate branch thereof at 
the same time, and when holding such separate branch, each judge 
may exercise all the powers vested in such courts. Such elections 
shall be held and conducted, the returns thereof made and canvassed, 
and the result declared in the same manner as other city elections. 
To discontinue and disestablish any such court, precisely the same 
modes of procedure shall be requisite and necessary and be resorted 
to as for the organization of such court. In the event of the discontin¬ 
uance and disestablishment of any such court, the clerk thereof shall 
transfer and deliver to the Circuit Court of the county in which such 
city court is situated, all records, judgments and processes in posses¬ 
sion of himself or of any other officer of said City Court, and the 
Circuit Court shall thereupon acquire and be vested with jurisdic¬ 
tion in the matters to which said records, judgments or process relate, 
and may be dealt with as original records of such Circuit Court: Pro¬ 
vided, it shall be lawful for the city council in any city where a City 
Court has been established under this act, and there is no judge or 
clerk of such court residing within such city, and such court has 
ceased to do business for two years or more, to pass an ordinance or 
and may be dealt with as original records of such Circuit Court: Pro¬ 
resolution abolishing such court and authorize the city clerk of such 
city to transfer and deliver the records, judgments and process of such 
court to the Circuit Court of the county in which such city is situated 
in like manner and with like effect as if such had been transferred by 
the clerk of such City Court. [As amended by act approved June 5, 
1880. In force Tuly 1, 1889.] 

2481 . Election of judge and clerk.] § 22. Whenever 

the establishment of a City Court shall be authorized, as provided in 
the foregoing section, it shall be the duty of the corporate authorities 
to order an election for judge and clerk; and when the judge and 
clerk shall be duly elected, qualified and commissioned, such court 
shall be deemed organized and established according to law. 

An Act concerning fees and salaries, and to classify the several counties of 
this state with reference thereto, fApproved March 29, 1872. In force 
July 1, 1872. L. 1871-2, p. 420. Title as amended by act approved 
March 28, 1874. In force July 1, 1874.] 

2482. Salaries of officers.] § 1. Be it enacted by the 


CIVIL SERVICE. 


587 


People of the State of Illinois, represented in the General Assembly, 
That there shall be allowed and paid an annual salary, in lieu of 
all other salaries, fees, perquisite, benefit or compensation, in any 
form whatsoever, to each of the officers herein named, the following 
sums respectively: 

2483. Judges of city courts — county judges.! § 5. 

Judges of inferior courts of record in towns and cities shall be allowed, 
and receive in lieu of, all other fees, perquisites or benefits whatsoever, 
in cities or towns having a population not exceeding five thousand 
(5,000) inhabitants, five hundred dollars ($500); and in cities or towns 
having more than five thousand (5,000) inhabitants, fifteen hundred 
dollars ($1,500), to be paid out of the city or town treasury: Provided, 
That in cities having a population of one hundred thousand (100,000) 
or more, the city or common council may give such additional com¬ 
pensation, to be paid out of the city or town treasury, to the judge or 
judges of such court, as shall be deemed reasonable, not exceeding 
a sum sufficient to make the entire salary five thousand dollars ($5,000), 
which additional compensation shall be fixed prior to the election of 
such judge or judges, and shall be provided for in the annual appro¬ 
priation ordinance of each year, and shall not be increased or dimin¬ 
ished during the term of office of such judge or judges. County 
judges shall be allowed such salary as shall be fixed by their re¬ 
spective boards, to be paid out of the county treasury. [As amended 
by act approved May 11, 1877. In force July 1, 1877.] 

2484. Prosecuting attorneys of city courts.! § 6. That 
each prosecuting attornev of such inferior court, other than the 
state’s attorney, shall be allowed and receive in full compensation for 
all services rendered as prosecuting attorney of such court, an annual 
salary of $250, to be paid by the town or city. 

CIVIL SERVICE ACT. 

An Act to regulate the civil service of cities. [Approved and in force March 

20, 1895.] 

2485. Commissioners appointed—oath.! §1. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, The Mayor of each city in this State which shall adopt 
this act as hereinafter provided shall, not less than forty nor more 
than ninety days after the taking effect of this act in such city, ap¬ 
point three persons, who shall constitute and be known as the Civil 
Service Commissioners of such city, one for three years, one for two 
years and one for one year from the time of appointment and until 
their respective successors are appointed and qualified; and in every 
year thereafter the mayor shall, in like manner, appoint one person 
as the successor of the commissioner whose term shall expire in that 
year to serve as such commissioner for three years and until his 
successor is appointed and qualified. Two commissioners shall con¬ 
stitute a quorum. All appointments to said commission, botlrorig- 


588 


STATUTORY PROVISIONS. 


inal and to fill vacancies, shall be so made that not more than two 
members shall, at the time of appointment, be members of the same 
political party. Said commissioners shall hold no other lucrative 
office or employment under the United States, the State of Illinois, or 
any municipal corporation or political division thereof. Each com¬ 
missioner, before entering upon the duties of his office, shall take the 
oath prescribed by the constitution of this State. 

2486. Removal of commissioners — vacancy.] § 2. The 

mayor may, in his discretion, remove any commissioner for in¬ 
competence, neglect of duty or malfeasance in office. The mayor shall 
within ten days report in writing any such removal to the city coun¬ 
cil, with his reasons therefor. Any vacancy in the office of com¬ 
missioner shall be filled by appointment by the mayor. 

2487. Classification.] § 3. Said commissioners shall classify all 
the offices and places of employment in such city with reference to 
the examinations hereinafter provided for, except those offices and 
places mentioned in section eleven of this act. The offices and places 
so classified by the commission shall constitute the classified civil 
service of such city; and no appointments to any of such offices or 
places shall be made except under and according to the rules herein¬ 
after mentioned. 

2488. Rules.] § 4. Said commission shall make rules to carry 
out the purposes of this act, and for examinations, appointments and 
removals in accordance with its provisions, and the commission may, 
from time to time, make changes in the original rules. 

2489. Publication of rules — time of taking effect.] § 5 . 
All rules made as hereinbefore provided, and all changes therein 
shall forthwith be printed for distribution by said commission; and 
the commission shall give notice of the place or places where said 
rules may be obtained, by publication in one or more daily newspapers, 
published in isuch city, and in each such publication shall be specified 
the date, not less than ten days subsequent to the date of such publi¬ 
cation, when said rules shall go into operation. 

2490. Examinations.] § 6 . All applicants for offices or places 
in said classified service, except those mentioned in section eleven, 
shall be subjected to examination, which shall be public, competitive 
and free to all citizens of the ‘United States, with specified limitations 
as to residence, age, health, habits and moral character. Such ex¬ 
aminations shall be practical in their character, and shall relate to 
those matters which will fairly test the relative capacity of the per¬ 
sons examined to discharge the duties of the positions to which they 
seek to be appointed, and shall include tests of physical qualifica¬ 
tions and health, and when appropriate of manual skill. No questions 
in any examination shall relate to political or religious opinions or 
affiliations. The commission shall control all examinations, and may, 
whenever an examination is to take place designate a suitable num¬ 
ber of persons, either in or not in the official service of the city, to be 
examiners, and it shall be the duty of such examiners, and, if in the 


CIVIL SERVICE. 


589 


official service, it shall be a part of their official duty, without extra 
compensation, to conduct such examination as the commission may 
direct, and to make return or report thereof to said commission, and 
the commission may at any time substitute any other person, whether 
or not in such service, in the place of any one so selected; and the 
commission may themselves at any time act as such examiners, and 
without appointing examiners. The examiners at any examination 
shall not all be members of the same political party. 

2491. Notice of examinations.] § 7. Notice of the time and 
place and general scope of every examination shall be given by 
the commission by publication for two weeks preceding such ex¬ 
amination in a daily newspaper of general circulation published in' 
such city, and such notice shall also be posted by said commission in 
a conspicuous place in their office for two weeks before such ex¬ 
amination. Such further notice of examinations may be given as 
the commission shall prescribe. 

2492. Registers.] § 8. From the returns or reports of the 
examiners, or from the examinations made by the commission, the 
commission shall prepare a register for each grade or class of positions 
in the classified service of such city of the persons whose general 
average standing upon examination for such grade or class is not less 
than the minimum fixed by the rules of such commission, and who are 
otherwise eligible; and such persons shall take rank upon the register 
as candidates in the order of their relative excellence as determined 
by examination, without reference to priority of time of examination. 

2493. Promotions.] § 9. The commission shall, by its rules 
provide for promotions in such classified service, on the basis of 
ascertained merit and seniority in service and examination and shall 
provide, in all cases where it is practicable, that vacancies shall be 
filled by promotion. All examinations for promotion shall be com¬ 
petitive among such members of the next lower rank as desire to 
submit themselves to such examination; and it shall be the duty of 
the commission to submit to the appointing power the names of not 
more than three applicants for each promotion having the highest 
rating. The method of examination, and the rules governing the 
same and the method of certifying, shall be the same as provided 
for applicants for original appointment. 

2494. Appointments to classified service.] § 10. The rhead 
of the department or office in which a position classified under this 
act is to be filled shall notify said commission of that fact, and said 
commission shall certify to the appointing officer the name and address 
of the candidate standing highest upon the register for the class or 
grade to which said position belongs, except that, in cases of laborers 
where a choice by competition is impracticable, said commission may 
provide by its rules that the selections shall be made by lot from among 
those candidates proved fit by examination. In making such certifica¬ 
tion sex shall be disregarded, except when some statute, the rules of 
said commission or the appointing power specifies sex. The appoint- 


590 


STATUTORY PROVISIONS. 


ing officer shall notify said commission of each position to be filled 
separately, and shall fill such place by the appointment of the per¬ 
son certified to him by said commission therefor, which appointment 
shall be on probation for a period to be fixed by said rules. Said 
commission may strike off names of candidates from the register 
after they have remained thereon more than two years. At or before 
the expiration of the period of probation the head of the depart¬ 
ment or office in which a candidate is employed may, by and with 
the consent of said commission, discharge him upon assigning in 
writing his reason therefor to said commission. If he is not then 
discharged his appointment shall be deemed complete. To prevent the 
'stoppage of public business, or to meet extraordinary exigencies, 
the head of any department or office may with the approval of the 
commission make temporary appointment to remain in force not ex¬ 
ceeding sixty days, and only until regular appointments under the 
provisions of this act can be made. 

2495. Officers excepted from classified service.] § 11 . 

Officers who are elected by the people, or who are elected by the city 
council pursuant to the city charter, or whose appointment is subject 
to confirmation by the city council, judges and clerks of election, mem¬ 
bers of any Board of Education, the superintendent and teachers of 
schools, heads of any principal department of the city, members of 
the law department, and one private secretary of the mayor, shall 
not be included in such classified service. 

2496. Removals.] § 12. No officer or employe in the classi¬ 
fied civil service of any city who shall have been appointed under 
said rules and after said examination, shall be removed or discharged 
except for cause, upon written charges and after an opportunity 
to be heard in his own defense. 'Such charges shall be investigated 
by or before said civil service commission, or by or before some 
officer or board appointed by said commission, to conduct such in¬ 
vestigation. The finding and decision of such commission or investi¬ 
gating officer or board, when approved by said commission, shall be 
certified to the appointing officer, and shall be forthwith enforced 
by such officer. Nothing in this act shall limit the power of any 
officer to suspend a subordinate for a reasonable period, not exceed¬ 
ing thirty days. In the course of an investigation of charges each 
member of the commission, and of any board so appointed by it, and 
any officer so appointed shall have the power to administer oaths and 
shall have power to secure by its subpoena both the attendance and tes¬ 
timony of witnesses, and the production of books and papers relevant 
to such investigation. Nothing in this section shall be construed to 
require such charges or investigation in cases of laborers or persons 
having the custody of public money, for the safe keeping of which an¬ 
other person has given bonds. 

2497. Reports to commission.] § 13. Immediate notice in 
writing shall be given by the appointing power, to said commission, 
and all appointments, permanent or temporary, made in such classified 


CIVIL SERVICE. 


591 


civil service, and all transfers, promotions, resignations, or vacancies 
from any cause in such service, and of the date thereof; and a record 
of the same shall be kept by said commission. When any office or 
place of employment is created or abolished, or the compensation at¬ 
tached thereto altered, the officer or board making such change shall 
immediately report it in writing to said commission. 

2498. Investigations.] § 14. The commission shall investigate 
the enforcement of this act and of its rules, and the action of the ex¬ 
aminers herein provided for, and the conduct and action of the ap¬ 
pointees in the classified service in its city, and may enquire as to the 
nature, tenure and compensation of all offices and places in the public 
service thereof. In the course of such investigations each commis¬ 
sioner shall have power to administer oaths, and said commission shall 
have power to secure by its subpoena both the attendance and testi¬ 
mony of witnesses and the production of books and papers relevant 
to such investigations. 

2499. Report by commission.] § 15 . Said commission shall, 
on or before the fifteenth day of January of each year, make to the 
mayor for transmission to the city council a report showing its own 
action, the rules in force, the practical effects thereof, and any sug¬ 
gestions it may approve for the more effectual accomplishment of the 
purposes of this act. The mayor may require a report from said com¬ 
mission at any other time. 

2500 . Chief Examiner.] § 16. Said commission shall employ 
a chief examiner, whose duty it shall be, under the direction of the 
commission, to superintend any examination held in such city under 
this act, and who shall perform such other duties as the commission 
shall prescribe. The chief examiner shall be ex-officio secretary of 
said commission, under the direction of such commission; he, as 
such secretary, shall keep the minutes of its proceedings, preserve all 
reports made to it, keep a record of all examinations held under its 
direction, and perform such other duties as the commission shall pre¬ 
scribe. 

2501 . Officers to aid— rooms.] § 17. All officers of any city 
which shall have adopted this act shall aid said commission in all 
proper ways in carrying out the provisions of this act, and at any place 
where examinations are to be held shall allow reasonable use of public 
buildings for holding such examinations. The mayor of such city 
shall cause suitable rooms to be provided for said commission at the 
expense of such city. 

2502 . Salaries and expenses.] § 18. In cities having a popu¬ 
lation of one hundred thousand inhabitants or more, each of said com¬ 
missioners shall receive a salary of three thousand dollars a year, the 
chief examiner shall receive a salary of three thousand dollars a year. 
Any person not at the time in the official service of the city, serving 
as a member of the board of examiners or of a trial board, shall re¬ 
ceive compensation for every day actually and necessarily spent in the 
discharge of his duty as an examiner or a member of the trial board at 


592 


STATUTORY PROVISIONS. 


the rate of five dollars per day, and said commission may, in such 
city, also incur expenses not exceeding five thousand dollars per year, 
for clerk hire, printing, stationery and other incidental matters. In 
cities having a population of fifty thousand inhabitants and less than 
one hundred thousand, such commissioners shall receive an annual 
salary of one thousand dollars each, the chief examiner shall receive 
an annual salary of one thousand dollars. Any person not at the time 
in the official service of the city, serving as a member of the board of 
examiners or of a trial board shall receive compensation for every 
day actually and necessarily spent in the discharge of his duty as an 
examiner or member of the trial board at the rate of three dollars per 
day, and said commission may, in such city, also incur expenses not 
exceeding two thousand dollars a year for clerk hire, printing, sta¬ 
tionery and other incidental matters. In cities having a population 
of twenty-five thousand and less than fifty thousand inhabitants such 
commissioners shall receive an annual salary of one hundred dollars 
each, and the chief examiner shall receive an annual salary of five hun¬ 
dred dollars. 

In cities having a population of less than twenty-five thousand in¬ 
habitants such commissioners shall receive an annual salary to be 
fixed by the city council of such cities, not to exceed fifty dollars each; 
the chief examiner shall receive an annual salary to be fixed by the 
city council of such cities not to exceed one hundred dollars. In 
cities having a population of less than fifty thousand inhabitants any 
person not at the time in the official service of the city, serving as a 
member of the board of examiners or of a trial board shall receive com¬ 
pensation for every day actually and necessarily spent in the discharge 
of his duty as an examiner or member of the trial board at the rate 
of two dollars per day, and said commission may, in such city, also 
in'cur expenses not exceeding two hundred dollars per year, for clerk 
hire, printing, stationery and other incidental matters. [As amended 
by Act approved June 13, 1895. In force July 1, 1895.] 

2503. Appropriations.] § 19. A sufficient sum of money shall 
be appropriated each year by each city which shall adopt this act, to 
carry out the provisions of this act in such city. In such cities as 
shall have already made the annual appropriation for municipal pur¬ 
poses for the current fiscal year, the mayor is authorized and required 
to pay the salaries and expenses as herein provided for such fiscal year 
out of the moneys appropriated for contingent purposes by such 
municipality, or out of any moneys not otherwise appropriated. 

2504. Frauds prohibited.] § 20. No person or officer shall 
willfully or corruptly by himself or in co-operation with one or more 
other persons, defeat, deceive or obstruct any person in respect to his 
or her right of examination, or corruptly or falsely mark, grade, esti¬ 
mate or report upon the examination or proper standing of any per¬ 
son examined hereunder or aid in so doing, or willfully or corruptly 
make any false representation concerning the same, or concerning the 
person examined, or willfully or corruptly furnish to any person anv 


CIVIL SERVICE. 


593 


special or secret information for the purpose of either improving or 
injuring the prospects or chances of any person so examined, or to be 
examined, being appointed, employed or promoted. 

2505. No officer to solicit or receive political contribu¬ 
tions.] § 21. No officer or employe of such city shall solicit, orally 
or by letter, or receive or pay, or be in any manner concerned in 
soliciting, receiving or paying any assessment, subscription or con¬ 
tribution for any party or political purpose whatever. 

2506. No person to solicit political contributions from offi¬ 
cers or employes.] § 22. No person shall solicit, orally or by 
letter, or be in any manner concerned in soliciting any assessment, 
contribution or payment for any party or any political purpose what¬ 
ever, from any officer or employe in any department of the city gov¬ 
ernment of any city which shall adopt this act. 

2507. Assessments and contributions in public offices for¬ 
bidden.] § 23 . No person shall in any room or building occupied 
for the discharge of official duties by any officer or employe in any 
city, which shall adopt this act, solicit, orally or by written communica¬ 
tion, delivered therein, or in any other manner, or receive any con¬ 
tribution of money or other thing of value, for any party or political 
purpose whatever. No officer, agent, clerk or employe under the gov¬ 
ernment of such city, who may have charge or control of any building, 
office or room, occupied for any purpose of said government, shall 
permit any person to enter the same for the purpose of therein solic¬ 
iting or delivering written solicitations for receiving or giving notice 
of any political assessments. 

2508. Payments of political assessments to public officers 
prohibited.] § 24. No officer or employe in the service of such 
city shall, directly or indirectly, give or hand over to any officer or 
employe in said service, or to any senator or representative or aider- 
man, councilman or commissioner, any money or other valuable thing, 
on account of or to be applied to the promotion of any party or polit¬ 
ical object whatever. 

2509. Abuse of official influence prohibited.] § 25 /^No 
officer or employe of such city shall discharge or degrade or promote, 
or in any manner change the official rank or compensation of any 
other officer or employe, or promise or threaten to do so for giving 
or withholding or neglecting to make any contribution of money or 
other valuable thing for any party or political purpose, or for refusal 
or neglect to render any party or political service. 

2510. Payment for places prohibited.] § 26. No applicant 
for appointment in said classified civil service, either directly or in¬ 
directly, shall pay or promise to pay any money or other valuable thing 
to any person whatever for or on account of his appointment, or pro¬ 
posed appointment and no officer or employe shall pay or promise to 
pay, either directly or indirectly, any person any money or other valu¬ 
able thing whatever for or on account of his promotion. 

2511. Recommendations in consideration of political services 

38 


594 


STATUTORY PROVISIONS. 


prohibited.] § 27. No applicant for appointment or promotion in 
said classified civil service shall ask for or receive a recommendation 
or assistance from any officer or employe in said service, or of any 
person upon the consideration of any political service to be rendered 
to or for such person, or for the promotion of such person to any 
office or appointment. 

2512. Abuse of political influence prohibited.] § 28. No 

person while holding any office in the government of such city, or in 
nomination for, or while seeking a nomination for, or appointment 
to any such office, shall corruptly use or promise to use, either directly 
or indirectly, any official authority or influence (whether then pos¬ 
sessed or merely anticipated) in the way of conferring upon any per¬ 
son, or in order to secure or aid any person in securing any office or 
public employment, or any nomination, confirmation, promotion or 
increase of salary upon the consideration or condition that the vote or 
political influence or action of the last named person or any other 
shall be given or used in behalf of any candidate, officer or party, or 
upon any other corrupt condition or consideration. 

2513. Auditing officer.] § 29. No accounting or, auditing 
officer shall allow the claim of any public officer for services of any 
deputy or other person employed in the public service in violation 
of the provisions of this act. 

2514. Appointments and removals to be certified to the 
comptroller.] § 30. The commission shall certify to the comptroller 
or other auditing officers, all appointments to offices and places in the 
classified civil service, and all vacancies occurring therein, whether 
by dismissal or resignation or death, and all findings made or approved 
by the commission under the provisions of section twelve of this act, 
that a person shall be discharged from the classified civil service. 

2515. Comptroller to pay salaries only after certification.] 
§ 31. No comptroller or no other auditing officer of a city which has 
adopted this act shall approve the payment of, or be in any manner 
concerned in paying any salary or wages to any person for services 
as an officer or employe of such city, unless such person is occupying 
an office or place of employment according to the provisions of law 
and is entitled to payment therefor. 

2516. Paymasters, etc., to pay salaries only after certifica- 
tion.] § 32. No paymaster, treasurer or other officer or agent of a 
city which has adopted this act shall willfully pay, or be in any manner 
concerned in paying any person any salary or wages for services as an 
officer or employe of such city unless such person is occupying an 
office or place of employment according to the provisions of law and 
is entitled to payment therefor. 

2517. Compelling testimony of witnesses—production of 
books and papers.] § 33. Any person who shall be served with 
a subpoena to appear and testify, or to produce books and papers, 
issued by the commission or by any commissioner or by any board 
or person acting under the orders of the commission in the course of 


CIVIL SERVICE. 


595 


an investigation conducted either under the provisions of section 
twelve or section fourteen of this act, and who shall refuse or neglect 
to appear or to testify, or to produce books and papers relevant to said 
investigation, as commanded in such subpoena, shall be guilty of a 
misdemeanor, and shall, on conviction, be punished as provided in 
section thirty-four of this act. The fees of witnesses for attendance 
and travel shall be the same as the fees of witnesses before the circuit 
courts of this State and shall be paid from the appropriation for the 
expenses of the commission. Any circuit court of this State or any 
judge thereof, either in term time or vacation, upon application of any 
such commissioner, or officer or board, may in his discretion compel 
the attendance of witnesses, the production of books and papers, and 
giving of testimony before the commission, or before any such com¬ 
missioner, investigating board or officer, by attachment for contempt 
or otherwise in the same manner as the production of evidence may 
be compelled before said court. Every person who, having taken an 
oath or made affirmation before a commissioner or officer appointed 
by the commission authorized to administer oaths shall swear or 
affirm willfully, corruptly and falsely shall be guilty of perjury and 
upon conviction shall be punished accordingly. 

2518. Penalties.] § 34. Any person who shall willfully, or 
through culpable negligence violate any of the provisions of this act 
or any rule promulgated in accordance with the provisions thereof, 
shall be guilty of a misdemeanor and shall, on conviction thereof, be 
punished by a fine of not less than fifty dollars and not exceeding one 
thousand dollars, or by imprisonment in the county jail for a term 
not exceeding six months, or both such fine and imprisonment in the 
discretion of the court. 

2519. Penalties — disqualification to hold office.] § 35. If 

any person shall be convicted under the next preceding section, any 
public office or place of public employment, which such person may 
hold shall, by force of such conviction be rendered vacant, and such 
person shall be incapable of holding any office or place of public em¬ 
ployment for the period of five years from the date of such conviction. 

2520. What officers to prosecute.] § 36. Prosecutions for 
violations of this act may be instituted either by the Attorney General, 
the State’s Attorney for the county in which the offense is alleged to 
have been committed, or by the commission, acting through special 
counsel. Such suits shall be conducted and controlled by the prose¬ 
cuting officers who-institute them, unless they request the aid of other 
prosecuting officers. 

2521. Repeal.] §37. All laws or parts of laws which are incon¬ 
sistent with this act, or any of the provisions thereof are hereby re¬ 
pealed. 

2522. Adoption.] § 38. The electors of any city now existing 
or hereafter existing in this state, may adopt and become entitled 
to the benefit of this act in the following manner: Whenever one 
thousand of the legal voters of such city, voting at the last preceding 


596 


STATUTORY PROVISIONS. 


election shall petition the judge of the county court of the county, in 
which said city is located, to submit to a vote of the electors of such 
city the proposition as to whether such city and the electors thereof 
shall adopt and become entitled to the benefits of this act, it shall be 
the duty of such county court to submit such proposition accordingly 
at the next succeeding general state, county or city election, and if 
such proposition is not adopted at such election the same shall in like 
manner be submitted to a vote of the electors of such city by such 
county court upon like application at any general state, county or city 
election, thereafter, and an order shall be entered of record in such 
county court submitting such proposition as aforesaid. 

If one thousand shall exceed one-eighth of the legal voters of any 
such city voting at the last preceding election, then such petition or 
application need not be signed or made by more than one-eighth of the 
legal voters of such city voting at the last preceding election. 

2523. Notice of election—submission of act to vote—proc¬ 
lamation.] § 39. The judge of such county court shall give at least 
ten days’ notice of election at which such proposition is to be submit¬ 
ted by publishing such notice in one or more newspapers published 
within such city for at least five times, the first publication to be at 
least ten days before the day of the election; and if no newspaper is 
published in such city, then by posting at least five copies of such 
notice in each ward at least ten days beiore such election. Such elec¬ 
tion shall be held under the election law in force in such city, except 
as herein otherwise provided. The proposition so to be voted for shall 
appear in plain, prominent type at the head of every ticket and preced¬ 
ing the names of persons to be voted upon for any office at such elec¬ 
tion. If a majority of the votes cast upon such proposition shall be 
for such proposition, this act shall thereby be adopted by such city, 
and the mayor shall thereupon issue a proclamation declaring this act 
in force in such city. 

2524. Emergency.] § 40. Whereas, an emergency exists for 
the immediate taking effect of this act, therefore it shall be in force 
from and after its passage. 


DRAINAGE. 


PROTECTION OF SITES AGAINST OVERFLOW. 

An Act to authorize cities, towns and villages to protect the site thereof from 
overflow and inundation, and to regulate and control private levees 
private wharves and landing places, or embankments, and to compel the 
repairs and improvements of such levees or embankments, and to cause 
low lots, blocks or parcels of land within the corporate limits to be 



DRAINAGE. 


597 


filled so as to prevent standing water thereon, and to authorize cities, 
towns and villages to purchase or condemn lands, sand banks, gravel pits, 
and rock quarries, for any of the purposes above named. [Approved 
and in force May 19, 1883.] 

2525. Authorized to protect from overflow.] §1. Be it enacted 
by the People of the State of Illinois, represented in the General Assem¬ 
bly: That all cities, towns and villages in this State, whether in¬ 
corporated under the general incorporation act for cities, towns and 
villages or under any special charter that are subject to overflow or 
inundation shall have power to protect the site of such city, town or 
village from overflow or inundation by levees, dykes, or embank¬ 
ments of such height and dimensions as the corporate authorities 
of such city, town or village may deem proper. 

2526. May purchase or condemn lands, etc.j § 2. Such 
city, town or village may purchase or enter upon and condemn lands 
for the location and construction of any such levee, or for the re¬ 
pairs of any levee, or dyke now built, or surrounding any such city, 
town or village, in the same manner that lands and right of way 
is now condemned for railroad purposes. 

2527. City may order private levees repaired.] § 3. In 
all instances where any city, town or village in this State is now, 
or shall hereafter be surrounded in whole or in part by any levee, 
dyke, embankment or other structure, which is used or permitted to 
be used as a protection to any such city, town or village from over¬ 
flow and inundation, and which is owned or claimed, in whole or in 
part, by any individual, private corporation or trust company, and 
whose duty it is in law or equity to keep up and maintain such 
levee, dyke, embankment or other structure, and the same shall 
be found to be insufficient in width or height, or too steep of 
grade, or which shall become impaired by wash or abrasion of the 
rivers, by caving banks, by impairment of the base or surface of 
the slope, or any other injury that may happen to any such levee, 
dyke, embankment or other structure, that, in the judgment of 
the city council, or board of trustees, or other municipal au¬ 
thorities of any such city, town or village, shall become un¬ 
safe or insecure for the purpose for which it was erected or used, 
and the party whose duty it is in law or equity to protect, main¬ 
tain, and keep in repair such levees, embankments or dykes, shall 
not repair, enlarge, or heighten the isame, as the case shall de¬ 
mand, it shall be the duty of the city council, or board of trustees 
of any such city, town or village, to cause notice to be served upon 
the owner or person in charge of any such levee, dyke, embankment 
or structure, or any agent of any such owner or person in charge 
thereof, of the condition, impairment or insufficiency of any such 
levee, dyke, embankment or other structure, and that the same 
must be repaired or improved as directed in said notice. 

2528. When may be repaired by city, etc.] § 4* If the 
owner, or agent or person in possession of any levee, dyke, em- 


598 


STATUTORY PROVISIONS. 


bankment or other structure, shall not within ten days from the 
date of service of any such notice, in good faith commence the 
work so to be done, and continue the same with all reasonable dili¬ 
gence until it is completed, any such city, town or village may de¬ 
clare such levee a nuisance, and proceed to repair or improve the 
same so as to make such levee, dyke or embankment secure and 
sufficient for the purposes for which it was intended or used. 

2529. City, etc., may enter on lands, etc., to repair. 1 § 5. 
For the purpose of making any such repairs or improvement, any 
such city, town or village may enter upon any of the adjacent lands 
of the owner of any such levee, dyke or embankment and take there¬ 
from any earth, sand, stone or other material for the purpose of 
making such improvement or repairs, without being liable for tres¬ 
pass or the value thereof. 

2530. Work to be charged to party liable and to be a 
lien,] § 6. All such work done upon any such levee, dyke or em¬ 
bankment, by any city, town or village, shall be charged up to the 
party liable therefor, and shall be a lien upon any such levee, dyke, 
or embankment, and any connecting levee, dyke or embankment which 
forms a part of the system of levee protection intended for such 
city, town or village, belonging to the party so liable, notwith¬ 
standing the lines of levees may be disconnected by intervening 
ownerships. 

2531. How lien enforced.] § 7. If the expense incurred by 
any such city, town or village is not paid by such owner or person 
liable, within twenty days of the presentation of the bill therefor by 
the city, town or village clerk, when directed by the City Council 
or Board of Trustees, then such city, town or village may enforce 
the lien hereby created in any court of competent jurisdiction, in 
the same manner as mechanics’ liens are now enforced under the 
statute of this State, provided the sales under the decree for sale of any 
such levee, dyke or embankment shall be absolute and without re¬ 
demption. 

2532. Who may purchase at sale.] § 8. Any such city, 
town or village may become purchaser at any such sale, and when so 
purchased, the city, town or village may take immediate possession 
thereof, and use, own and contract as to the same in the same manner 
as if it had been originally built by the city, but if purchased by any 
other person or corporation, then such levee or embankment shall 
be subject to this statute in the same manner as it was in the hands 
of the original owner. 

2533. Repairs heretofore made—enforcing payment for—lien.] 

§ 9. Where any city, town or village has heretofore built or re¬ 
paired any part of any levee, dyke or embankment, when the orig¬ 
inal levee or embankment had been destroyed, or become insecure 
by the wash or abrasion of the rivers or the caving in of the banks, 
and the part so built or repaired formed a part of a system or levees 
surrounding any such city, town or village for the'purposes men- 




DRAINAGE. 


599 


tioned in this act, and the same is, or was, owned and controlled by 
any person or corporation or trustee, and such system of levees, dykes 
or embankments was originally intended by the builder or builders, 
and was necessary, as a protection to the site of any such city, town 
or village, and it was, at the time of the making of the improve¬ 
ments mentioned in this section, the duty of any such owner, either 
in law or equity, to maintain and keep in repair such system of 
levees or embankments, and that at the time of making such im¬ 
provement or repairs there appeared to be an emergency for the 
performance of such work, then any such city, town or village may 
have its action to recover back what it has expended in that re¬ 
gard, and may file its bill or petition as in case of mechanics’ lien, 
and the amount so expended shall be a lien upon the whole of such 
levee system belonging to the party so defaulting at the time of 
the filing of such bill, from the date of the filing of any such bill 
or petition, and it shall be no answer or defense that any such city, 
town or village made such expenditure, or did such work as was 
done, without authority of law, or the owners of the original levee. 

2534. Landing places — ordinances — tolls — grade-penalty.] 
§ io. Whenever the site of any city, town or village in this State 
is or has been located upon any of the navigable waters of this 
State or any of the navigable waters bordering this State, and the 
site thereof has been surrounded by levees or embankments to pre¬ 
vent overflow or inundation, and such levees are owned or con¬ 
trolled by private persons, corporations or trustees, and any part of 
such levee or embankment has been by the owner or owners thereof 
set apart for a landing place for vessels and water craft, and the place 
so set apart for a landing place, has been used by the public free of 
charge, by footmen, or for wagons, drays and other vehicles con¬ 
veying persons or property to and from said landing for a term of 
twenty years or more, and the owner thereof claims the right to 
collect wharfage, tolls or a reasonable compensation for the landing 
of steamboats or other water craft at any such landing place, then 
any such city, town or village may, by ordinance, determine the 
slope or grade of any such levee, so used for public landing pur¬ 
poses, and the payment thereof, and the rate of toll or compensation 
to be charged at such landing. It shall be the duty of the owner 
thereof to grade, pave and keep such slope in repair as directed 
by ordinance, and may enforce the same by proper penalties, or 
forfeitures of any right to collect wharfage at any such landing until 
the ordinances in that regard have been complied with, and may 
enforce the powers herein granted, by proper ordinances. 

2535. Stagnant water — nuisance—abatement.] § ii. Any 
city, town or village in this State wherein there are lots, blocks, or 
places wherein stagnant water is liable to stand, from surface water, 
or sipe water, or overflow, so that the same becomes a nuisance, or 
is dangerous to the public health of any such city, town or village, 
the corporate authorities thereof, may declare such lots, block or places 


600 


STATUTORY PROVISIONS. 


of land to be nuisances, and order the same filled to grade, or to 
such height as will prevent such standing water, and for the pur¬ 
pose of filling any such lots, blocks or places, such city, town or 
village may purchase or condemn lands, sand banks, or gravel, in 
the same manner as in other cases under this act. 

2536. Liability of proprietors for damages — insufficient 
levees.] § 12. In all cases where any person or persons, trustees, 
company or corporation, has heretofore, or shall hereafter lay out 
any city, town or village within this State, the site whereof is liable 
to overflow, and is surrounded in whole, or in part by a levee or 
embankment, and the owner or proprietors of the site of such city, 
town or village shall, or shall have, in laying out and platting the 
same, reserve or reserved, retain or retained, as private property, a 
strip or strips of land surrounding the site thereof for the purpose 
of building such levees or embankments thereon, and shall actually 
build such levees or embankments, and such persons or owners so 
laying out such city, town or village as aforesaid, shall, after the 
building of such levees or embankments to protect the site of any 
such city, town or village from overflow, sell, lease or convey by 
quit claim or deed in fee, or otherwise, any lots, blocks or lands 
within the district or territory surrounded by such levees or em¬ 
bankments, it shall from thenceforward become the duty of any such 
owner or person and their agents, representatives or assigns to 
keep and maintain in good repair such levees and embankments, and 
upon their failure so to do such persons, owners or assigns shall 
be liable to the owner or owners of any lots, blocks or lands lying 
within such levees, whether held by the original purchaser or his 
assigns, and such persons or owners of such levees or embankments 
shall be liable in damages to the owners of any personal property 
that may be injured by the giving away or insufficiency of any such 
levees or embankments, and may have their action on the case for 
any damage they may suffer by reason of the insufficiency, impair¬ 
ment or giving away of any such levees or embankment; or any 
number of such owners of lots, blocks or land, and owners of per¬ 
sonal property damaged as aforesaid, may join in a petition to any 
court of record of competent jurisdiction in this State for redress of 
grievances under this section,*setting forth the claims of each, and the 
aggregate of such claims; and such claims shall be a lien upon such 
levees or embankments, and all the unsold lands or lots of the pro¬ 
prietors of such city, town or village within such levee inclosure, from 
the date of the filing of such petition; and the proceeding shall be the 
same as in mechanics’ lien. 

2537. Proceedings where land below grade.] § 13. In any 
city, village or town in this State wherein there are lots, blocks or par¬ 
cels of land within the district or districts where the grade shall have 
been established and fixed as provided for in section 11 , below such 
grade whereon water is liable to drain or accumulate from such drain¬ 
age, or from rains or sipe water, and stand thereon, thereby endanger- 


DRAINAGE. 


601 


ing the public health, it shall be lawful for the city council in cities, 
and the board of trustees in towns and villages, by ordinance, to de¬ 
clare all such lots, blocks or parcels of land, a public nuisance, and 
order notice to be served on the owner or owners of such lots, blocks 
or parcels of land so declared to be a public nuisance, to fill the same 
to the grade established for such streets under the provisions of sec¬ 
tion ii, within ten days. In case the owner or owners reside without 
this State, such notice may be served on their agent or agents, if such 
reside in this State, and if neither the agent nor owner resides in this 
State, then such notice may be given by publication for twenty days in 
a newspaper published in the city, town or village; and the specified 
time for the performance of such work shall begin to run from the date 
of the last publication. In case the owner or owners of any such lot, 
block or parcel of land shall fail to comply with the said order, and 
fill the same within the time allowed for the doing thereof, it shall be 
lawful for the city, town or village to do said filling at the least pos¬ 
sible cost, and the expense thereof shall be a first lien in favor of such 
city, town or village upon the entire interest of the ownor or owners in 
said lot, block or parcel of land; and for the purpose of enforcing said 
lien, any city, town or village may file its petition in the circuit court 
of the county where such city, town or village is situated, which court 
is hereby given exclusive jurisdiction thereof, stating the passage of 
die ordinance declaring such lot a nuisance, the giving of the notice 
aforesaid, the failure of the owner or owners to comply therewith, the 
expense incurred by the city, town or village in filling the same, and 
on proof thereof, and that the owner has been notified of the pendency 
of the proceedings, in the same manner as now provided by law for 
notifying defendants of the pendency of chancery causes, the court 
shall decree the payment of such sum with interest and costs within 
twenty days, and that such city, town or village have a lien on the lot, 
etc., therefor, and also that said lot, etc., be sold in the manner and by 
the officer designated by the court, on failure to pay said sum found 
due with interest and costs, without redemption, and the court shall 
direct a deed to be made to the purchaser by the officer so making the 
sale, which shall vest in the purchaser all the right, title and interest of 
the owner or owners of any such lot, block or parcel of land. Any 
mortgagee of any such lot, block or parcel of land shall be taken and 
considered an owner thereof within the meaning of this act. 

2538. Emergency.] § 14. Whereas, the unprecedented high 
waters of the Ohio river and its tributaries, has occasioned great in¬ 
jury to many levees and embankments, and the work of repairs and 
improvements should commence as soon as the high water recedes: 
therefore, an emergency exists, and this act shall take effect, and be 
in force, from and after its passage. 


602 


STATUTORY PROVISIONS. 


IMPROVEMENT DISTRICTS. 

An Act to divide cities and villages subject to overflow and inundation into 
improvement districts, and to provide ways and means to raise the 
streets, lots and blocks above the line of overflow. [Approved and in 
force May 29, 1883.] 

2539. Improvement districts — grade— special assessments.] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: Any city or village of this State incor¬ 
porated under the general law for the incorporation of cities and vil¬ 
lages, or under any special charter, the site of which is wholly or 
partially subject to overflow, and which site is or may be surrounded 
in whole or in part by levees, dykes or embankments to prevent over¬ 
flow, may lay off such city or village, or any part thereof into what 
shall be known or called improvement districts, and may fix the grade 
of the streets, avenues, alleys or public grounds within such improve¬ 
ment district or districts, at a height above the natural surface of the 
earth to correspond with the height of the levees, dykes or embank¬ 
ments surrounding or partially surrounding such city or village, or 
above, if deemed necessary, in such manner and to such height as will 
give a surface drainage from such improvement district to the river 
or rivers which cause such overflow, and may require low lots, blocks 
or parts of blocks or lots, within such improvement district, to be filled 
in such manner as to prevent water from standing thereon, and so as 
to prevent the same from becoming a nuisance or injurious to the 
public health, in the judgment of the corporate authorities of such city 
or village. The work hereby authorized shall be done by special as¬ 
sessment or special taxation, and all the power in relation to special 
assessments or special taxation heretofore granted to any city or vil¬ 
lage in this State, or to any drainage or improvement district in this 
State, is hereby granted to such cities and villages under this act. 

2540. Survey—cost of work.] § 2. When anv such improve¬ 
ment district shall be created by ordinance under this act, it shall be 
the duty of the corporate authorities to cause an accurate survey of 
the work contemplated to be done or made, to be made by a compe¬ 
tent civil engineer, and cause plats, profiles, and estimates of the work 
to be done, including the cost of all walls or other structures neces¬ 
sary to be built or constructed to hold the earth to its proper place, 
and the cost of the work ooposite to, or adjacent to each lot in such 
district and the cost of the fill upon each and every lot within such dis¬ 
trict necessary to be filled to be used in estimating the benefits to be 
charged against the lot or block, or parts thereof, within such im¬ 
provement district; and in estimating such benefits it shall be proper 
to take into consideration the benefit any such lot, block or parts 
thereof will receive by reason of being secured from overflow, or sipe 
water. 

2541. Improvement district may issue bonds—style and man¬ 
ner of proceeding*.] § 3. When any such improvement district 
or districts has or have been laid out and defined by any such city or 


DRAINAGE. 


603 


village, and the cost of the improvement estimated and ascertained 
by a competent engineer, and the benefits to the lots, blocks or parts 
thereof have been assessed, then such city or village may cause a series 
of bonds to be issued sufficient to pay the special assessments, or 
special tax, so ascertained for such district, and which bonds when so 
issued and endorsed as hereinafter provided for, shall be a lien upon 
the lots, blocks or parts thereof which shall be designated in such bond 
or bonds, such bond or bonds, to bear interest at a rate not exceeding 
six per cent., and may run for any term not exceeding twenty years, 
the style of the bond to be fixed and designated by ordinance; but 
before any bond shall issue, or be put in circulation, the owner or 
owners of any such lot or lots to be charged with such special as¬ 
sessment or assessments, or special tax, shall endorse upon the back 
of such bond or bonds, his or her consent thereto, in words in sub¬ 
stance as follows: 

I hereby endorse the within bond, and consent that the lot or lots, or parts 
thereof therein designated, shall become liable for the interest and principal 
therein named, and the same shall be a lien upon said property from this date 
until paid off and discharged. 

This.day of.188... 

.[Seal.] 

Said bond when prepared and executed by such city or village, and 
endorsed by the owner or owners of the property to be charged with 
the special assessment or special tax, shall be recorded in the recorder’s 
office of the county in which such city or village is located, and when 
so recorded such record shall be notice of the lien thereby created, to 
the same extent that records of mortgages are notices of the mortgage 
lien, and shall have the same force and effect. No coupon need be re¬ 
corded; the face of the bond and endorsement shall be sufficient. 

2542. Principal and interest of such bonds—how to be 
paid.] § 4. It shall be the duty of any city or village, issuing bonds 
under this act, to provide by ordinance for the collection of the inter¬ 
est and principal of such bonds from the property so charged with the 
special assessment or special tax, and shall be placed upon the tax 
books in the same manner that special assessments or special taxes 
now are, for collection, and shall be treated in the same manner and 
have the same effect as special assessments or special-tax now have 
under the statute—and such city or village shall not be liable for the 
interest or principal of any such bond or bonds, out of any fund ex¬ 
cept the special fund of the improvement district, to which the bond 
or bonds apply, and for the faithful enforcement of the ordinances 
providing for the collection of the interest and principal thereof. 

2543. When railroad company to share cost.] § 5. If any 
steam or horse railroad shall be located upon, or across any street in 
any such improvement district, then, in estimating the cost of the work, 
such railroad shall be charged with the fill upon such street or crossing 
in the proportion or amount that it would require or cost such railroad 
to make an independent embankment of the same height to receive its 





604 


STATUTORY PROVISIONS. 


track or tracks upon such street or crossing: Provided, that any such 
railroad shall have the same right to build its embankment, or make 
its proportion of the improvement as is allowed to individuals. If any 
such steam or horse railroad shall fail, or refuse to comply with the 
ordinances of any such city or village, in this regard, the track or 
tracks of any such delinquent railroad shall be taken and deemed to 
be a nuisance, and all rights of any such railroad- upon any such street 
or crossing shall be forfeited, and the rails and ties removed as the 
work progresses. 

2544. When property belongs to persons under disability.] 

§ 6 . If any property within any improvement district created under 
this act, shall belong to minor heirs, idiots, lunatics, or any person 
otherwise incapacitated to contract, the guardian, conservator, or other 
person in charge of any such estate, may apply to the circuit court of 
the county in which such city or village is located, by petition, for leave 
to endorse such bond or bonds, and when indorsed by order of the 
court, such endorsement shall have full force and effect in law. 

2545. Act enforced by ordinance.] § 7 . All the powers 
hereby granted to the corporate authorities of such cities and villages, 
may be put into full force and effect by proper ordinances, and the 
powers hereby granted shall be liberally construed by all courts in 
this State in order that full force and effect shall be given to this act. 

2546. Rights of the holders of bonds.] § 8 . The owner 
or holder of any such bond may, in addition to the powers hereby 
given to the cities or villages, under this act, to collect the interest 
and principal, have his or her personal remedy in any court upon the 
endorser upon his endorsement, for failure to pay interest or prin¬ 
cipal; and in case of two successive failures by any person liable to pay 
the interest on any such bond, such bond shall be held to be due, and 
the holder may enforce his lien for interest and principal by fore¬ 
closure in any court of this State of competent jurisdiction. 

2547. Emergency.] § 9 . Whereas there are cities and vil¬ 
lages in this State that are subject to overflow, and have suffered 
severely by the recent floods and inundations, and the best time for suc¬ 
cessful work in filling is in the spring months, therefore an emergency 
exists, and this act shall take effect and be in force from and after its 
passage. 

DRAINS AND PUMPING WORKS FOR DRAINAGE. 

An Act to vest the corporate authorities of cities and villages with power 
to construct, maintain and keep in repair drains, ditches, levees, dykes 
and pumping works for drainage purposes by special assessment upon the 
property benefited thereby. [Approved June 22, 1885. In force July 1, 
1885.] 

2548. Cities and villages empowered to construct drains, 
etc.] § 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That the corporate authorities 
of cities and villages are hereby vested with power to construct drains, 


DRAINAGE. 


605 


ditches, levees and dykes, to erect pumping’ works, and to acquire 
the necessary land and machinery for such purposes, and otherwise to 
provide for draining any portion of the lands within their corporate 
limits, by special assessment upon the property benefited thereby. 

2549. Drainage improvementsjpaid^by^special assessments.] 

§ 2. That the corporate authorities of cities and villages are hereby 
vested with the power to maintain and keep in repair such drains, 
ditches, levees, dykes, pumping works and machinery and such drain¬ 
age improvement by special assessment upon the property benefited 
thereby: Provided, that no lot, block, tract or parcel of land shall be 
assessed more than once in any one year for such maintenance and 
repair. 

2550. Proceedings in.] § 3. All the proceedings for the 
making of the improvements in this act mentioned, and for the main¬ 
tenance and repair thereof, and for the levy and collection of the 
special assessments to defray the cost of the same, shall be in ac¬ 
cordance with the provisions of article nine of the general act for the 
incorporation of cities and villages, approved April 10, 1872. 

CHICAGO A DRAINAGE DISTRICT. 

An Act to organize the city of Chicago into a drainage district and to de¬ 
fine the powers and duties of the corporate authorities thereof. [Ap¬ 
proved June 6, 1887. In force July I, 1887.] 

2551. Organizes fcChicago^ into^a drainage district.] § i. 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That the City of Chicago is hereby organized as a 
drainage district, and the corporate authorities of such city may exer¬ 
cise the powers conferred by an act entitled “An act to vest the cor¬ 
porate authorities of cities and villages with power to construct, main¬ 
tain and keep in repair drains, ditches, levees, dykes and pumping 
works for drainage purposes, by special assessment upon the prop¬ 
erty benefited thereby,” approved June 22, 1885, and are hereby vested 
with the further powers hereinafter granted. 

2552. Power of corporate authorities —^location of cut-off.] 
§ 2. Such corporate authorities may lay out, construct and main¬ 
tain a cut-off drain or ditch for the diversion of the flood waters of 
the Desplaines river into Lake Michigan at some point north of the 
city of Chicago, for the relief and in aid of the drainage system estab¬ 
lished or to be established within said district, the location and route, 
dimensions and capacity of such cut-off to be determined by said 
corporate authorities. If the location of such cut-off shall 
occupy a portion of the North Branch of the Chicago river, said 
North Branch may be widened and deepened as shall be required. 
Such cut-off or diversion may be so constructed and maintained as 
to answer the purpose of a drain for the lands through which it shall 
pass, and such corporate authorities may allow. said lands to be 
drained into the same upon such terms and conditions as they may 



606 


STATUTORY PROVISIONS. 


determine: Provided, such corporate authorities shall not be allowed 
to interfere with any right of drainage which the owners of land have 
or would have, if such cut-off had not been made. 

2553. Desplaines river — diversion of water.] §3. No 
more of the water of the Desplaines river shall be diverted by any such 
cut-off than the excess above the ordinary water mark in said stream. 
At the point of diversion there shall be constructed and maintained 
such dams and sluices as shall control and regulate the amount of 
such diversion at all times. During dry weather no water shall be 
diverted into Lake Michigan and during floods no more water shall 
be allowed to pass said point of diversion down the river than three 
thousand (3,000) cubic feet per second. 

2554. May construct dam across Mud Lake Valley.] § 4- 
Such corporate authorities may construct and maintain, if the same 
shall be found desirable and expedient, a dam across what is known 
as the Mud Lake Valley on or near the west line of sections 6 and 
7, township 38 north, range 13, east of the third principal meridian, 
of such dimensions and elevation as may be determined upon. 

2555. Right of way.] §^5. Such corporate authorities 
may acquire by purchase, gift, condemnation or otherwise all the 
real and personal property, rights of way and easements within or 
without the district necessary for the construction and maintenance of 
the works hereby authorized, and shall have the same control and juris¬ 
diction of the property without as of that within the district. They 
shall have the right to construct the cut-off herein authorized, across, 
under, over, along, or upon any water course, street, highway, public 
ground, railroad or turnpike which the route of the same may inter¬ 
sect or touch; but shall not interrupt the use thereof longer nor to a 
greater extent than shall be necessary for the purpose. 

2556. Condemnation of property.] § 6. Whenever it shall 
be necessary to take or damage private property, for any purpose 
contemplated by this act, whether within or without said drainage 
district, the compensation therefor may be ascertained and the pro¬ 
ceedings for the condemnation thereof may be had in the manner 
provided in article nine of an act entitled “An act to provide for the 
incorporation of cities and villages/’ approved April 10, 1872, and the 
cost of constructing and maintaining the improvements herein pro¬ 
vided for may be defrayed by special assessment upon the property 
benefited thereby within such district only. Said assessments to be 
levied and collected as provided in said article nine. 

SANITARY DISTRICTS. 

An Act to create sanitary districts and to remove obstructions in the Des¬ 
plaines and Illinois rivers. [Approved May 29, 1889. In force July 1, 
1889.] 

2557. Incorporating sanitary district—petition—vote—com¬ 
missioners.] § 1. Be it enacted by the People of the State of Illi- 


DRAINAGE. 


607 


nois, represented in the General Assembly, That whenever any area of 
contiguous territory within the limits of a single county shall contain 
two or more incorporated cities, towns or villages, and shall be so situ¬ 
ated that the maintenance of a common outlet for the drainage thereof 
will conduce to the preservation of the public health, the same may be 
incorporated as a sanitary district under this act, in the manner follow¬ 
ing: Any 5,000 legal voters resident within the limits of sucji pro¬ 
posed sanitary district may petition the county judge of the county 
in which they reside to cause the question to be submitted to the legal 
voters of such proposed district whether they will organize as a sanitary 
district under this act. Such petition shall be addressed to the county 
judge, and shall contain a definite description of the territory intended 
to be embraced in such district, and the name of such proposed sani¬ 
tary district: Provided, however, that no territory shall be included 
in any municipal corporation formed hereunder which is not situated 
within the limits of a city, incorporated town or village, or within three 
miles thereof, and no territory shall be included within more than one 
sanitary district under this act. Upon the filing of such petition in the 
office of the county clerk of the county in which such territory is situ¬ 
ated it shall be the duty of the county judge to call to his assistance 
two judges of the Circuit Court and such judges shall constitute a 
board of commissioners which shall have power and authority to con¬ 
sider the boundaries of any such proposed sanitary district, whether 
the same shall be described in such petition or otherwise. Notice 
shall be given by such county judge of the time and place where such 
commissioners will meet, by a publication inserted in one or more 
daily papers published in such county, at least twenty days prior to 
such meeting. At such meeting the county judge shall preside, and 
all persons in such proposed sanitary district shall have an opportu¬ 
nity to be heard touching the location and boundary of such proposed 
district and make suggestions regarding the same, and such commis¬ 
sioners, after hearing statements, evidence and suggestions, shall fix 
and determine the limits and boundaries of such proposed district, and 
for that purpose and to that extent, may alter and amend such peti¬ 
tion. After such determination by said commissioners, or a majority 
of them, the county judge shall submit to the legal voters of the pro¬ 
posed sanitary district the question of the organization and establish¬ 
ment of the proposed sanitary district, as determined by said com¬ 
missioners, at an election to be held on the first Tuesday after the first 
Monday in November thence next ensuing, notice whereof shall be 
given by said commissioners, at least twenty days prior thereto, by 
publication in one or more daily papers published within such pro¬ 
posed sanitary district, such notice to specify briefly the purpose of 
such election, with a description of such proposed district. Each 
legal voter resident within such proposed sanitary district shall have 
the right to cast a ballot at such election, with the words thereon, 
“For Sanitary District,” or, “Against Sanitary District.” The ballots 
so cast shall be received, returned and canvassed in the same manner 


608 


STATUTORY PROVISIONS. 


and by the same officers as is provided by law in the case of ballots 
cast for county officers. The county judge shall cause a statement 
of the result of such election to be spread upon the records of the 
County Court. If a majority of the votes cast upon the question of 
the incorporation of the proposed sanitary district shall be in favor of 
the proposed sanitary district, such proposed district shall thenceforth 
be deemed an organized sanitary district under this act. 

2558 . Judicial notice of district—organization—election of 
officers.] § 2. All courts in this State shall take judicial notice of 
the existence of all sanitary districts organized under this act. Upon 
the organization of any sanitary district under this act the county 
judge shall call an election to elect officers and cause notice thereof 
to be posted or published, and perform all other acts in reference to 
such election in like manner as nearly as may be, as he is required to 
perform in reference to the election of officers in newly organized 
cities under the provisions of an act entitled “An act to provide for the 
incorporation of cities and villages,” approved April io, 1872. 

2559 . Trustees—election and terms of.] § 3. In each sani¬ 

tary district organized under this act, there shall be elected nine trus¬ 
tees who shall hold their offices for five years, and until their succes¬ 
sors are elected and qualified, except the term of office of the first 
trustees elected, shall be until five years after the first Monday in 
December after their election. The election of trustees, after the first, 
shall be on the Tuesday next after the first Monday in November in 
every fifth year. In all elections for trustees each qualified voter 
may vote for as many candidates as there are trustees to be elected, 
or he may distribute his vote among not less than five-ninths of the 
candidates to be elected, giving to each of the candidates among whom 
he distributes the same, the same number of votes or fractional parts 
of votes. The trustees shall choose one of their number president, 
and such sanitary district shall from the time of the first election held 
by it under this act be construed in law and equity a body corporate 
and politic and by the name and style of the sanitary district of . . , 

and by such name and style may sue and be sued, contract and be con¬ 
tracted with, acquire and hold real estate and personal property neces¬ 
sary for corporate purposes, and adopt a common seal and alter the 
same at pleasure. 

2560. Trustees constitute a board—duties and powers of.] 

§ 4 . The trustees elected in pursuance of the foregoing provisions 
of this act shall constitute a board of trustees for the district by which 
they are elected, which board of trustees is hereby declared to be the 
corporate authorities of such sanitary district, and shall exercise all 
the powers and manage and control all the affairs and property of such 
district. Said board of trustees shall have the right to elect a clerk, 
treasurer, chief engineer and attorney for such municipality, who shall 
hold their respective offices during the pleasure of the board, and who 
shall give such bond as may be required by said board. Said board 
may prescribe the duties and fix the compensation of all the officers 


DRAINAGE. 


609 


and employes of said sanitary district: Provided, however, that the 
salary of the president of said board of trustees shall in no case exceed 
the sum of four thousand dollars per annum: and the salary of the 
other members of said board shall not exceed three thousand dollars 
per annum. And provided further, that the amount received by any 
attorney shall not exceed the sum of five thousand dollars ($5,000) 
per annum. Said board of trustees shall have full power to pass all 
necessary ordinances, rules and regulations for the proper manage¬ 
ment and conduct of the business of said board of trustees and of said 
corporation, and for carrying into effect the objects for which such 
sanitary district is formed. 

2561. Ordinances making appropriation—publication of.] § 5 . 

All ordinances making any appropriations shall, within one month 
after they are passed, be published at least once in a newspaper pub¬ 
lished in such district, or if no such newspaper of general circulation 
is published therein, by posting copies of the same in three public 
places in the district; and no such ordinance shall take effect until ten 
days after it is so published, and all other ordinances, orders and reso¬ 
lutions, shall take effect from and after their passage unless otherwise 
provided therein. 

2562. Ordinances and resolutions—evidence.] § 6. All ordi¬ 
nances, orders and resolutions, and the date of publication thereof, 
may be proven by the certificate of the clerk, under the seal of the 
corporation, and when printed in book or pamphlet form, and purport¬ 
ing to be published by the board of trustees and such book or pam¬ 
phlet shall be received as evidence of the passage and legal publica¬ 
tion of such ordinances, orders and resolution, as of the dates men¬ 
tioned in such book, or pamphlet in all courts and places without fur¬ 
ther proof. 

2563. Board of trustees—powers of.] § 7. The board of 
trustees of any sanitary district organized under this act shall have 
power to provide for the drainage of such district by laying out, estab¬ 
lishing, constructing and maintaining one or more main channels, 
drains, ditches and outlets for carrying off and disposing of the drain¬ 
age (including the sewage) of such district, together with such ad¬ 
juncts and additions thereto as may be necessary or proper to cause 
such channels or outlets to accomplish the end for which they are 
designed in a satisfactory manner; also to make and establish docks 
adjacent to any navigable channel made under the provisions hereof 
for drainage purposes, and to lease, manage and control such docks, 
and also to control and dispose of any water-power which may be inci¬ 
dentally created in the construction and use of said channels or outlets, 
but in no case shall said board have any power to control water after it 
passes beyond its channel, waterways, races or structures into a river 
or natural waterway or channel, or water-power or docks situated on 
such river or natural waterway or channel: Provided, however, noth¬ 
ing in this act shall be construed to abridge or prevent the State from 
hereafter requiring a portion of the funds derived from such water- 

39 


610 


STATUTORY PROVISIONS. 


power, dockage or wharfage to be paid into the State Treasury to be 
used for State purposes. Such channels or outlets may extend out¬ 
side of the territory included within such sanitary district and the 
rights and powers of said board of trustees over the portion of such 
channel or outlet lying outside of such disrrict shall be the same as 
those vested in said board over that portion of such channels or outlets 
within the said district. 

2564. Right of way—how acquired.] § 8. Such sanitary 
district may acquire by purchase, condemnation, or otherwise any and 
all real and personal property, right of way and privilege, either within 
or without its corporate limits that may be required for its corporate 
purposes: Provided, all moneys for the purchase and condemnation 
of any property shall be paid before possession is taken, or any work 
done on the premises damaged by the construction of such channel 
or outlet, and in case of an appeal from the county court taken by 
either party whereby the amount of damages is not finally determined, 
the amount of judgment in such court shall be deposited at some bank 
to be designated by the judge thereof subject to the payment of such 
damages on orders signed by such county judge, whenever the amount 
of damages is finally determined; and when not longer required for 
such purposes, to sell, convey, vacate and release the same, subject to 
the reservation contained in section 7, relating to water-powers and 
docks. 

2565. May borrow money — limitation.] § 9. The cor¬ 
poration may borrow money for corporate purposes and may issue 
bonds therefor, but shall not become indebted, in any manner, or for 
any purpose, to an amount in the aggregate to exceed five per 
centum on the valuation of taxable property therein, to be ascertained 
by the last assessment for State and county taxes previous to the 
incurring of such indebtedness: Provided, however, that said five per 
centum shall not exceed the sum of fifteen million dollars ($15,000,000). 

2566. To provide for direct annual tax—net earnings.] 
§ 10. At the time or before incurring any indebtedness, the 
board of trustees shall provide for the collection of a direct annual 
tax sufficient to pay the interest on such debt as it falls due, and also 
to pay and discharge the principal thereof as the same shall fall due, 
and at least within twenty years from the time of contracting the 
same: Provided, that the net earnings from water-power and docks 
may be appropriated and applied to the purpose of paying the inter¬ 
est or principal of such indebtedness, or both, and to the extent that 
they will suffice, the direct tax may be remitted. 

2567. Contracts —how let.] § 11. All contracts for work 
te be done by such municipality, the expense of which will exceed five 
hundred dollars, shall be let to the lowest responsible bidder therefor 
upon not less than sixty days’ public notice of the terms and condi¬ 
tions upon which the contract is to be let having been given by 
publication in a newspaper of general circulation published in said 
district, and the said board shall have the power and authority to 


DRAINAGE. 


611 


reject any and all bids, and re-advertise: Provided, no person shall 
be employed on said work unless he be a citizen of the United States, 
or has in good faith declared his intentions to become such citizen. 
In all cases where an alien after filing his declaration of intention to 
become a citizen of the United States shall for the space of three 
months after he could lawfully do so, fail to take out his final papers 
and complete his citizenship, such failure shall be prima facie evi¬ 
dence that his declaration of intentions was not made in good faith. 
And that eight hours shall constitute a day’s work. 

2568. Trustees may levy and collect taxes, etc.] § 12 . 
The board of trustees may levy and collect taxes for corporate pur¬ 
poses upon property within the territorial limits of such sanitary dis¬ 
trict, the aggregate amount of which for each of the years 1895 , 
1896 and 1897 shall not exceed one and one-half per centum of the 
value of the taxable property within the corporate limits, as the same 
shall be assessed and equalized for the state and county taxes of the 
year in which the levy is made, and the aggregate amount of which 
in any one year after the year 1897 shall not exceed one-half of one 
per centum of such value. Said board shall cause the amount re¬ 
quired to be raised by taxation in each year to be certified to the 
county clerk on or before the second Tuesday in August, as pro¬ 
vided in section one hundred and twenty-two of the general revenue 
law. All taxes so levied.and certified shall be collected and enforced 
in the same manner and by the same officers as state and county 
taxes, and shall be paid over by the officer collecting the same to the 
treasurer of the sanitary district in the manner and at the time pro¬ 
vided by the general revenue law. [As amended by Act which became 
a law June 10 , 1895 . In force July 1 , 1895 .] 

2569. Expenses of improvement — special assessments — 

general tax.] § 13. The board of trustees shall have power 

to defray the expenses of any improvement made by it in the execu¬ 
tion of the powers hereby granted to such incorporation, by special 
assessment or by general taxation, or partly by special assessment 
and partly by general taxation, as they shall by ordinance prescribe. 
It shall constitute no objection to any special assessment, that the 
improvement for which the same is levied is partly outside the limits 
of such incorporation, but no special assessment shall be made upon 
property situated outside of such sanitary district, and in no case shall 
any property be assessed more than it will be benefited by the im¬ 
provement for which the assessment is levied. The proceedings for 
making, levying, collecting and enforcing of any special assessment 
levied hereunder, shall be the same as nearly as may be as is pre¬ 
scribed by article nine of an act entitled “An act to provide for the 
incorporation of cities and villages,” approved April 10, 1872. When¬ 
ever in said act the words “city council” are used, the same shall 
apply to the board of trustees constituted by this act, and the words 
applying to the city or its officers in that article shall be held to 
apply to the corporation hereby created and to its officers. 


612 


STATUTORY PROVISIONS. 


2570. Assessment — installments—-interest.] § 14 - When 
any assessment is made under this act, the ordinance authorizing' such 
assessment may provide that it be divided into equal annual install¬ 
ments, not more than twenty in number, and fix the amount and time 
of payment of each installment, and that the installment shall bear 
interest at a rate not exceeding six per cent, per annum, payable 
annually, from the date fixed in said ordinance, and the several in¬ 
stallments and interests thereon may be collected and enforced, as 
they shall become due, in the manner provided for the enforcement of 
assessments under said Article 9. No more of any assessment need 
be returned or certified to the county collector than will show the 
amount due and unpaid at the time of such return, and no sale of 
any parcel of land for any installment of an assessment shall dis¬ 
charge the premises from any subsequent installment of the same 
or any other assessment. Any one or all of the installments may be 
paid any time after the assessment is confirmed, with accrued inter¬ 
est, if any, to the date of payment. 

2571. When assessments payable by installments — bonds 
may be issued.] § 15. Where any assessment is made pay¬ 
able in installments the board of trustees may issue bonds or certifi¬ 
cates not exceeding in amount eighty per centum of the unpaid 
portion of such assessment at the date of the issue thereof, payable 
only out of such assessment, and bearing interest at a rate not ex¬ 
ceeding the rate of interest upon the installments of such assess¬ 
ments. The board of trustees shall have the right to call in and pay 
off said bonds or certificates as fast as there is money received into the 
treasury from the assessment against which the same are issued, and 
all moneys received upon such assessment shall be applied to the 
payment of said certificates or bonds until they are fully satisfied. 

2572. Private property — how taken for improvement. ] 
§ 16. Whenever the board of trustees of any sanitary district 
shall pass an ordinance for the making of any improvement which such 
district is authorized to make, the making of which will require that 
private property should be taken or damaged, such district may cause 
compensation therefor to be ascertained, and condemn and acquire 
possession thereof in the same manner as nearly as may be as is 
provided in an act entitled, “An act to provide for the exercise of the 
right of eminent domain,” approved April 10, 1872: Provided, how¬ 
ever, that proceedings to ascertain the compensation to be paid for 
taking or damaging private property shall in all cases be instituted 
in the county where the property sought to be taken or damaged 
is situated: And provided, that all damages to property whether de¬ 
termined by agreement or by final judgment of court shall be paid 
out of the annual district tax, prior to the payment of any other debt 
or obligation. 

2573 . May acquire right of way.l § 17. When it shall 
be necessarv in making any improvements which any district 
is authorized by this act to make, to enter upon any public property 



DRAINAGE. 


613 


01 property held for public use, such district shall have the power so 
to do and may acquire the necessary right of way over such property 
held for public use in the same manner as is above provided for ac¬ 
quiring private property, and may enter upon, use, widen, deepen and 
improve any navigable or other waters, waterways, canal or lake: 
Provided, the public use thereof shall not be unnecessarily interrupted 
or interfered with, and that the same shall be restored to its former use¬ 
fulness as soon as practicable: Provided, however, that no such district 
shall occupy any portion of the Illinois and Michigan canal outside of 
the limits of the county in which such district is situated for the site of 
any such improvement, except to cross the same, and then only in 
such a way as not to impair the usefulness of saiu canal, or to the 
injury of the right of the State therein, and only under the direction 
and supervision of the canal commissioners: And, provided further, 
that no district shall be required to make any compensatio- for the 
use of so much of said canal as lies within the limits of the county 
in which said district is situated except for transportation purposes. 

2574. Special assessment—damage to property, and cost 
of acquiring.] § 18. In making any special assessment for any im¬ 
provement which requires the taking or- damaging of property, the 
cost of acquiring the right to damage or take such property may be 
estimated and included in the assessment as a part of the cost of mak¬ 
ing such improvement. 

2575. Liability of sanitary district for damages.] § 19. 
Every sanitary district shall be liable for all damages to real 
estate within or without such district which shall be overflowed 
or otherwise damaged by reason of the construction, enlargement 
or use of any channel, ditch, drain, outlet or other improvement 
under the provisions of this act; and actions to recover such dam¬ 
ages may be brought in the county where such real estate is situate, 
or in the county where such sanitary district is located, at the option 
of the party claiming to be injured. And in case judgment is ren¬ 
dered against such district for damage, the plaintiff shall also re¬ 
cover his reasonable attorney’s fees to be taxed as costs of suit: Pro¬ 
vided, however, it shall appear on the trial that the plaintiff notified 
the trustees of such district, in writing, at least 60 days before suit 
was commenced by leaving a copy of such notice with some one of 
the trustees of such district stating that he claims damages to the 

amount of.dollars, by reason of (here insert the cause of 

damage) and intends to sue for the same: And, provided further, 
that the amount recovered shall be larger than the amount offered by 
said trustees (if anything) as a compromise for damages sustained. 

2576. Capacity of channel or outlet.] § 20. Any channel 
or outlet constructed under the provisions of this act which shall 
cause the discharge of sewage into or through any river or stream 
of water beyond or without the limits of the district constructing 
the same shall be of sufficient size and capacity to produce a con¬ 
tinuous flow of water of at least two hundred cubic feet per minute 



G14 


STATUTORY PROVISIONS. 


for each one thousand of the population of the district drained thereby, 
and the same shall be kept and maintained of such size and in such 
condition that the water thereof shall be neither offensive or in¬ 
jurious to the health of any of the people of this State; and before 
any sewage shall be discharged into such channel or outlet, all gar¬ 
bage, dead animals and parts thereof, and other solids shall be taken 
therefrom, and said district shall, at the time any sewage is turned 
into or through any such channel or channels, turn into said chan¬ 
nel or channels not less than twenty thousand cubic feet of water 
per minute for every one hundred thousand inhabitants of said 
district, and shall thereafter maintain the flow of such quantity of 
water. [As amended by Act which became a law June io, 1895. In 
force July 1, 1895.] 

2577 . Sanitary district — failure to comply with act— 
remedy — penalty.] § 21. In case any sanitary district in this 
State formed under the provisions of this act shall introduce sewage 
into any river or stream of water, or natural or artificial watercourse, 
beyond or without the limits of such district, without conforming to 
the provisions of this act, or having introduced such sewage into 
such watercourse, shall fail to comply with any of the provisions 
of this act, an action to enforce compliance, shall be brought by the 
Attorney General of this State in the courts of any county wherein 
such watercourse is situate, or he may authorize the State’s At¬ 
torney of any such county to commence and prosecute such action 
in any such county: Provided, that nothing in this section con¬ 
tained shall be construed to prevent the prosecution of any action 
or proceeding by individuals or bodies corporate or politic against such 
district. 

2578 . Act— how construed.] § 22. Nothing in this act con¬ 
tained shall be so construed as to constitute a contract or grant 
between the State of Illinois and any sanitary district formed under 
its provisions, or to prevent, debar or deprive the .State of Illinois 
from, at any time in the future, altering, amending or repealing this 
act, or imposing any conditions, restrictions or requirements other, 
different or additional to any herein contained upon any sanitary dis¬ 
trict which may be formed hereunder. 

2579 . Channel—how to be constructed.] § 23. If any chan¬ 
nel is constructed under the provisiors hereof by means of which 
any of the waters of Lake Michigan shall be caused to pass into the 
Desplaines or Illinois river, such channel shall be constructed of 
sufficient size and capacity to produce and maintain at all times a 
continuous flow of not less than 300,000 cubic feet of water per 
minute, and to be of a depth of not less than fourteen feet, and a 
current not exceeding three miles per hour, and if any portion of 
any such channel shall be cut through a territory with a rocky stratum 
where such rocky stratum is above a grade sufficient to produce a depth 
of water from Lake Michigan of not less than eighteen feet, such por¬ 
tion of said channel shall have double the flowing capacity above pro- 


DRAINAGE. 


(315 


vided for, and a width of not less than one hundred and sixty feet 
at the bottom capable of producing a depth of not less than eighteen 
feet of water. If the population of the district draining into such 
channel shall at any time exceed 1,500,000, such channel shall be 
made and kept of such size and in such condition that it will pro¬ 
duce and maintain at all times a continuous flow of not less than 
20,000 cubic feet of water per minute for each 100,000 of the popula¬ 
tion of such district, at a current of not more than three miles per 
hour, and if at any time the general government shall improve the 
Desplaines or Illinois rivers, so that the same shall be capable of 
receiving a flow of 600,000 cubic feet of water per minute, or more, 
from said channel, and shall provide for the payment of all dam¬ 
ages which any extra flow above 300,000 cubic feet of water per 
minute from such channel may cause to private property so as to 
save harmless the said district from all liability therefrom-, then 
such sanitary district shall within one year thereafter, enlarge the 
entire channel leading into said Desplaines or Illinois rivers from 
said district to a sufficient size and capacity to produce and maintain 
a continuous flow throughout the same of not less than 600,000 cubic 
feet of water per minute, with a current of not more than three miles 
per hour, and such channel shall be constructed upon such grade 
as to be capable of producing a depth of water not less than eighteen 
feet throughout said channel, and shall have a width of not less than 
one hundred and sixty feet at the bottom. In case a channel is 
constructed in the Desplaines river as contemplated in this section, it 
shall be carried down the slope between Lockport and Joliet to the 
pool commonly known as the upper basin of sufficient width and 
depth to carry off the water the channel shall bring down from above. 
The district constructing a channel to carry water from Lake Michi¬ 
gan of any amount authorized by this act, may correct, modify and 
remove obstructions in the Desplaines and Illinois rivers wherever 
it shall be necessary so to do to prevent overflow or damage along 
said river, and shall remove the dams at Henry and Copperas Creek 
in the Illinois river, before any water shall be turned into 
the said channel. And the canal commissioners, if they 

shall find at any time that an additional supply of water 
has been added to either of said rivers, by any drainage 

district or districts, to maintain a depth of not less than six feet from 
any dam owned by the State, to and into the first lock of the Illinois 
and Michigan Canal at La Salle, without the aid of any such dam 
at low water, then it shall be the duty of said canal commissioners 
to cause such dam or dams to be removed. This act shall not be 
construed to authorize the injury or destruction of existing water 
power rights. 

2580. Channel, when completed—control of.] § 24. When 
such channel shall be completed, and the water turned therein, to the 
amount of three hundred thousand cubic feet of water per minute, 
the same is hereby declared a navigable stream, and whenever the 


616 


STATUTORY PROVISIONS. 


general government shall improve the Desplaines and Illinois rivers 
for navigation, to connect with this channel, said. general govern¬ 
ment shall have full control over the same for navigation purposes, 
but not to interfere with its control for sanitary or drainage purposes. 

2581. May permit territories outside to drain, etc.] § 25 * 
Any district formed hereunder shall have the right to permit terri¬ 
tory lying outside its limits and within the same county to drain 
into and use any channel or drain made by it, upon such payments, 
terms and conditions as may be mutually agreed upon, and any 
district formed hereunder is hereby given full power and authority 
to contract for the right to use any drain or channel which may be 
made by any other sanitary district, upon such terms as may be 
mutually agreed upon, and to raise the money called for by any 
such contract in the same way and to the same extent as such dis¬ 
trict is authorized to raise money for any other corporate purposes: 
Provided, that where the united flow of any sanitary districts thus 
co-operating shall pass into any channel constructed within the limits 
of the county wherein such districts are located, and which passes 
into the Desplaines or Illinois rivers, such united flow shall in no case 
and at no time be less than 20,000 cubic feet of water per minute for 
each one hundred thousand of the aggregate of the population of 
the districts co-operating: Provided, nothing in this act shall in any 
wise be so construed as to diminish, impair or remove any right or 
rights of any city, village, township or corporation, body politic or in¬ 
dividual situated on the Desplaines or Illinois rivers or their tribu¬ 
taries and within the valleys of the same to use the channel for drain¬ 
age or otherwise not inconsistent with the rights of the district con¬ 
structing the same as expressed in this act. 

2582. When city or village owns waterworks, etc.] § 26. 
Whenever in any such sanitary district there shall be a city, incorporated 
town or village, which owns a system of waterworks and supplies water 
from a lake or other source which will be saved and preserved from 
sewage pollution, by the construction of the main channel, drain, ditch 
or outlet herein provided for, and the turning cf the sewage of such 
city and district therein, and there shall be in such sanitary district 
any territory bordering on any such city, incorporated town or village 
within the limits of another city, incorporated town or village, which 
does not own any system of waterworks, at the time of the creation of 
such sanitary district, then upon application by the corporate authorities 
of such latter named city, incorporated town or village the corporate 
authorities of such city, incorporated town or village having such 
system of waterworks shall furnish water at the boundary line between 
such municipalities by means of its waterworks to the corporate au¬ 
thorities asking for the same in such quantities as may be required to 
supply consumers within said territory, at no greater price or charge 
than it charges and collects of consumers, within its limits for water 
furnished through meters in like large quantities. 

2583. When channel constructed — commissioners to he ap- 


DRAINAGE. 


617 


pointed to inspect its work.] § 27. If any channel shall be con¬ 
structed under the provisions of section 23 of this act, it shall be the 
duty of the trustees of such district, when such channel shall be com¬ 
pleted, and before any water or sewage shall be admitted therein, to 
duly notify, in writing, the Governor of this State of such fact; and 
the Governor shall thereupon appoint three discreet persons as com¬ 
missioners, one of whom shall be a resident of the city of Joliet, or be¬ 
tween said city and the city of La Salle, and one a resident of the city 
of Peoria, or between said city and the mouth of the Illinois river, to 
inspect said work. The said commissioners shall, within ten days after 
such appointment meet at the city of Chicago, and shall appoint a com¬ 
petent civil engineer, and they may employ such other assistance as 
they may require to expeditiously perform their duties. The said com¬ 
mission shall take as their datum line for the survey the datum es¬ 
tablished by the Illinois and Michigan Canal Trustees in 1847, and 
shall make such examination and surveys of Chicago river and of the 
channel or channels authorized by this act as shall enable them to ascer¬ 
tain whether said channel is of the character and capacity required by 
this act. And in case they shall find the work in all respects in ac¬ 
cordance with the provisions of section 23 of this act, they shall so 
certify to the Governor, who shall thereupon authorize the water and 
sewage to be let into said channel. But in case said commissioners 
shall find said channel is not constructed in accordance with the pro¬ 
visions of this act, it shall be their duty to file in any court of com¬ 
petent jurisdiction, on the chancery side thereof, in their name as such 
commissioners, a bill against said corporation, which bill shall set forth 
wherein said work is deficient and fails to comply with the provision? 
of this act; and said court shall thereupon issue an injunction without 
bond against said defendant, enjoining and restraining it from admit¬ 
ting water or sewage into said channel until the final order of the court. 
And in case said court, upon hearing, shall determine that said channel 
is not constructed in accordance with the provisions of this act, said in¬ 
junction shall be continued until the provisions of this act shall have 
been fully complied with. 

Such commissioners and engineer shall receive for their services 
ten dollars per day each, and their reasonable expenses and outlays 
for the time by them necessarily employed in the discharge of their 
duties, which shall be paid to them from the State Treasury; and the 
said sanitary district shall reimburse the State for all expenses and 
disbursements on account of said commission. 

If any channel is constructed under the provisions of this act which 
shall discharge the sewage of a population of more than 300,000 into 
or through any river beyond or without the limits of the district con¬ 
structing it, the same shall be constructed in accordance with the pro¬ 
visions of section 23 of this act, and if any such channel receives its 
supply of water from any river or channel connecting with Lake 
Michigan it shall be construed as receiving its supply of waters from 
Lake Michigan. 


618 


STATUTORY PROVISIONS. 


SANITARY DISTRICT OF CHICAGO—POLICE POWER. 

An Act conferring police power upon the sanitary district of Chicago. [Ap¬ 
proved June 1 6 , 1893. In force July I, 1893.] 

2584. Power to appoint police force.] § 1 . Be it enacted 
by the People of the State of Illinois, represented in the General As¬ 
sembly: That the sanitary district of Chicago shall have the right and 
power to appoint and support a police force, the members of which 
may have and exercise police powers over and within its right of way 
and for a distance of one and one-half miles on each side of its main 
drainage channel, such police powers as are conferred upon and ex¬ 
ercised by the police of organized cities and villages; but such police 
force, when acting within the limits of such city or village, shall act 
in aid of the regular police force of such city or village, and shall then 
be subject to the direction of its chief of police, city or village mar¬ 
shals or other head thereof. 


DRAM SHOPS. 

An Act to provide for the licensing of and against the evils arising from the 
sale of intoxicating liquors. [Approved March 30, 1874. In force July 
1, 1874.] 

2585 . Dram shop defined.] §1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That a 
dram shop is a place where spirituous or vinous or malt liquors are 
retailed by less quantity than one gallon, and intoxicating liquors shall 
be deemed to include all such liquors within the meaning of this act. 

2586 . Selling liquor without license.] § 2. Whoever, not 
having a license to keep a dram shop, shall, by himself or another, 
either as principal, clerk or servant, directly or indirectly, sell any in¬ 
toxicating liquor in any less quantity than one gallon, or in any quan¬ 
tity to be drank upon the premises, or in or upon any adjacent room, 
building, yard, premises or place of public resort, shall be fined riot 
less than twenty dollars ($20) nor more than one hundred dollars 
($100), or imprisoned in the county jail not less than ten nor more than 
thirty days, or both in the discretion of the court. [ As amended by act 
approved May 18, 1877. In force July 1, 1877. L. 1877, p. 99.] 

2587 . How license may be granted.] § 3. The county 
boards of each county may grant licenses to keep so many dram shops 
in their county as they may think the public good requires, upon the 
application by petition of a majority of the legal voters of the town, 
if the county is under township organization, and if not under township 
organization, then of a majority of the legal voters of the election pre¬ 
cinct or district where the same is proposed to be located, and upon 



DRAM SHOPS. 


019 


the payment mco the county treasury of such sum as the board may 
require, not less than $50 nor more than >300 for each license, and 
upon compliance with the provisions of this act: Provided, such board 
shall not ’nave power to issue any license to keep any dram shop in 
any incorporated city, town or village, or within two miles of the 
same, in which the corporate authorities have authority to license, 
regulate, restrain or prohibit the sale of liquors, or in any place where 
the sale of intoxicating liquors is prohibited by law. 

2588. Form of license — rights under — may be revoked.] 
§ 4. The license shall state the time for which it is granted, which 
shall not exceed one year, the place where the dram shop is to be 
kept, and shail not be transferable, nor shall the person licensed keep a 
dram shop : t more than one place at the same time, and any license 
granted may be revoked by the county board whenever they shall be 
satisfied that the person licensed has violated any of the provisions 
of this act, or keeps a disorderly or ill-governed house or place of 
resort for idle or dissolute persons, or allows any illegal gaming in 
his dram shop, or any house or place adjacent thereto. 

2589. Bond—how taken —suit on.] § 5. No person shall be 
licensed to keep a dram shop, or to sell intoxicating liquors, by 
any county board, or the authorities of any city, town or village, unless 
he shall first give bond in the penal sum of $3,000, payable to the 
People of the State of Illinois, with at least two good and sufficient 
sureties, freeholders of the county in which the license is to be granted, 
to be approved by the officer who may be authorized to issue the 
license, conditioned that he will pay to all persons all damages that 
they may sustain, either in person or property, or means of support, 
by reason of the person so obtaining a license selling or giving away 
intoxicating liquors. The officer taking such bond may examine any 
person offered as security upon any such bond, under oath, and 
require him to subscribe and swear to his statement in regard to his 
pecuniary ability to become such security. Any bond taken pursuant 
to this section may be sued upon for the use of any person, or his legal 
representatives, who may be injured by reason of the selling or giving 
away any intoxicating liquor by the person so licensed, or by his agent 
or servant. 

2590. Selling or giving to minor or drunkard.] § 6. 

Whoever, by himself, or his agent or servant, shall sell or give intoxi¬ 
cating liquor to any minor without the written order of his parent, 
guardian, or family physician, or to any person intoxicated, or who is 
in the habit of getting intoxicated, shall, for each offense, be fined not 
less than twenty dollars ($20), nor more than one hundred dollars 
($100), or imprisoned in the county jail not less than ten nor more 
than thirty days, or both, according to the nature of the offense: Pro¬ 
vided, This act shall not affect any prosecution pending at the time this 
act takes effect, but in every such prosecution the accused shall, upon 
conviction be punished in the same manner in all respects, as if this 


620 


STATUTORY PROVISIONS. 


act had not been passed. [As amended by act approved May 18, 1877. 
In force July I, 1877. L. 1877, p. 99.] 

2591 . Buying or procuring for minor.] § 6 l / 2 . Every per¬ 
son, whether the keeper of a dram shop or not, who shall buy or in any 
manner procure or aid in procuring any wine, rum, brandy, gin, 
whisky, lager beer, hard cider, alcohol, or other vinous, malt, spirit¬ 
uous, fermented or mixed liquor or any intoxicating liquor whatever, 
for any minor, without the written order of such minor’s parent, 
guardian or family physician, or shall so procure or aid in procuring 
any of said liquors for any person intoxicated, or who is in the habit 
of getting intoxicated, shall, for every such offense be fined not less 
than twenty dollars nor more than one hundred dollars or confined in 
the county jail not less than ten nor more than thirty days or both in 
the discretion of the court. [Added by act approved June 19, 1891. 
In force July 1, 1891.] 

2592 . Nuisances—penalty—bond—evidence. 1 § 7. All places 

where intoxicating liquors are sold in violation of this act, shall be 
taken, held and be declared to be common nuisances, and all rooms, 
taverns, eating houses, bazars, restaurants, drug stores, groceries, 
coffee houses, cellars, or other places of public resort, where intoxicat¬ 
ing liquors are sold in violation of this act, shall be deemed public nui¬ 
sances; and whoever shall keep any such place, by himself, or his 
agent or servant, shall, for each offense, be fined not less than $50 nor 
more than $100, and confined in the county jail not less than twenty 
nor more than fifty days, and it shall be a part of the judgment, upon 
the conviction of the keeper, that the place so kept shall be shut up 
and abated until the keeper shall give bond, with sufficient security 
to be approved by the court, in the penal sum of $1,000, payable to the 
People of the State of Illinois, conditioned that he will not sell intox¬ 
icating liquors contrary to the laws of this state, and will pay all fines, 
costs and damages assessed against him for any violation thereof; 
and in case of a forfeiture of such bond, suit may be brought thereon 
for the use of the county, city, town or village, in case of a fine due to 
either of them. It shall not be necessary in any prosecutions under 
this section to state the name of any person to whom liquor is sold. 

2593 . Liability for support, etc.j § 8. Every person who 
shall, by the sale of intoxicating liquors, with or without a license, 
cause the intoxication of any other person, shall be liable for and com¬ 
pelled to pay a reasonable compensation to any person who may take 
charge of and provide for such intoxicated person, and $2 per day in 
addition thereto for every day such intoxicated person shall be kept 
in consequence of such intoxication, which sums may be recovered 
in an action of debt before any court having competent jurisdiction. 

2594 . Suit for damages by husband, wife, child, etc. — for¬ 
feiture of lease, etc.] § 9. Every husband, wife, child, parent, 
guardian, employer or other person, who shall be injured in person 
cr property, or means of support, by any intoxicated person, or in 
consequence of the intoxication, habitual or otherwise, of any person, 


DRAM SHOPS. 


(521 


shall have a right of action in his or her own name, severally or jointly, 
against any person or persons who shall, by selling or giving intoxi¬ 
cating liquors, have caused the intoxication, in whole or in part, of 
such person or persons; and any person owning, renting, leasing or 
permitting the occupation of any building or premises, and having 
knowledge that intoxicating liquors are to be sold therein, or who 
having leased the same for other purposes, shall knowingly permit 
therein the sale of any intoxicating liquors that have caused, in whole 
or in part, the intoxication of any person, shall be liable, severally or 
jointly, with the person or persons selling or giving intoxicating 
liquors aforesaid, for all damages sustained, and for exemplary dam¬ 
ages; and a married woman shall have the same right to bring suits 
and to control the same and the amount recovered, as a feme sole; and 
all damages recovered by a minor under this act shall be paid either 
to such minor, or to his or her parent, guardian or next friend, as the 
court shall direct; and the unlawful sale, or giving away, of intoxicat¬ 
ing liquors, shall work a forfeiture of all rights of the lessee or tenant, 
under any lease or contract of rent upon the premises where such un¬ 
lawful sale or giving away shall take place; and all suits for damages 
under this act may be by any appropriate action in any of the courts 
of this state having competent jurisdiction. 

2595. What liable to execution—proceeding to enforce.] 
§ io. For the payment of any judgment for damages and costs that 
may be recovered against any person in consequence of the sale of 
intoxicating liquors under the preceding section, the real estate and 
personal property of such person, of every kind, except such as may 
be exempt from levy and sale upon judgment and execution, shall be 
liable; and such judgment shall be a lien upon such real estate until 
paid; and in case any person shall rent or lease to another any building 
or premises to be used or occupied, in whole or in part, for the sale of 
intoxicating liquors, or shall knowingly permit the same to be so used 
or occupied, such building or premises so used or occupied shall be 
held liable for and may be sold to pay any such judgment against any 
person occupying such building or premises. Proceedings may be 
had to subject the same to the payment of any such judgment recov¬ 
ered, which remain unpaid, or any part thereof, either before or after 
execution shall issue against the property of the person against whom 
such judgment shall have been recovered; and when execution shall 
issue against the property so leased or rented, the officer shall proceed 
to satisfy said execution out of the building or premises so leased or 
occupied, as aforesaid: Provided, that if such building or premises 
belong to a minor or other person under guardianship, the guardian or 
conservator of such person, and his real and personal property, shall 
be held liable instead of such ward, and his property shall be subject 
to all the provisions of this section relating to the collection of said 
judgment. 

2596. When suit may be before justice.] § ii. When the 
damages claimed under either the eighth or ninth section of this act 


STATUTORY PROVISIONS. 


p, 92 

do not exceed the sum of $200, the action therefor may be prosecuted 
before a justice of the peace of the proper county and the judgment 
may be enforced in the same manner as other judgments recovered 
before justices of the peace. 

2597 . Indictment, or fine.] § 12. Any fine or imprisonment 
mentioned in this act may be enforced by indictment in any court of 
record having criminal jurisdiction, or the fine above may be sued for 
and recovered before any justice of the peace of the proper county, 
in the name of the People of the State of Illinois; and in case of con¬ 
viction the offender shall stand committed to the county jail until the 
judgment and costs are fully paid. 

2598 . Shifts.] § 13. The giving away of intoxicating liquors, 
cr other shift or device to evade the provisions of this act, shall be held 
to be an unlawful selling. 

2599 . Evidence.] § 14. In all prosecutions under this act, by 
indictment or otherwise, it shall not be necessary to state the kind of 
liquor sold; or to describe the place where sold; nor to show the 
knowledge of the principal to convict for the acts of an agent or serv¬ 
ant; and in all cases the persons to whom intoxicating liquors shall 
be sold in violation of this act, shall be competent witnesses. 

2600 . City or village ordinance no defense.] §15. It shall 
be no objection to a recovery under this act that the offense for which 
the person is prosecuted is punishable under any city, village or town 
ordinance. 

An Act to restrict the powers of counties, cities, towns and villages, in licens¬ 
ing dram shops, to provide for granting a license to retail malt liquors 
separately, and for punishing persons holding such separate license for 
unlawful sale and gifts. [Approved June 15, 1883. l n force July i, 1883.] 

2601. How license may be granted.] § 1 . Be it en¬ 
acted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, 1 hat hereafter it shall not be lawful for the corporate 
authorities of any city, town or village in this State, to grant a license 
for the keeping of a dram shop, except upon the payment, in advance, 
into the treasury of the city, town or village granting the license, such 
sum as may be determined by the respective authorities of such city, 
town or village, not less than at the rate of five hundred dollars ($ 500 ) 
per annum: Provided, that in all cases when a license for the sale of 
malt liquors only is granted, the city, town or village granting such 
license, may grant the same on the payment, in advance, of the sum 
of not less than at the rate of one hundred and fifty dollars ($ 150 ) per 
annum: And, provided further, that the city councils in cities, the 
board of trustees in towns, and president and board of trustees in 
villages, may grant permits to pharmacists for the sale of liquors for 
medicinal, mechanical, sacramental and chemical purposes only, under 
such restrictions and regulations as may be provided by ordinance. 

2602/ How license may be granted by county board.] 
§ 2 . The county boards of each county may grant licenses to 


ELECTIONS. 


623 


keep so many dram shops in their county as they may think the public 
gocd requires, upon the application, by petition, of a majority of the 
legal voters of the town, if the county is under township organiza¬ 
tion, and if not under township organization, then of a majority of the 
legal voters of the election precinct or district where the same is 
proposed to be located, and upon the payment into the county treas¬ 
ury of such sum as the board may require, not less than five hun¬ 
dred dollars ($500) P er annum for each license; and upon compliance 
with the provisions of an act entitled “An act to provide for the licens¬ 
ing of, and against the evils arising from the sale of intoxicating 
liquors,” approved March 3, 1874, in force July 1, 1874: Provided, 
that in all cases where a license is granted for the sale of malt liquors 
only, such board may grant the same, upon payment into the county 
treasury of a sum not less than one hundred and fifty dollars ($150) 
per annum for each license: Provided, further, such board shall not 
have power to issue any license to keep a dram shop in any incor¬ 
porated city, town or village, or within two miles of the same, in 
which the corporate authorities have authority to license, regulate, 
restrain or prohibit the sale of liquors, or in any place where the sale 
of liquors is prohibited by law. 

2603. License to sell malt liquor — penalty for selling 
other liquors.] § 3. Any person having a license to sell malt 
liquors only, who shall by himself or another, either is [as] principal, 
clerk or servant, directly or indirectly, sell or give any intoxicating 
liquors, other than malt liquors in a less quantity than one gallon, or in 
any quantity to be drank upon the premises, or in or upon any adja¬ 
cent room, building, yard or place of public resort, shall for each 
offense be fined not less than tw r enty dollars, nor more than one hun¬ 
dred dollars, or confined in the county jail not less than ten nor more 
than thirty days, or both in the discretion of the court. The penalties 
provided for in this section may be enforced by indictment or informa¬ 
tion in any court of competent jurisdiction, or the fine only may be 
sued for and recovered before any justice of the peace of the proper 
county, and in case of conviction, the offender shall stand committed 
to the county jail until the fine and costs are fully paid. A convic¬ 
tion under this section shall forfeit the license held by the defendant 
and the court rendering judgment upon such conviction shall in such 
judgment declare a forfeiture of such license. 


ELECTIONS. 

An Act in regard to elections, and to provide for filling vacancies in elective 
offices. [Approved April 3, 1872. In force July 1, 1872.] 

2604. Manner of giving notice.] § 46. At least thirty days 



/ 


I 


624 STATUTORY PROVISIONS. 

previous to any general election, and at least twenty days previ¬ 
ous to any special election, except in cases otherwise provided for, the 
county clerk, in counties not under township organization, shall make 
out and deliver to the sheriff of his county, or in counties under town¬ 
ship organization to the several supervisors of his county, three no¬ 
tices thereof for each precinct or district in which the election in 
such county is to be held. The notice may be substantially as 
follows: 

Notice is hereby given, that on (give the date), at (give the place of hold¬ 
ing the election and the name of the precinct or district), in the county of 
(name of county), an election will be held for (give the title of the several 
offices to be filled), which election will be opened at eight o’clock in the morn¬ 
ing and continued open until seven o’clock in the afternoon of that day. 

Dated at.this_day of., in the year of our Lord one thou¬ 
sand eight hundred and. a B, County Clerk. 

2605. Sheriff or supervisor to post.] § 47. The said 
sheriff or supervisor to whom the notices are delivered, shall post up, 
in three of the most public places in each precinct or district, the 
three notices therefor at least fifteen days before the time of holding 
a general election, and at least eight days before the time of holding 
a special elecion. 

2606. Proclamation.] § 4Q. Upon opening the polls one 
of the clerks or judges of election shall make proclamation of the 
same, and at least thirty minutes before the closing of the polls proc¬ 
lamation shall be made in like manner that the polls will be closed in 
half an hour. 

2607. Circuit and superior courts to hear contests.] § 97. The 

circuit courts in the respective counties, and in Cook county the 
superior court also may have [hear] and determine contests of the 
election of judges of the county court, mayors of cities, presidents 
of county boards, presidents of villages, in reference to the removal 
of county seats and in reference to any other subject which may 
be submitted to the vote of the people of the county, and con¬ 
current jurisdiction with the county court in all cases mentioned in 
section ninety-eight (98). [As amended by Act approved Tune 17, 
1895. In force July 1, 1895.] 

2608. By county court.] § 98. The county court shall hear 
and determine contests of election of all other county, township and 
precinct officers, and all other officers for the contesting of whose 
election no provision is made. 

2609. Who may contest election of other officers.] § 112 . 
The election of any person declared elected to any office other than 
governor, lieutenant-governor, secretary of state, auditor of public 
accounts, treasurer, superintendent of public instruction, attorney- 
general, senator or representative, may be contested by any elector 
o the state, judicial division, district, county, town or precinct in 
and for which the person is declared elected* 

2610. Contestant to file statement, etc.] §113. The person 





ELECTIONS. 


625 



desiring to contest such election shall, within thirty days after the 
person whose election is contested is declared elected, file with the 
clerk of the proper court a statement, in writing, setting forth the 
points on which he will contest the election, which statement shall 
be verified by affidavit in the same manner as bills in chancery may 
be verified. 

2611 . Summons.] § 114. Upon the filing of such statement, 
summons shall issue against the person whose office is contested, 
and he may be served with process, or notified to appear, in the 
same manner as is provided in cases in chancery. 

2612 . Evidence.] §H5- Evidence may be taken in the same 
manner and upon like notice as in cases in chancery. 

2613 . Trial.] § 116. The case shall be tried in like manner 
as cases in chancery, and may be heard and determined by the court 
in term time or by the judge in vacation at any time not less than 
ten (10) days after service of process, or at any time after the de¬ 
fendant is required by notification to appear, and shall have preference 
in the order of hearing to all other cases. The court in term time 
or the judge in vacation may make and enforce all necessary or¬ 
ders for the preservation and production of the ballots, poll books, 
tally papers, returns, registers and other papers or evidence that may 
bear upon the contest. [As amended by Act approved June 17, 1895. 
In force July 1, 1895.] 

2614 . Other elections contested.] § 117. Any five electors 
of the county may contest an election upon any subject which may 
by law be submitted to a vote of the people of the county, upon 
filing in the circuit court, within thirty days after the result of the 
election shall have been determined, a written statement in like 
form as in other cases of contested elections in the circuit court. The 
county shall be made defendant, and process shall be served as 
in suits against the county; and like proceedings shall be had as in 
other cases of contested elections before such court. 

2615 . When elector may defend for county,] § 118. In 
case the county board shall fail or refuse properly to defend such con¬ 
test, the court shall allow any one or more electors of the county to 
appear and defend, in which case the electors so defending shall 
be liable for the costs in case the judgment of the court shall be 
in favor of the contestant. 

2616 . Judgment.] § 119. The judgment of the court in cases 
of contested election, shall confirm or annul the election according 
to the right of the matter; or, in case the contest is in relation to 
the election of some person to an office, shall declare as elected the 
person who shall appear *o be duly elected. 

2617 . Tie.] § 120. If it appears that two or more persons have 
or would have had if the legal ballots cast or intended to be cast 
for them had been counted, the highest and an equal number of 
votes for the same office, the persons receiving such votes shall de¬ 
cide by lot, in such manner as the court shall direct, which of them 

40 


626 


STATUTORY PROVISIONS. 


shall be declared duly elected; and the judgment shall be entered 
accordingly. 

2618. Certified copy of judgment.] § 121 . A certified copy 
of the judgment of the court shall have the same effect as to the 
result of the election as if it had been so declared by the canvassers. 

2619. When election adjudged void.] § 122 . When the per¬ 
son whose election is contested is found to have received the high¬ 
est number of legal votes, but the election is declared null by reason 
of legal disqualification on his part, or for other causes, the person 
receiving the next highest number of votes shall not be declared 
elected, but the election shall be declared void. 

2620. Appeal.] § 123 . In all cases of contested elections in 
the circuit courts or county courts, appeals may be taken to the 
supreme court in the same manner, and upon like conditions as is 
provided by law for taking appeals in cases in chancery from the 
circuit courts. 

2621. Of elective offices,] § 124 . Resignations of elective 
offices shall be made to the officer, court or county board authorized 
by law to fill a vacancy in such office by appointment, or to order 
an election to fill such vacancy. 

2622. When office becomes vacant,] § 125 . Every elective 
office shall become vacant on the happening of either of the following 
events, before the expiration of the term of such office: 

First—The death of the incumbent. 

Second—His resignation. 

Third—His becoming insane. 

Fourth—His ceasing to be an inhabitant of the state; or, if the 
office is local, his ceasing to be an inhabitant of the district, county, 
town or precinct for which he was elected. 

Fifth—His conviction of an infamous crime, or of any offense in¬ 
volving a violation of official oath. 

Sixth—His removal from office. 

Seventh—His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit or file such oath or 
bond within the time prescribed by law. 

Eighth—The decision of a competent tribunal declaring his election 
void. 

2623. Who may determine when vacancy exists.] § 126 . 
Whenever it is alleged that a vacancy in any office exists, the officer, 
court, or county board whose duty it is to fill the vacancy by ap¬ 
pointment, or to order an election to fill such vacancy, shall have 
power to determine whether or not the facts occasioning such va¬ 
cancy exist. 

2624. To what elections this act may apply.] § 134 . The 
provisions of this act shall apply, as far as practicable, to all elections 
in the state, whether general, special, local or municipal, except so 
far as they are modified or contravened by other legal enactments. 


ELECTIONS. 


627 


CONGRESSIONAL APPORTIONMENT. 

An Act to apportion the State of Illinois into twenty-two congressional dis¬ 
tricts and establish the same, and provide for the election of representa¬ 
tives therein. [Approved June 9, 1893. In force July 1, 1893.] 

2625. Districts.] § 1 . Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That the State of 
Illinois be and the same hereby is apportioned into twenty-two con¬ 
gressional districts, and that the same are hereby established and 
shall be respectively composed as herein set forth, to-wit: 

The First district shall be composed of the towns of Rich, Bloom, 
Orland, Bremen, Thornton, Calumet and Worth, in Cook county, 
and the Fourth ward east of the center line of Wentworth avenue, the 
Third ward, the Thirty-first ward, the Thirty-second ward, the 
Thirty-third ward and the Thirty-fourth ward of the city of Chicago. 

The Second district shall be composed of the towns of Lemont, 
Palos, Lyons, Proviso, Riverside, Cicero, Leyden, Norwood Park, 
Maine, Elk Grove, Schaumburg and Hanover, in Cook county, and 
the Tenth, Twenty-eighth, Twenty-ninth and Thirtieth wards of the 
city of Chicago. 

The Third district shall be composed of the First, Second, Fifth, 
Sixth, Seventh wards and that part of the Fourth ward west of the 
center line of Wentworth avenue, all in the city of Chicago. 

The Fourth district shall be composed of the Eighth, Ninth, 
Twelfth and Nineteenth wards of the city of Chicago. 

The Fifth district shall be composed of the Eleventh, Thirteenth, 
Sixteenth, Eighteenth and Seventeenth wards of the city of Chicago. 

The Sixth district shall be composed of the Twentieth, Twenty-first, 
Twenty-second, Twenty-third and Twenty-fourth wards, also that 
part of the Twenty-fifth ward south of the center line of Diversey 
street and west of the center line of Halsted street, and that part of the 
Twenty-sixth ward south of the center line of Belmont avenue, all 
in the city of Chicago. 

The Seventh district shall be composed of the Fourteenth, Fifteenth 
and Twenty-seventh wards, the Twenty-fifth ward except that part 
south of the center line of Diversey street and west of the center line 
of Halsted street, that part of the Twenty-sixth ward north of the cen¬ 
ter line of Belmont avenue, in the city of Chicago; also the towns of 
Evanston, Niles, New Trier, Northfield, Wheeling, Palatine and Bar¬ 
rington, in Cook county, and the county of Lake. 

The Eighth district shall be composed of the counties of McHenry, 
De Kalb, Kane, Du Page, Kendall and Grundy. 

The Ninth district shall be composed of the counties of Boone, 
Winnebago, Stephenson, Jo Daviess, Carroll, Ogle and Lee. 

The Tenth district shall be composed of the counties of Whiteside, 
Rock Island, Mercer, Henry, Knox and Stark. 

The Eleventh district shall be composed of the counties of Bureau, 
La Salle, Livingston, and Woodford. 


C28 


STATUTORY PROVISIONS. 


The Twelfth district shall be composed of the counties of Will, 
Kankakee, Iroquois, and Vermilion. 

The Thirteenth district shall be composed of the counties of Ford, 
McLean, DeWitt, Piatt, Champaign and Douglas. 

The Fourteenth district shall be composed of the counties of Put¬ 
nam, Marshall, Peoria, Fulton, Tazewell and Mason. 

The Fifteenth district shall be composed of the counties of Hen¬ 
derson, Warren, Hancock, McDonough, Adams, Brown and Schuy¬ 
ler. 

The Sixteenth district shall be composed of the counties of Cass, 
Morgan, Scott, Pike, Green, Macoupin, Calhoun and Jersey. 

The Seventeenth district shall be composed of the counties of 
Menard, Logan, Sangamon, Macon and Christian. 

The Eighteenth district shall be composed of the counties of Madi¬ 
son, Montgomery, Bond, Fayette, Shelby and Moultrie. 

The Nineteenth district shall be composed of the counties of Coles, 
Edgar, Clark, Cumberland, Effingham, Jasper, Crawford, Richland, 
and Lawrence. 

The Twentieth district shall be composed of the counties of Clay, 
Jefferson, Wayne, Hamilton, Edwards, Wabash, Franklin, White, 
Gallatin and Hardin. 

The Twenty-first district shall be composed of the counties of 
Marion, Clinton, Washington, St.Clair, Monroe, Randolph and Perry. 

The Twenty-second district shall be composed of the counties of 
Jackson, Union, Alexander, Pulaski, Johnson, Williamson, Saline, 
Pope and Massac. 

2626. One representative from each district.] § 2 . One 

representative to the Congress of the United States shall be elected 
in each of the districts before enumerated on the Tuesday after the 
first Monday of November, in the year of our Lord, 1894 , and one in 
each of said districts every two years thereafter; such election shall 
be held and the returns thereof made and canvassed in the manner 
provided bv law. 

2627. Defines ward in Chicago.] § 2 a. Wherever the 
words “ward” or “wards” in the city of Chicago are used in this Act 
they shall be construed as meaning the wards as existing in said city 
at the time of the passage of this Act. 

2628. Repeal.] § 3 . An act entitled, “An act to apportion the 
State into twenty congressional districts and establish the same, and 
provide for the election of representatives therein,” approved April 
29 , 1882 , in force July 1 , 1882 , is hereby repealed. 

SENATORIAL AND REPRESENTATIVE APPORTIONMENT. 

An Act to apportion the State of Illinois into senatorial districts, and to re¬ 
peal certain acts therein named. [Approved June 15, 1893. In force 
July 1, 1893.] 

2629. Apportionment.] § 1 . Be it enacted by the People of 


ELECTIONS. 


629 


the State of Illinois, represented in the General Assembly, That until 
the taking and return of the next Federal census and the apportion¬ 
ment thereunder, as provided in the constitution, the .State shall be 
divided into senatorial districts each of which shall be entitled to one 
Senator and three Representatives as follows, to-wit: 

First—The First and Fifth wards and the Second ward, except that 
part lying south of the center line of Twenty-second street, and west 
of the center line of State street in the city of Chicago, in the county 
of Cook, shall constitute the First district. 

Second—The Twelfth ward and the whole of the Tenth ward, ex¬ 
cept that part lying south of the center line of West Twenty-first street 
and east of the center line of Campbell avenue in the city of Chicago, 
in the county of Cook, shall constitute the Second district. 

Third—That part of the town of Calumet in Cook county, lying 
outside the city of Chicago, and all of the Thirty-first, Thirty-third, 
and Thirty-fourth wards, in the city of Chicago, in the County of 
Cook, shall constitute the Third district. 

Fourth—The Twenty-ninth and Thirtieth wards in the city of 
Chicago, in the county of Cook, shall constitute the Fourth district. 

Fifth—The Third, Fourth and Thirty-second wards and that part of 
the Second ward lying south of the center line of Twenty-second 
street and west of the center line of State street in the city of Chicago, 
in the county of Cook, shall constitute the Fifth district. 

Sixth—The Twentieth ward and the Twenty-sixth ward, lying 
south of the town of Evanston, that part of the Twenty-fifth ward 
lying north of the center line of Montrose boulevard and south of the 
town of Evanston, and that part of the Fifteenth ward lying east of 
the center line of Western avenue in the city of Chicago, in the county 
of Cook, shall constitute the Sixth district. 

Seventh—The towns of Thornton, Bloom, Rich, Bremen, Orland, 
Lemont, Palos, Worth, Lyons, Riverside, Cicero, Proviso, Leyden, 
Norwood Park, Maine, Elk Grove, Schaumburg, Hanover, Barring¬ 
ton, Palatine, Wheeling, Northfield, New Trier, Evanston and Niles, 
in Cook county, shall constitute the Seventh district. 

Eighth—The counties of Lake, McHenry and Boone shall con¬ 
stitute the Eighth district. 

Ninth—The Sixth ward, that part of the Twenty-eighth ward lying 
between the center line of the Illinois and Michigan canal and the 
center line of Thirty-ninth street, that part of the Ninth ward lying 
south of the center line of west Sixteenth street, and that part of the 
Tenth ward lying south of the center line of West Twenty-first street, 
and east of the center line of Campbell avenue, in the city of Chicago, 
in the county of Cook, shall constitute the Ninth district. 

Tenth—The counties of Winnebago and Ogle shall constitute the 
Tenth district. 

Eleventh—The Fourteenth ward, that part of the Fifteenth ward 
lying west of the center line of Western avenue, the Twenty-eighth 
ward except that part lying between the center line of the Illinois and 


630 


STATUTORY PROVISIONS. 


Michigan canal and the center line of Thirty-ninth street, and the 
Twenty-seventh ward of the city of Chicago, in the county of Cook, 
shall constitute the Eleventh district. 

Twelfth—The counties of Stephenson, Jo Daviess and Carroll shall 
constitute the Twelfth district. 

Thirteenth—The Seventh ward, the Eighth ward and that part of 
the Nineteenth ward bounded on the north by the center line of West 
Taylor street, on the east by the center line of Desplaines street, on 
the south by the center line of West Twelfth street, and on the west 
by the center line of Newberry avenue, in the city of Chicago, in 
the county of Cook, shall constitute the Thirteenth district. 

Fourteenth—The counties of Kane and DuPage shall constitute the 
Fourteenth district. 

Fifteenth—The Nineteenth ward except that part bounded on the 
north by the center line of West Taylor street, on the east by the cen¬ 
ter line of Desplaines street, on the south by the center line of West 
Twelfth street, and on the West by the center line of Newberry avenue, 
that part of the Eleventh ward lying south of the center line of Lake 
street, and that part of the Ninth ward lying north of the center line 
of West Sixteenth street, in the city of Chicago, in the county of 
Cook, shall constitute the Fifteenth district. 

Sixteenth—The counties of Kankakee and Iroquois shall constitute 
the Sixteenth district. 

Seventeenth—That part of the Eleventh ward lying north of the 
center line of West Lake street, and the Seventeenth and Eighteenth 
wards in the city of Chicago in the county of Cook, shall constitute the 
Seventeenth district. 

Eighteenth—The counties of Ford and Vermilion shall constitute 
the Eighteenth district. 

Nineteenth—The Thirteenth ward and all of the Sixteenth ward, 
except that part lying northeasterly of the center line of Milwaukee 
avenue, and east of the center line of Noble street, and south of the 
center line of West Division street and the north branch of the Chi¬ 
cago river, in the city of Chicago, in the county of Cook, shall con¬ 
stitute the Nineteentn district. 

Twentieth—The counties of Marshall, Woodford and Livingston 
:shall constitute the Twentieth district. 

Twenty-first—The Twenty-first ward, the Twenty-second ward and 
that part of the Twenty-fifth ward lying south of the center line of 
Montrose boulevard in the city of Chicago, in the county of Cook, 
shall constitute the Twenty-first district. 

Twenty-second—The county of McLean shall constitute the Twenty- 
second district. 

Twenty-third—The Twenty-third ward, Twenty-fourth ward and 
that part of the Sixteenth ward lying northeasterly of the center line 
of Milwaukee avenue, and east of the center line of Noble street, and 
south of the center line of West Division street, and the north branch 


ELECTIONS. 


631 


of the Chicago river, in the city of Chicago, in the county of Cook, 
shall constitute the Twenty-third district; 

Twenty-fourth—The county of Peoria shall constitute the Twenty- 
fourth district. 

Twenty-fifth—The county of Will shall constitute the Twenty-fifth 
district. 

Twenty-sixth—The counties of Fulton and Tazewell shall consti¬ 
tute the Twenty-sixth district. 

Twenty-seventh—The county of La Salle shall constitute the 
Twenty-seventh district. 

Twenty-eighth—The counties of Hancock, McDonough and Schuy¬ 
ler shall constitute the Twenty-eighth district. 

Twenty-ninth—The counties of Lee, DeKalb, Kendall and Grundy 
shall constitute the Twenty-ninth district. 

Thirtieth—The counties of Champaign, DeWitt and Piatt shall con¬ 
stitute the Thirtieth district. 

Thirty-first—The counties of Whiteside, Bureau, Putnam and Stark 
shall constitute the Thirty-first district. 

Thirty-second—The counties of Cass, Menard, Mason and Logan 
shall constitute the Thirty-second district. 

Thirty-third—The counties of Rock Island and Henry shall consti¬ 
tute the Thirty-third district. 

Thirty-fourth—The counties of Pike, Scott and Morgan shall con¬ 
stitute the Thirty-fourth district. 

Thirty-fifth—The counties of Knox, Warren, Henderson and Mer¬ 
cer shall constitute the Thirty-fifth district. 

Thirty-sixth—The counties of Greene and Macoupin shall constitute 
the Thirty-sixth district. 

Thirty-seventh—The counties of Adams and Brown shall consti¬ 
tute the Thirty-seventh district. 

Thirty-eighth—The counties of Montgomery, Bond and Fayette 
shall constitute the Thirty-eighth district. 

Thirty-ninth—The county of Sangamon shall constitute the Thirty- 
ninth district. 

Fortieth—The counties of Douglas, Coles and Shelby shall consti¬ 
tute the Fortieth district. 

Forty-first—The counties of Macon, Christian and Moultrie shall 
constitute the Forty-first district. 

Forty-second—The counties of Clay, Marion, Clinton and Wash¬ 
ington shall constitute the Forty-second district. 

Forty-third—The counties of Edgar, Clark, Cumberland and Effing¬ 
ham shall constitute the Forty-third district. 

Forty-fourth—The counties of Wabash, Edwards, White, Gallatin 
and Hardin shall constitute the Forty-fourth district. 

Forty-fifth—The counties of Jasper, Crawford, Richland and Law¬ 
rence shall constitute the Forty-fifth district. 

Forty-sixth—The counties of Franklin, Jefferson, Wayne and Ham¬ 
ilton shall constitute the Forty-sixth district. 


632 


STATUTORY PROVISIONS. 


Forty-seventh—The counties of Madison, Jersey and Calhoun shall 
constitute the Forty-seventh district. 

Forty-eighth—The counties of Monroe, Randolph, Perry and Jack- 
son shall constitute the Forty-eighth district. 

Forty-ninth—The county of St. Clair shall constitute the Forty- 
ninth district. 

Fiftieth—The counties of Williamson, Union and Alexander shall 
constitute the Fiftieth district. 

Fifty-first—The counties of Pulaski, Massac, Johnson, Pope and Sa¬ 
line shall constitute the Fifty-first district. 

2630. Ward defined.] § 2 . Wherever the words “ ward ” 
or “wards” in the city of Chicago are used in this act they shall be 
construed as meaning the wards as existing in said city at the time 
of the passage of this act. 

2631. Repeal.] § 3 . An act entitled “An act to Apportion 
the State of Illinois into Senatorial Districts,” approved May 6 , 1882 , 
in force July 1 , 1882 , and an act entitled “An act to Apportion the 
State of Illinois into Senatorial Districts and to repeal an act therein 
named,” approved May 16 , 1893 ; and all acts and parts of acts in 
conflict herewith are hereby repealed. 

ILLEGAL voting by paupers, etc. 

(1) An Act to prevent illegal voting by paupers and others in this State. [Ap¬ 

proved May 25, 1877. In force July 1, 1877.] 

2632. When inmates of poor-houses, asylums, etc., may vote.] 
§ 1 . Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That no pauper or inmate of any county 
poor-house, insane asylum or hospital in this state, shall by virtue of 
his abode at such county poor-house, insane asylum or hospital be 
deemed a resident or legal voter in the town, city, village or election 
district or precinct in which such poor-house, insane asylum or hospi¬ 
tal may be situated; but every such person shall be deemed a resident 
of the town, city, village or election district or precinct in which he 
resided next prior to becoming an inmate of such county poor-house, 
insane asylum or hospital. 

INMATES OF SOLDIERS’ HOMES, ETC. 

(2) An Act to enable inmates of soldiers’ and sailors’ homes within the 

State of Illinois to vote at elections. [Approved June 16, 1887. In force 
July 1, 1887.] 

2633. Inmates of soldiers’ and sailors’ homes.] § i. Be it 
enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That every honorably discharged soldier or sailor who 
shall have been an inmate of any soldiers’ and sailors’ home within the 
State of Illinois for ninety days or longer, and who shall have been 
a citizen of the United States and resided in this State one year, in the 


ELECTIONS. 


633 


county where any such home is located ninety days, and in the election 
district thirty days next preceding any election shall be entitled to vote 
in the election district in which any such soldiers’ and sailors’ home 
in which he is an inmate thereof as aforesaid, is located, for all officers 
that now are or hereafter may be elected by the people, and upon all 
questions that may be submitted to the vote of the people: Provided, 
that he shall declare upon oath, if required so to do by any officer of 
election in said district, that it was his bona fide intention at the time 
he entered said home to become a resident thereof. 

CITIES, VILLAGES AND INCORPORATED TOWNS. 

An Act regulating the holding of elections and declaring the result thereof 
in cities, villages and incorporated towns in this State. [Approved 
June 19, 1885. In force July 1, 1885.] 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, as follows: 


ARTICLR I. 

ADOPTION. 

2634. How this act may be adopted by any city.] § 1 . 
That the electors of any city now existing in this State may adopt and 
become entitled to the benefit of this act in the manner following: 

Whenever one thousand of the legal voters of such city, voting at 
the last preceding election, shall petition the judge of the county court 
of the county in which such city is located to submit to a vote of the 
electors of such city the proposition as to whether such city and the 
electors thereof shall adopt and become entitled to the benefit of this 
act, it shall be the duty of such county court to submit such proposi¬ 
tion accordingly at the next succeeding general State or county elec¬ 
tion, and if such proposition is not adopted at such election, the same 
shall in like manner be submitted to a vote of the electors of such city 
by such county court upon like application at any general State or 
county election thereafter, and an order shall be entered of record in 
such county court submitting such proposition as aforesaid. If one 
thousand shall exceed one-eighth of the legal voters of any such city 
voting at the last preceding election, then such petition or application 
need not be signed or made by more than one-eighth of the legal 
voters of such city voting at the last preceding election. 

2635. Notice of election—blank forms—duty of county clerk 
—penalty—expenses.] § 2. The judge of such county court shall 
give at least sixty days’ notice of such election by publishing such 
notice in one or more newspapers published within such city, for at 
least five times, the first publication to be at least sixty days before 
the day of election, and if no newspaper is published in such city, 
then by posting at least five copies of such notice in each ward sixty 


634 


STATUTORY PROVISIONS. 


days before such election; and such court shall enter an order direct¬ 
ing the county clerk to prepare the necessary blank returns for the 
use of the judges of election substantially in the following form: 

“At an election held in the.precinct of the..ward 

in the city of. ••••••••.•••« .., in the State of Illinois, on the.day of 

.. in the year A. D... the following vote was 

cast for and against city election law, to wit: 

For city election law.votes. 

Against city election law.votes. 

Certified by us 

A B ) 

C D £■ Judges of Election. 

E F ) 

Attest: 

p | Clerks of Election.” 

Also to prepare separate tally sheets with appropriate headings. 

And it shall be the duty of such county clerk to deliver to the judges 
of all the precincts in such city at such election proper tally sheets and 
blank statements of returns of votes cast for and against such propo¬ 
sition at such election. And it shall be the duty of the said judge of 
the county court to supervise and direct such matters and see that they 
are properly done. 

Said judge of the county court shall also prepare directions to the 
judges and clerks of election as to the manner of canvassing the votes 
for and against such proposition, keeping tally thereof and making 
returns of the votes as to such proposition, in accordance with the 
provisions of this article; also informing them therein of the penalties 
of the law imposed upon the judges and clerks for any refusal or neg¬ 
lect pertaining to their duties, and such judge of the county court shall 
deliver such directions to the county clerk directing him to have them 
printed and sent out to such judges and clerks. And it shall be the 
duty of such county clerk to obey such instructions. 

And it shall be the duty of the county clerk to do, and cause to be 
done, all things required of him by this article, and for a failure to per¬ 
form such duties he shall, on conviction, be sentenced to the county 
jail for not less than six months nor more than twelve months, and 
shall also be removed from his office by the court in which such con¬ 
viction shall be had. 

The county shall pay all expenses connected with such election. 

2636. Form of ballots.] § 3 . At such election the ballots, so 
far as they relate to this act, shall be written or printed in the following 
form: “For city election law/’ or, “Against city election law.” 

2637. Tickets—how prepared and what to contain.] § 4 . 
The ballot upon such proposition in the form aforesaid must be printed 
or written at the bottom of the ticket containing the names of candi¬ 
dates for public offices at such election who are voted for by any 
elector. But if any elector desires to vote upon such proposition and 
does not desire to vote for any candidate for any public office, he may 
vote a ballot prepared as aforesaid, without the name of any candidate 










ELECTIONS. 


635 


being thereon; but he cannot by one ballot vote for or against such 
proposition, and then by another ballot vote for any candidate for any 
office at that election. If any one shall vote a ballot which shall con¬ 
tain no reference to such proposition, or if both forms of ballot, viz.: 
“For city election law,’ and “Against city election law,’’ be upon the 
same ticket unerased, such ballot shall not be counted for or against 
such proposition. 

2638. Ballots—how canvassed.] § 5 . The judges of such elec¬ 
tion shall canvass the ballots so cast for or against such proposition. 
They shall count in favor of said proposition all ballots “for city elec¬ 
tion law,” and they shall count against such proposition all ballots 
“against city election law.” 

2639. Manner of canvass—announcing result.] § 6. Such 
canvass shall be made by such judges in the following manner: Be¬ 
fore the name or names of any candidate on any ballot shall be can¬ 
vassed, one of said judges, the other two sitting on either side of him 
and observing the canvass, shall separate all of the ballots cast in such 
precinct into three piles or files, putting together in the first pile all 
those containing the phrase, “for city election law,” and putting to¬ 
gether in the second pile all the ballots containing the phrase, 
“against city election law,” and putting together in the third pile all 
the other ballots of every description. One of said three judges shall 
then count the first pile of ballots in batches of ten, and when one 
batch is counted, shall pass the same to the next judge, who shall 
count the same and pass it to the third judge who shall also count it, 
and when the three shall have finished the count of the ten ballots, 
the last judge shall announce in a loud voice the result, “ten votes 
for city election law,” when the tally clerks shall tally ten votes accord 
inglyoneach tally sheet for city election law, and so the whole pile shall 
be counted, and before counting the second pile the clerks shall an¬ 
nounce the result or number so entered and credited “for city election 
law,” and then the second pile shall be counted in the same way in 
batches of ten, and the result tallied and announced in the same way 
“against city election law.” And thereupon it shall be the duty of 
each of said judges in turn to announce in a loud voice the result of 
the election in that precinct upon that proposition. No ballot shall 
be counted for or against such proposition, unless it be in the form 
herein-prescribed; no account is to be kept of the third pile of ballots 
as to such proposition. 

2640. When no tally sheets — duty of judges.] § 7 . If 

no tally sheets shall be furnished to the judges and clerks of any 
precinct relating to such proposition, such clerks shall use any piece 
of paper containing the headings written out by either of them: “For 
city election law,” and “Against city election law,” and tally the vote 
thereon opposite the respective headings as announced to them; and 
if no blank statements of returns relating to such proposition be pro¬ 
vided or furnished to them, then it shall be the duty of said judges 


636 


STATUTORY PROVISIONS. 


and clerks to write out a return in triplicate, in substance in accord¬ 
ance with the form found in section two of this article. 

2641. Manner of making returns.] § 8 . After ascertaining 
and announcing the result as aforesaid, such judges shall make, fill up 
and sign triplicate returns or statements of the votes cast for and 
against such proposition as aforesaid, in the form found in section 
two of this article. Each of which shall be attested by the election 
clerks, and each of which shall then be enclosed and sealed in an en¬ 
velope, one of which shall be on the outside addressed to the judge of 
the county court, one to the clerk of the county court, and one to the 
comptroller of such city, or to the officer whose duties correspond 
with those of the comptroller. Upon each of which statements shall 
be endorsed, “City election law returns.” In the same manner the 
tally sheets shall be signed by said judges and clerks and shall be 
enclosed and sealed in separate envelopes, one of which shall be ad¬ 
dressed to the county judge and one to the city clerk; upon both of 
said envelopes shall be endorsed, “City election law tallies.” On the 
outside of each envelope shall be endorsed whether it contains a state¬ 
ment of the votes cast or the tallies, and for what precinct and ward. 
After the envelopes respectively containing such returns and tallies are 
closed and sealed, the judges of election shall each write across the folds 
of such envelopes their names, and thereupon each of said judges of 
election shall take one of said returns, and each of said election clerks 
shall take one of said tallies and shall deliver, each one respectively, 

* to the person or officer to whom addressed, by noon of the next day, 
and when delivered he shall receive a receipt therefor from the officer 
to whom delivered. And it shall be the duty of such officers to give 
such receipts, and to safely keep such envelopes unopened until called 
for by the canvassing board herein provided. 

2642. Special watchers of canvass.] § g. At the canvass of 
the ballots in any precinct in any city where such proposition has been 
submitted, it shall be the duty of said judges of election, on request, 
to admit to the room, two electors of the ward who voted in favor of 
such proposition, and two who voted against it, as special watchers ol 
such canvass; and said judges and the police officer or other officer 
of the law present shall protect such watchers and see that they are not 
excluded, and at the time of such canvass of the ballots cast for or 
against such proposition, such watchers shall be entitled to a position 
where they can plainly see and read each ballot; and it shall be the 
duty of such judges to grant and protect them in such position. 

2643. Canvass by county judge, etc—declaring result — 
when operative.] § io. On the sixth day after such election the 
judge of the county court shall call to his assistance two well known 
electors of integrity and character, one of whom voted for and one of 
whom voted against such proposition, who shall constitute the can¬ 
vassing board, to canvass the returns and votes so cast for and against 
such proposition. Such canvass shall be conducted in public in the 


ELECTIONS. 


637 


room usually occupied by such county court. The envelopes con¬ 
taining all the returns and all the tally sheets shall, upon the demand 
of the judge of the county court, be delivered to said board by the 
officers so having either of them in his possession. Thereupon the 
same shall be opened in order and the vote on such proposition ascer¬ 
tained and announced. All of such returns and tallies may be used in 
ascertaining the result, and when, in the opinion of said board, any 
doubt exists as to what the actual vote was, which was cast for or 
against such proposition in any precinct, or upon the written applica • 
tion of two persons who were at such canvass and who shall make 
oath that they believe that the returns of the said judges of election 
as to such proposition are not correct, said county judge shall demand 
of and receive possession from such county clerk the ballots so cast in 
such precinct at such election, and it shall then be the duty of said 
board to open the envelope containing said ballots and to recount the 
same, and to hear evidence of any person present at such precinct 
canvass touching the same; and thereupon said board shall announce 
and declare the vote cast for and against such proposition in such 
precinct, which shall be conclusive as to the ballots so cast; and there¬ 
upon the said judge of the county court so having received possession 
of such ballots, shall again place them upon a string or twine and 
place them in the same envelope, or another with like endorsements, 
and seal the same, and shall write across the face thereof, “Opened 
by the county judge/’ and sign his name thereunder, and shall then 
return such ballots to the possession of the county clerk. Said re¬ 
turns and tallies shall also be returned to the officers from whom re¬ 
ceived, who shall safely keep the same for six ffionths, and then destroy 
the same if there be no contest. At the completion of the canvass of 
all the precincts in such city, the total number of votes cast for and 
against such proposition in the various precincts, ascertained as 
aforesaid, shall be added together by said board, who shall then de¬ 
clare the total result; thereupon Said county court shall enter an order 
declaring the number of votes so ascertained, cast for, and the numbei 
of votes cast against such proposition, and if such proposition shall 
have received a majority of the votes cast for and against the same 
at such election, the court shall, by its order, declare this act adopted; 
and it shall be the duty of such county judge to file a copy of such 
order in the office of the secretary of State, and thereupon this act 
shall become operative and binding, and the law for all elections in 
such city, ana for the electors thereof, and all courts and other per¬ 
sons shall take notice thereof. 

2644. Judge or clerk—neglect of duty—penalty — opening 
returns, etc.] § n. Any judge of election or clerk of election, who 
shall willfully neglect to perform any duty imposed upon him by this 
article, shall be deemed guilty of a felony, and, upon conviction, 
be imprisoned in a penitentiary for not less than one year and not 
more than three years. Any judge of election or clerk of election, 
who shall willfully open, change, tear, mutilate, lose or conceal, or 


638 


STATUTORY PROVISIONS. 


willfully cause or permit to be opened, changed, torn, mutilated, 
lost or concealed, any return of votes cast for or against this act, or 
any tally sheet of votes so cast for or against such proposition after 
the same has been sealed up and delivered to him to be carried and 
delivered to the officer of law required by this act to receive the 
same, shall be deemed guilty of a felony, and, upon conviction, shall 
be imprisoned in a penitentiary for not less than three nor more than 
five years. 

2645. Stealing or mutilating returns, etc.—penalty.] § 12 . 

Any officer having possession of such returns, tallies or ballots, who 
shall steal,- counsel or assist in stealing, or who shall change or muti¬ 
late any return or tally sheet relating to such election, shall be deemed 
guilty of felony, and, upon conviction, shall be imprisoned in the peni¬ 
tentiary not less than five, nor more than ten years. And any other 
person who shall steal, counsel or assist in stealing, or who shall 
change or mutilate or counsel or assist in changing or mutilating any 
return, ballot or tally sheet relating to such election, shall be deemed 
guilty of a felony, and on conviction shall be imprisoned in the peni¬ 
tentiary not less than five years nor more than ten years. 

2646. Offenses governed by law of the state.] § 13 . 
All other offenses pertaining to the conduct of any election under 
this article shall be governed by the laws'of the State not incon¬ 
sistent herewith. 

2647. Adoption’ of act by village or town.] § 14 . Any. 
village or incorporated town in this state may adopt this act in like 
manner, and the same shall be submitted to a vote of the people of 
the said village or town upon written application to said county court 
of 500 electors in such village or town. 

2648. Effect of adoption of the act.] § 15 . After and 
from the time of the adoption of this act as aforesaid, the provisions 
oi the same shall be applicable to such cities, villages or towns, and all 
laws in conflict therewith shall no longer be applicable to such cities, 
villages or towns. But all laws or parts of laws not inconsistent 
with the provisions of this act shall continue in force and be applica¬ 
ble to any such city, village or town, the same as if this act had not been 
adopted. 


ARTICLE II. 

ELECTION COMMISSIONERS AND THEIR DUTIES y ' 2xa 

.- " ' 

2649. Creation of board of election commissioners—term 
of, etc.] § i. In every city, village and incorporated town 
so adopting this act, there shall be created a board of election commis¬ 
sioners, which shall be composed of three members, each of whom 
shall be designated as an election commissioner, and shall be ap¬ 
pointed by the county court in the county in which such city, vil¬ 
lage or incorporated town shall be located. And such appointment 




ELECTIONS. 


639 


shall be entered of record in such court, and, when qualified, such 
commissioner shall be an officer of such court. The first appointment 
of such commissioner shall be within sixty days after the adoption 
of this act, and those first appointed shall hold their offices for the 
period of one, two and three years respectively, and the judge ap¬ 
pointing them shall designate the term for which each one shall hold 
his office, whether for one, two or three years. If the office of either 
commissioner shall become vacant, it shall thereupon be the duty of 
such county court to appoint a successor for such unexpired term; 
after the expiration of the term for which each commissioner is ap¬ 
pointed, such court shall, in the same way, nominate and appoint a 
successor, who shall hold his office for the period of three years, and 
until his successor is appointed. 

2650. Commissioners — how selected — qualifications of — 
vacancy.] § 2 . Two of such commissioners, at least, shall 
always be selected from the two leading political parties of the State, 
one from each of such parties, and all shall be legal voters and house¬ 
holders, residing in such city, village or incorporated town, and be men 
cf well-known political convictions and of approved integrity and 
capacity. No commissioner can hold any other public office. When¬ 
ever it shall come to the knowledge of such judge of the county court 
that one of the leading political parties of the State is not represented 
upon such commission by a person of the same political faith, he 
shall at once remove one of such commissioners and fill the vacancy 
with a member of the leading political party not so represented. 

2651. Removal on complaint — ground of.] § 3 . Such 
judge of the county court may, at any time, upon complaint made 
and cause shown, satisfactory to him, after notice to such commis¬ 
sioner, and an opportunity to be heard, remove any such commis¬ 
sioner and enter of record in the court such order of removal, and 
there shall be no appeal from such order. Such complaint must be 
signed and sworn to by at least twenty-five legal voters of such city, 
village or incorporated town, and must state the grounds of such 
complaint. 

2652. Organization of board-officers—oath—official bond- 

office — books, etc.] § 4 . Within twenty days after such first 

appointment shall be made, such commissioners shall organize as a 
board by electing one of their number as chairman, and one as sec¬ 
retary; and they shall perform the duties incident to such offices. And 
upon every new appointment of a commissioner such board shall 
reorganize in like manner. Each commissioner, before taking his 
seat in such board shall take an oath of office before such county 
judge, which in substance shall be in the following form: 

“I.. do solemnly swear (or affirm) that 

I am a citizen of the United States, and have resided in the city of. 

., in the State of Illinois, for a period of ten years last past, and 

that I am a legal voter and house-holder in said city and State. That. I 
will support the Constitution of the United States, and of the State of Illinois, 





640 


STATUTORY PROVISIONS. 


and the laws passed in pursuance thereof, to the best of my ability, and will 
faithfully and honestly discharge the duties of the office of election com¬ 
missioner for said city.” 

Which oath, when subscribed and sworn to before such judge, shall 
be filed in the office of the county; clerk of said county, and be there 
preserved. Such commissioner shall also, before taking such oath, 
give an official bond in the sum of $ 10 , 000 , with two securities, to be 
approved by said judge, conditioned for the faithful and honest per¬ 
formance of his duties and the preservation of the property of his 
office. Such board of commissioners shall at once secure and open an 
office sufficient for the purposes of such board, which shall always be 
kept open during business hours of every day, Sundays and legal 
holidays excepted. Upon the opening of such office, the county 
clerk of the county in which such city, village or incorporated town 
is situated, shall, upon demand, turn over to such board, all registry 
books, poll books, tally sheets and ballot boxes heretofore used, and 
all other books, forms, blanks and stationery of every description 
in his hands in any way relating to elections or the holding of elec¬ 
tions within such city, village or incorporated town. 

2653. Board to provide ballot boxes, etc.] § 5 Such 
board shall provide all necessary ballot boxes and all registry books, 
poll books, tally sheets, blanks and stationery of every description 
with printed headings and certificates, necessary and proper for the 
registry of voters and the conduct of such election, and for every 
incidental purpose connected therewith. 

2654. Chief clerk — powers and duties of.] § 6 . Said 
board shall have the right to employ a chief clerk, who shall have 
charge of the office of said board, and who shall be present and in 
attendance at all proper business hours. Such chief clerk shall take 
an oath of office before such county judge, to the effect that he will 
honestly and faithfully perform all the duties of such office, under 
the direction of said board, which shall be preserved in the same way, 
and he shall be under the direction of said board, and he shall have 
the right to administer all oaths required under this act to be admin¬ 
istered by either of said commissioners. Such additional assistance 
may be employed by said board from time to time, as may be neces¬ 
sary, with the consent and approval, previously entered of record, by 
said county court, or which may afterwards be approved by such court. 

2655. Commissioners to * establish election precincts — size 
of.] § 7 - It shall be the duty of said board of com¬ 
missioners, within two months after its first organization, to divide 
such city, village or incorporated town into election precincts, which 
shall contain as nearly as practicable three hundred actual voters, and 
in making such division, and establishing such precincts, such board 
shall take as a basis the poll books, or the number of votes cast at 
the last previous presidential election. Within ninety days after each 
presidential election, such board shall revise and rearrange such pre- 


ELECTIONS. 


641 


cincts on the basis of the votes cast at such election, making such 
precincts to contain, as near as practicable, three hundred actual 
voters, measured b* r the vote of such election, but at any time and in 
all instances where the vote cast at any precinct, at any election, 
equals four hundred and fifty, there must be a rearrangement, so as 
tc reduce the vote to the standard of three hundred, as near as may 
be. The precincts in each ward, village or incorporated town shall be 
numbered from one upwards consecutively. 

2656. General registration of voters.] § 8. After the 
first organization of such board of commissioners it shall prepare for 
a new and general registration of voters for the next general city 
or village election, or general State or county election, as the case 
may be, and when made, such registry shall be continued and revised 
in the manner hereinafter provided. 

2657. Judges and clerks — appointment and qualifications 
of.] § g. Said board of commissioners shall, at least sixty 
days prior to such election, select and choose three electors, who shall 
be householders, as judges of election for each precinct in such city t 
village or incorporated town. They must be citizens of the United 
States, and entitled to vote in the ward, village or incorporated town 
in which such precinct is located, at the next election, and they 
must be men of good repute and character, who can speak, read and 
write the English language, and be skilled in the four fundamental 
rules of arithmetic, and they must be of good understanding and 
capable; they must reside in the precinct of the village, city or incor¬ 
porated town, at which they are selected to act, and they must not 
hold any office or employment under the United States, the State of 
Illinois, or under the county, city, village or town in which such 
election is to be held, and they must not be candidates for any office 
at the next ensuing election. Two clerks of election shall be selected 
within the same time by said board, who shall possess the same quali¬ 
fications as the judges, except that they need not be householders. 
Being a notary public shall be no disqualification for judge or clerk. 

2658. Notice— examination — confirmation — rejection — ex¬ 
emption—refusal to serve—penalty.] § 10 . Each and every per¬ 

son so selected by the board of election commissioners shall be notified 
of the fact of his selection, with direction to appear, within the time 
fixed in the notice, before such board for the purpose of examination, 
and if, upon examination, he is found qualified, he shall, unless ex¬ 
cused by such commissioners, by reason of ill health, or old age, be 
bound to serve as such officer for the term of one year; if his appoint¬ 
ment shall be confirmed by the county court. Said commissioners 
shall keep books in which shall be written down the names of all such 
judges and clerks agreed upon before such notification, to appear 
before them, and if, when they appear, they shall be rejected for want 
of qualification, such fact shall be noted on said books opposite their 
names, and if excused on the ground of ill health or old age, such fact 
shall be noted, in like manner also, if they do not appear for examina- 

41 




642 


STATUTORY PROVISIONS. 


tion, such fact shall be noted. No person shall be compelled to serve 
as judge or clerk, for three years after the expiration of his term of 
service. The judges and clerks of election shall be exempt from jury 
duty during the term of their service, and for two years thereafter. In 
case such person, so selected and notified to appear for examination, 
shall not appear before such board as required, or if he does appear, 
and shall refuse to serve, he shall forfeit not less than one hundred 
dollars nor more than three hundred dollars, unless it shall appear that 
he was not qualified for such service for any reason herein stated. 

2659. Appointment and removal of judges and clerks.] 
§ 11 . In the selection of judges of election, at least one judge shall 
be selected from each of the two leading political parties or organiza¬ 
tions of the State, to serve in each precinct, and one clerk of election 
shall be selected from each of the two leading political parties of the 
State, to serve in each precinct. Each of the commissioners shall 
have a veto upon the proposed selection or nomination of any judge 
or clerk, and if, in any instance, in consequence of such veto, the board 
cannot agree upon such appointments, then the names of six persons 
who are eligible, shall be selected, for judge or clerk, as the case may 
be, by the commissioner or commissioners belonging to the leading 
political party entitled to be represented by such judge or clerk, and 
out of said six names the other commissioner or commissioners repre¬ 
senting the other leading political party of the State, shall select the 
name of such judge or clerk, who, when so selected, shall be the 
judge or clerk, if otherwise eligible, if he will serve or shall be not ex¬ 
cused for cause, and if he shall be confirmed by the county court. In 
case the persons so selected for judges or clerks do not appear for 
examination on notification, then some other persons shall be selected 
and notified as aforesaid, until some eligible person is found who will 
serve. In all cases where the parties aforesaid do not appear and be 
examined, or if they do appear and refuse to serve, it shall be the duty 
of the commissioners, by the corporate name of the board of com¬ 
missioners of election, to prosecute such persons for such forfeiture 
above provided, and collect and pay over the same into the county 
treasury, and the failure of such board of commissioners of election, 
or either of them, to prosecute such persons shall be sufficient cause 
for removal from office, and when established, the county court shall 
so remove such commissioner or commissioners from office. 

2660. The judges and clerks to be selected from the dif¬ 
ferent political parties.] § 12 . The leading political party repre¬ 
sented by a minority of all the commissioners in said board, shall be 
entitled to one of the judges and one of the clerks in each precinct 
with an even number, and to two of the judges and one of the clerks 
in each precinct with an odd number, and the other leading political 
party shall be entitled to two judges in the even, and one judge in the 
odd numbered precincts, and also shall be entitled to one clerk in each 
precinct, and it shall be the duty of such commissioners to observe 
this division in all respects in making such appointments. If there 


ELECTIONS. 


643 


should be three political parties represented in said board of commis¬ 
sioners, then each of such parties shall have one representative as 
judge in each precinct, as far as practicable, to be selected under some 
rule to be adopted by such board. And if there be not three political 
parties represented upon such board, yet if there be a third political 
party in such city, respectable in numbers, said commissioners may, 
m their discretion, select a judge from said party for each precinct, if 
a proper person for such position can be found, in such manner as 
said board may agree upon. 

2661. Selection of judges and clerks to be returned to 
county court—confirmation — vacancies, how filled — removals.] 

§ 13 . After the judges and clerks are selected and have agreed to 
serve, then a report of such selections shall be made and filed in the 
county court, and application shall then be made by .said board to said 
court for their confirmation and appointment, whereupon the county 
court shall enter an order that cause be shown, if any exist, against 
'the confirmation and appointment of such persons so named, on or 
before the opening of the court, on a day to be fixed by the court. And 
said board of commissioners shall immediately give notice of such or¬ 
der, and the names of all of such judges and clerks so reported to such 
county court for confirmation, and their residence, and the precinct 
for which they are selected, by causing the same to be published in one 
or more newspapers in such city, village or incorporated town, and if 
no newspaper be published in such city, village or incorporated town, 
then by posting such notice in three of the most public places in such 
city, village or town, and if no cause to the contrary be shown prior to 
the day fixed, such appointments shall be confirmed by order entered 
by that court. If objections to the appointment of any such judge or 
clerk be filed within the time aforesaid, the court shall hear such ob¬ 
jections and the evidence introduced in support thereof, and shall con¬ 
firm or refuse to confirm such nominations, as the interests of the pub¬ 
lic may require. No reasons need be given for a refusal to confirm. 
If any vacancies shall exist by reason of the action of such board or 
otherwise, at any time, the said board of commissioners shall further 
report and nominate persons to fill such vacancies so existing in the 
manner aforesaid, and the court in the same way shall consider such 
nominations, and shall confirm or refuse to confirm the same in the 
manner aforesaid. Upon the confirmation of such judges and clerks, 
at any time, a commission shall issue to each of such judges and clerks, 
under the seal of such court, and appropriate forms shall be prepared 
by said board of commissioners for such purpose. After such confir¬ 
mation and acceptance of such commission, such judges and clerks 
shall thereupon become officers of such court, and shall be liable in a 
proceeding for contempt for any misbehavior in their office, to be tried 
in open court on oral testimony, in a summary way, without formal 
pleadings, but such trial or punishment for contempt of court shall 
not be any bar to any proceedings against such officers, criminally, for 
any violation of this act. Where a vacancy shall occur so late that 


f 


644 STATUTORY PROVISIONS. 

application to and confirmation by the court can not be had before 
the election, then said board of commissioners shall make an appoint¬ 
ment and issue a commission to such officer or officers, and when 
thus appointed, such officer shall be considered an officer of the county 
court, and subject to the same rules and punishment, in case of mis¬ 
behavior, as if confirmed by said court, and any judge or clerk, how¬ 
ever appointed, and at whatever time, shall be considered an officer 
of court, and be subject to the same control and punishment in case 
of misbehavior. Said board of commissioners shall have the right 
at any time, in case of misbehavior, or neglect of duty, to remove any 
judge of election or clerk of election, and cause such vacancy to be 
filled in accordance with this act. The judges and clerks of election 
must be appointed and confirmed at least thirty-five days prior to the 
next election. If any vacancy shall occur or exist more than five days 
before election, the judges or clerks appointed to such places must be 
confirmed by such court. Such commissioners shall not voluntarily 
remove any judge or clerk within five days of such election, except 
for flagrant misbehavior, incapacity or dishonesty. And the reasons 
therefor must afterwards be reported in writing to such court, and if 
such removal be willful and without cause, said commissioners shall 
be guilty of a misdemeanor under this act, and be subject to removal. 

2662. Judges and clerks to be - notified — official oath,] 
§ 14 . After the issue of a commission to such judges and clerks, they 
shall again be notified to appear at the office of said board, and shall then 
and there, after taking the oath of office before one of said commis¬ 
sioners or said chief clerk, receive their commissions, and the oath or 
office shall be in writing and subscribed by each one, and shall be in 
substance as follows: 

“I, .. residing at., in the city (village or 

town) of., in the State of Illinois, do solemnly swear (or affirm) 

that I am a legal voter (and a householder in case of a judge), in the. 

ward of the city (village or town) of., in the State of Illinois; 

that I will support the laws and Constitution of the United States and of the 
State of Illinois, and that I will faithfully and honestly discharge the duties 
of the office of judge (or clerk) of elections and of registration, for the 

.precinct of the.ward of the city (village or town) 

of. .in the county of. in the State of Illinois, ac¬ 

cording to the best of my ability.” 

2663. Place of registry and polling place in each precinct.] 

§ 15 . It shall be the duty of said board of commissioners to ap¬ 
point the place of registry, and also the polling place, in each pre¬ 
cinct in such city, village or town, and to give public notice thereof, 
and shall cause the same to be fitted up, warmed, lighted and cleaned, 
but in each election precinct, such place or places shall be in the most 
public, orderly and convenient portions thereof, and no building or 
part of building shall be designated or used as a place of registry, or 
revision of registration, or as a polling place, in which spirituous or 
intoxicating liquor is sold.. 

2664. Names of penitentiary convicts — persons pardoned.] 

§ 16 . It shall be the duty of the clerk of any court where parties are 











ELECTIONS. 


(545 


tried or convicted of penitentiary offenses in the county where such 
city, village or incorporated town is located, to furnish, monthly, to 
such board of commissioners the names of all parties convicted or 
sentenced for any crimes, the punishment of which is confinement in 
the penitentiary, and their place of residence, if such fact be in the 
possession of such clerk. It shall be the duty of the Governor of the 
State, on or before the first day of October in each year, to furnish to 
such commissioners of election the names of all persons pardoned by 
him out of the penitentiary for any crime of which such party was 
convicted in a court in a county, where said city, village or in¬ 
corporated town is located. 

2665. Monthly reports of the dead.] § 17. It shall be the 
duty of the person or officer, having charge of the vital statistics of 
any such city, village or incorporated town, to furnish to such board 
of election commissioners, monthly, a report of the names and the 
previous residences of all male persons over twenty-one years of 
age that have died during the preceding month. 

2666. List of the dead and criminals,] § 18. It shall be the 
duty of the board of election commissioners to cause to be arranged 
as nearly as possible according to wards in cities, and election pre¬ 
cincts in villages or incorporated towns, the name and 
the residences or the former residences of all such crimi¬ 
nals, and of all such deceased parties, and to have the 
same printed by wards in cities, and election precincts, in villages 
or incorporated towns, and furnish a printed list of the names of such 
persons, whose residence was formerly in such wards or precincts to 
all the judges of election of such wards or precincts when acting as a 
board of registry, for their guidance, and when they shall be advised 
that a person convicted of a crime has been pardoned, such fact shall 
be noted opposite his name. Such list shall be arranged alpha¬ 
betically. 

2667. Notice of registration.] § 19. It shall be the duty of 
such board to give timely notice through the press of the time and 
place of registration and election in each precinct of such city, vil¬ 
lage or incorporated town; and they shall also cause the printed list 
and supplement of the registration for the previous election to be 
posted up at the place of registration, two days before such registra¬ 
tion, with a printed notice of the time and place of the next registra¬ 
tion. This to be obligatory only after the first registration under this 
act. 

2668. Rules and regulations — charge of elections.] § 20. 

Said board of commissioners shall make all necessary rules and regula¬ 
tions, not inconsistent with this act, with reference to the registration 
of voters and the conduct of elections; and they shall have charge of, 
and make provision for all elections, general, special, local, munic¬ 
ipal, State and county, and of all others of every description, to be 
held in such city or any part thereof, at any time, or in such village or 
incorporated town, as the case may be. 


646 


STATUTORY PROVISIONS. 


2669. Election days—holidays,] § 21. The days upon which 
the general, State or county or city elections shall hereafter be held 
in such city, village or incorporated town, shall be holidays, and shall, 
for all purposes whatever as regards the presenting for payment or 
acceptance, and of the protesting and giving notice of the dishonor of 
bills of exchange, bank checks and promissory notes, and as regards 
days of grace upon commercial paper, be treated and considered as is 
the first day of the week, commonly called Sunday. 

2670. Selection of judges and clerks.] § 22. At least sixty 
days prior to the next election occurring immediately after the expira¬ 
tion of the term of office of said judges and clerks, said election com¬ 
missioners shall cause judges and clerks of election again to be 
selected, who shall be selected, appointed and commissioned in the 
same way, according to the same forms and subject to the same quali¬ 
fications and limitations as required for the selection and appointment 
of such officers in the first instance hereunder. 


ARTICLE III. 

GENERAL REGISTRATION. 

2671. Board of registry.] § 1. The judges of election shall 
constitute the board of registry in the precinct for which they shall be 
appointed. 

2672. Who entitled to vote.] § 2. Every person having 
resided in the State one year, in the county ninety days, and in the 
election precinct thirty days next preceding any election therein, who 
was an elector in this State on the first day of April, in the year A. 
D. 1848, or obtained a certificate of naturalization before any court of 
record in this State prior to the first day of January, 1870, or who shall 
be a male citizen of the United States above the age of twenty-one 
years, shall be entitled to vote at such election. 

2673. Meeting of board of registry—registry books—con¬ 
trol of.] § 3. Such Board of Registry and the election clerks shall 
meet in the precinct on Tuesday, three weeks preceding the first general 
city, village or town election, or the first general State or county elec¬ 
tion which may occur after the first appointment of such Board of 
Election Commissioners, at the place designated by such Board of 
Commissioners, and they shall then proceed to make a general regis¬ 
tration of all the voters in such precinct. A new general registration 
shall be made by the Board of Registry in every year in which a con¬ 
gressional election occurs and just prior thereto, the first day of such 
registration being on Tuesday, three weeks before such election, and 
the second day of registration being on Tuesday, two weeks before 
such election. Three registry books shall be furnished to such Board 
of Registry by the Board of Election Commissioners for the purpose 
of such registration, and such books of registry shall be prepared sub¬ 
stantially in the following form: 


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REGISTER OF VOTERS.PRECINCT 




























































648 


STATUTORY PROVISIONS. 


One of said books shall be denominated “Public Register ’ on the 
outside, or on the first page. 

Said Board of Registry shall then proceed as follows: 

I. They shall open the registry at eight o’clock a. m., and con¬ 
tinue in session until nine o’clock p. m. on the first day. One of the 
judges shall administer to all persons who shall personally apply to 
register, the following oath or affirmation: 

“You do solemnly swear (or affirm) that you will fully and truly 
answer all such questions as shall be put to you touching your place 
of residence, name, place of birth, your qualifications as an elector, 
and your right, as such, to register and vote under the laws of this 
State.” 

II. Each of said clerks of election, and one of said judges of elec¬ 
tion, shall have charge of the registry books, and shall make the 
entries therein required by this act, and one of the judges shall ask 
the questions as to qualification, and after he is through either of 
the judges may ask questions. One of the judges of election may, 
when necessary, relieve one of the clerks from time to time, as neces¬ 
sity may seem to demand, in making entries in said book. 

III. The name of every applicant shall be entered in such reg¬ 
istry books, and all the facts shall be therein stated, as hereinafter 
provided, whether he be entitled to vote or not. If it shall be deter¬ 
mined by the board that he is not a qualified voter in such precinct, 
then an entry shall be made'in the appropriate column, “No,” and if 
qualified, an entry shall be made in the same column, “Yes.” 

IV. Only such male persons of the age of twenty-one years, re¬ 
siding in such precinct, as apply personally for registration, shall be 
entered in such registers; but every applicant who would be twenty- 
one years of age on the day of the next election, if otherwise qualified, 
shall be entered on such registers. Every applicant who has com¬ 
menced to reside in such precinct at least thirty days before such 
election shall be entered in such registry, and shall be marked “qual¬ 
ified,” or “disqualified,” as the case may be; but unless, on the day of 
election, he shall have resided for thirty full days in such election pre¬ 
cinct, he cannot vote therein, although otherwise qualified. 

V. The headings to the registry book shall be so prepared that the 
registry shall be made alphabetically, according to the surname of 
each person applying, but it shall be arranged so that the residence 
of such persons shall appear in the first column. The register shall 
be ruled, and one name shall be written on each line, but no name 
shall be written between the lines. The entries shall be as follows: 

i. Under the column “Residence,” the name and number of the 
street, avenue, or other location of the dwelling, if there be a definite 
number, and if there shall not be a number, such clear and definite 
description of the place of such dwelling as shall enable it to be 
readily ascertained. If there shall be more than one house at the 
number given by the applicant as his place of residence state in 
which house he resides. And if there be more than one family re- 


ELECTIONS. 


649 


siding in said house, either the floor on which he resides, or the num¬ 
ber or location of the room or rooms occupied by him, whether 
front or rear; every floor below the level of the street or ground being 
designated as the basement; the first floor above such level being 
designated as the first floor, and each floor above that as the second 
or such other floor as it may be. 

2. Under the column “Address,” the name of the applicant, writing 
the surname first, and given or Christian name after. 

3. Under the column “Nativity,” the State, county, [country] king¬ 
dom, empire, or dominion, as the facts stated by applicant shall be. 

4. Under the subdivisions of the general column “Term of Resi¬ 
dence,” the periods by days, months, or years stated by the applicant. 

5. Under the column “Naturalized,” the word “Yes.” Under 
the column “Native,” the word “Yes,” according to the fact stated. 

6. Under the column “Date of Papers,” the date of naturalization, 
if naturalized, or about the date. 

7. Under the column “Court,” the designation of the court in 
which, if naturalized, such naturalization was had; and, if the name of 
the court can not be had with certainty, then the name of the place 
in which such court was located. 

8. Under column “By act of Congress,” the word “Yes,” in 
case such person, though foreign born, has been made a citizen by 
act of Congress without taking out his naturalization papers. 

9. Under the column “Qualified Voter,” the word “Yes,” or “No,” 
as the fact shall appear or be determined by a majority of the board of 
registry, it being, however, required of them to designate as a qualified 
voter, any male person who, if otherwise qualified, shall not at the time 
of making application, be of age, provided the time when such appli¬ 
cant shall be of the age of twenty-one shall be subsequent to the date 
cf his application, and not later than the day of election immediately 
following such time of applying. 

10. Under the column “Date of Application,” the month, day and 
year when the applicant presented himself and was adjudged a quali¬ 
fied voter in election precinct. [Added by act approved June 18, 1891. In 
force July 1, 1891.] 

2674. Signature of judges and certificate,] §4. At the end of 
each day’s registry, or revision of registration, said judges shall each 
sign his name at the end of the list on each page, so that no new name 
can be added without discovery, and shall also sign a certificate, as 
hereinafter provided, but before doing so, the said judges and clerks 
shall compare the three registers so kept, and cause any differences 
tc be corrected, and to make the same agree in all respects, and said 
judges shall then attach at the end of each register, in substance in 
the words and figures following: 

“We, the undersigned, judges of election in .precinct of 

the .ward of the city of.. in the State of Illinois, 

do jointly and severally certify that at the general registration of electors in 
said election precinct, on the .day of.there were regis- 







650 


STATUTORY PROVISIONS. 


tered by us in said election precinct the names which in this book are entered, 
and that the number of registered and qualified voters was and is the num¬ 
ber of." 

“Dated.” 

2675 . Registry to be hung up—right to challenge—affidavit.] 

§ 5. Said board of registry shall, on or before noon of the day fol¬ 
lowing such registry, hang up the register, which shall be known as 
the public register, at the place of registration, which shall be accessi¬ 
ble to the public during all business hours, and the other two registers 
shall be returned to the board of election commissioners, within the 
time aforesaid. Any voter of the ward, village or town shall be per¬ 
mitted to be present at the place of registration in said ward and shall 
have the right to challenge any applicant who applies to be registered. 
And when challenged such applicant must make an affidavit in writ¬ 
ing, setting out the facts which constitute him a voter in such precinct, 
and leave it with said board of registry, and if it shall be deemed suffi¬ 
cient and if the board is convinced that such person is a qualified voter, 
then he must be admitted to such registry as qualified. And any person 
claiming to be an elector of any election precinct in such city and who, 
upon application is denied the right to be registered as a qualified voter 
in such precinct, may, within two days after such denial of registry, 
make and sign an application in writing, under oath, to said board 
of election commissioners in substance in the following form: 

“I do solemnly swear that I, .did, on.make 

application to the board of registry of the.precinct of. 

ward of the city of...and that said board refused to register me as a 

qualified voter in said precinct; that I reside in said precinct, am a duly quali¬ 
fied voter and entitled to vote in said precinct at the next election." 

2676 . Revision register—second meeting—corrections, etc,, 
copy.] § 6. On Tuesday, two weeks preceding said city, village, 
town, State or county election, said board of registry shall again meet 
at the place designated, and said clerks of election shall meet with 
them, and they shall remain in session from 8 o’clock a. m. until 9 
o’clock p. m., for the purpose of registering all qualified voters not be¬ 
fore registered and who shall apply in person to be registered. The 
same form shall be observed as to applications made on the second 
day as are required on the first day of registry. 

If at the end of such day’s registration, the said registers shall be 
examined, compared and made to agree, and they shall then be signed 
by the judges in the same way as at the end of the first day’s registry, 
and similar certificates shall be attached thereto. 

The board of election commissioners shall furnish to the board of 
registry in each precinct a blank book, which shall be named “Verifi¬ 
cation Lists,’’ each page of which shall be ruled into three columns, 
and those on the left-hand side shall be marked thus: 









ELECTIONS. 


651 


REGISTERED NAMES. 


Street Number. 

(Name). 

Street. 

Names. 

















And the pages on the right hand side shall be marked thus: 

NAMES NOT REGISTERED. 


Street Number. 

(Name). 

Street. 

Names. 





o 















Such book shall contain pages sufficient to allow six pages for each 
street, avenue, alley and court in the precinct. During the progress 
of the registration, or immediately thereafter the clerks of said board 
shall transfer all the names upon the register to the left-hand page 
of such “verification lists,” arranging them according to the streets, 
avenues, alleys or courts, beginning with the lowest residence number, 
and placing them numerically, as near as possible, from the lowest up 
to the highest number. They shall first write the name of such street, 
avenue, alley or court at the top of the second column, and then pro¬ 
ceed to transfer the names to the left-hand page of such “verification 
lists,” according to the street numbers as above indicated. 

On the opposite, or right-hand page, the name of the same street, 
avenue, alley or court shall be written in the second column. If, 
during either day of registration, any registered voter of the ward, 
village or incorporated town shall come before the Board of Registry 






































652 


STATUTORY PROVISIONS. 


and make oath that he believes that any particular person upon said 
registry is not a qualified voter, such fact shall be noted; and after the 
completion of such “verification lists” such board or one of said judges 
shall make a cross or check-mark in ink opposite such name. If said 
judges shall, however, know that any person so complained of is a 
qualified voter, and shall believe that such complaint was only made 
to vex and harass such qualified voter, then such name shall not be 
put upon such list, but shall go upon such list in case any one of the 
judges desire. Said judges shall, before noon of the next day, hang 
up such public register at the place of registration, and within the 
same period of time return the other two registers to the office of said 
election commissioners. [As amended by act approved June 18, 1891. 
In force July 1, 1891.] 

2677. Duty of clerks—canvass of precincts—how made—veri¬ 
fication list—refusal to answer questions—policemen—penalty.] 
§ 7. The clerks of election are hereby constituted canvassers of the 
precinct for which they are appointed, and upon the Wednesday and 
Thursday following the second day of registration, if so much time 
shall be required, said two clerks shall go together and canvass such 
precinct, calling at each dwelling place or each house where any one 
may reside in such precinct and each dwelling place as indicated upon 
said “verification lists,” and ascertain the name of every male inhab¬ 
itant over 21 years of age residing in such precinct, and if they shall 
find that any person upon their “verification lists,” on the left-hand 
page thereof, does notX reside at the place designated thereby, they 
shall make a check-mark or cross opposite such name. 

Said canvassers shall also write down in their “verffication lists,” on 
the right-hand page thereof so designated, “names not registered,” 
according to the street and street numbers, all the names of all per¬ 
sons so ascertained by them who reside in such precinct whose names 
are not already upon their “verification lists.” No name shall be 
written down on said right-hand page which already appears on said 
left-hand page of such “verification lists.” Whenever deemed neces¬ 
sary by said canvassers, or either of them, he or they may demand of 
the superintendent, captain, lieutenant or other person having com¬ 
mand of the police in such portion of the city, village or town, to fur¬ 
nish a policeman to accompany them and protect them in their duties 
when necessary; and it shall be the duty of such superintendent, cap¬ 
tain, lieutenant or other person having authority over such police, in 
such locality to furnish a policeman for such purpose, and in default 
thereof such superintendent, captain, lieutenant or other person shall 
be deemed guilty of a misdemeanor under this act, and shall be liable 
to penalty not exceeding $100 nor less than $25. If, in making such 
canvass, any person shall refuse to answer questions and give the in¬ 
formation asked for, and known to him or her, such person shall be 
deemed guilty of a misdemeanor under this act, and shall be liable to 
a penalty not to exceed $50. In making such canvass said canvassers 
shall make special inquiry at the residences as designated in the regis- 


ELECTIONS. 


653 


try and verification lists’ as to all the persons so registered as quali¬ 
fied voters. [As amended by act approved June 18, 1891. In force 
July 1, 1891.] 

2678 . Canvass to be compared with register—names maybe 
added to verification list—notice to persons on list-duty of 
canvassers — penalty.J $ 8. Immediately upon the completion of 
such canvass, said canvassers, or one of them, shall sign a notice and 
send the same through the United States mail, duly stamped, to the 
address given upon the registry and “verification lists,” of all persons 
named therein against whose names they have made a cross or check¬ 
mark, indicating that they did not reside in such place as before stated, 
and also to the address of all persons against whose names said 
Registry Board or judge of election has placed a check-mark or cross 
in such “verification lists,” which notice shall require such person to 
appear before the Board of Registry upon the Saturday following, 
giving the time of such session, and to show cause why his name 
should not be erased from such registry. Proper blanks and postage 
stamps shall be furnished for the purpose to said canvassers by the 
Board of Commissioners. A similar notice shall be also served by one 
of said canvassers, either at the time such canvass is being made or 
before the following Saturday, by leaving the same with the party, 
if found, or, if he is not found at the place designated in such registry 
and “verification lists,” by leaving the same at such address if there be 
such a place. Such notice to be sent through the mail, must be mailed 
not later than 10 o’clock Friday morning of the week of such canvass. 
If sufficient postage stamps are not delivered to such canvassers by 
said board for the purpose aforesaid, then any one may furnish such 
postage stamps to such canvassers for that purpose, or such canvass¬ 
ers may procure the same at their own expense and afterward render 
an account therefor to said commissioners, duly sworn to, and it shall 
be the duty of the said commissioners to audit such account and cause 
the same to be paid. It shall be the duty of such commissioners, upon 
application, to deliver to such canvassers postage stamps sufficient for 
the purpose aforesaid, when not delivered before, and it shall be the 
duty of such canvassers, or one of them, to apply to said commission¬ 
ers for such postage stamps, if sufficient number have not been deliv¬ 
ered to them for the purpose aforesaid, and any willful neglect of said 
canvassers to make application for sufficient postage stamps as afore¬ 
said, and any willful neglect of such canvassers to mail the notice 
aforesaid to all of the parties checked and designated as aforesaid, and 
the willful neglect of such canvassers to leave the notice aforesaid at the 
place designated for such person so designated and any willful neg¬ 
lect to check the name of any person on said “verification lists” trans¬ 
ferred from the registry as aforesaid and not found at the place desig¬ 
nated, and any willful neglect to transfer all the names from the regis¬ 
try as aforesaid to such “verification lists” in the manner aforesaid, 
shall be deemed a misdemeanor, and such canvasser or canvassers 
shall be punished, upon conviction thereof, by imprisonment in the 


654 


STATUTORY PROVISIONS. 


county jail for not less than one month nor more than one year, and 
such canvassers shall also be liable to be punished by the county 
court of the proper county as for contempt and be fined not less than 
$50, or imprisoned in the county jail by such court for a period not 
exceeding 100 days, or both, in the discretion of the court. And it 
shall be the duty of said Board of Election Commissioners, when com¬ 
plaint is made to them, to investigate the action of such clerks or can¬ 
vassers, and to cause them to be brought before such county court 
and to prosecute them as for contempt, and also, at their discretion, 
to cause them to be prosecuted criminally for such willful neglect 
of duty. [As amended by act approved June 18, 1891. In force July 
1, 1891.] 

2679. Third meeting of board — revision of register — add¬ 
ing and erasing names — notice to parties — powers of board 
— application to election commissioners.] § 9. On the 

Saturday following the Tuesday two weeks preceding such general 
county, city, village, town or State election, said Board of Registry 
shall again meet at the place designated, and the said clerks of election 
shall meet with them, and they shall remain in session from 6 o’clock 
p. m. to 10 o’clock p. m. for the sole purpose of revising their registry, 
and no new names shall be added. Said canvassers, or one of them, 
shall make out a list of the names of parties checked and designated 
as aforesaid and to whom such notice has been sent, given or left 
with the address, and make and attach his or their affidavit or affidavits 
thereto, stating that notice duly stamped was mailed to each of said 
parties at the places designated on such list, on or prior to 10 o’clock 
a. m. of the previous Friday, and that notice was also personally left 
at the said address of each of said parties named in said list so attached, 
if there be any such address. Blank affidavits shall be furnished by 
said commissioners for the purpose aforesaid; but if none are fur¬ 
nished such canvassers shall cause the same to be drawn, and they 
shall swear to such affidavit before one of the judges of such precinct. 
If either of said canvassers shall willfully neglect and fail to make such 
affidavit with the list aforesaid attached, he shall be punished in the 
same manner as last above provided, and if such affidavit shall be 
willfully false the maker thereof shall also be punished in the manner 
last aforesaid, and shall also be liable for perjury. 

If any person to whom such notice has been sent shall appear before 
the Board of. Registry during that session he shall make oath and sign 
an affidavit, in substance, as follows: 

“I do solemnly swear that I am a citizen of the United States, and 

that I have resided in the.precinct of the.ward 

in the city of.and the county of., and the 

State of Illinois, since the.day of. t and that I 

have never been convicted of any crime (or if convicted, state the time and 
when pardoned by the Governor of any State).” 

This affidavit shall be signed and sworn to before one of such Board 
of Registry, and it shall be preserved and filed in the office of said elec- 








ELECTIONS. 


655 


tion commissioners. Thereupon said Board of Registry shall further 
examine him, and shall also swear such canvassers, and hear them 
upon the question, and they shall also have the power to send one or 
both of said canvassers to make further examination, and inquire at 
the place claimed by such person to be his residence, and again ex¬ 
amine such canvassers touching the same; and if, after such further 
examination and hearing, the majority of said board are of the opinion 
that such person is not a qualified voter in such precinct, they shall 
mark the word “Yes” under the column of the registry marked “erase,” 
and shall also draw a line in ink under his name, which memorandum, 
in case of any registration, shall indicate that the name of such person 
is erased from the register, and such person shall not be entitled to 
vote unless his name be restored as hereinafter provided. During the 
last hour of said session, if any person so notified to appear at such 
session has not yet appeared and shown cause why his name should not 
be erased from such register, the same shall be erased in the manner 
aforesaid. Persons whose names have been so erased may make ap¬ 
plication in writing to said Board of Election Commissioners within 
two days thereafter to be restored to such register as in the cases before 
provided for. Either of said clerks shall have the power and right of 
both in the matter pertaining to such canvass, except that both are re¬ 
quired to go together and make such canvass; but in case either refuses 
or neglects to go and make such canvass as aforesaid, then the other 
may make such canvass alone. But a clerk who willfully neglects to per¬ 
form his duty in making such canvass shall be deemed guilty of a mis¬ 
demeanor, and on conviction shall be imprisoned in the county jail not 
exceeding sixty days nor less than thirty days, and shall also be 
deemed guilty of a contempt of court, and be punished accordingly as 
an officer of said county court. In case of temporary disability on the 
part of either canvasser or clerk, the judge who belongs to the same 
party may appoint a temporary clerk or canvasser, who shall belong to 
the same party, and administer to him the usual oath of office, and he 
shall perform all the duties of the office until the disability of the reg¬ 
ular clerk or canvasser is removed. 

The “verification lists” aforesaid, after the final revision, shall be at 
once returned by the Board of Registry to the Board of Election Com¬ 
missioners, and within thirty days after such election such Board of 
Election Commissioners shall turn over said “verification lists” to 
the clerk of the county board, to be used by such county board in the 
preparation of jury lists; and it shall be made the duty of such county 
board to carefully keep such lists arranged in order; and from the legal 
voters of such lists of “names not registered” such county board shall 
first prepare such jury lists, and afterward from the legal voters of such 
lists of “registered names.” [As amended by act approved June 18, 
i8qi. In force July i, i8qi.] 

2680. The three registers to be compared and corrected 
— one to be hung up, two returned — printing register.] 

§ io. At the end of the last session above provided for, the said board 


656 


STATUTORY PROVISIONS. 


of registry and said clerks shall compare and correct the three registers 
aforesaid and make them correspond and agree, and said judges shall 
then, immediately following the last name on each page of the register, 
sign their names, so that no other names can be added without discov¬ 
ery, and shall add the certificate as provided at former sessions. And 
thereupon and during the forenoon of the next day, said judges shall 
hang up the registry, known as the public register, in the place of reg¬ 
istration for the use of the public, and shall return the other two reg¬ 
isters to the possession of the board of election commissioners; and 
thereupon the said board of commissioners shall at once cause copies 
to be made of such registers of all names upon the same with the ad¬ 
dress not marked erased, and shall have the same arranged according 
to the streets, avenues, courts or alleys, commencing with the lowest 
number, and arranging the same in order according to the street num¬ 
bers, and shall then cause such precinct register, under such arrange¬ 
ment, to be printed in plain large type in sufficient numbers to meet all 
demands, and upon application, a copy of the same shall be given to 
any person in such precinct. Said commissioners may, in their dis¬ 
cretion, cause such precinct register to be published in one or more 
newspapers published in said city. 

2681 . Application to erase name—notice.] § u. Any voter 
or voters in the ward, village or town containing such precinct, may 
make application in writing before such board of election commission¬ 
ers to have any name upon such register of any precinct in the ward 
erased which application shall be in substance, in the words and figures 
following: 

“I, (or we)..... do hereby solemnly swear (or af¬ 
firm) that I (or we) believe that. is not a qualified voter in 

.precinct of.ward of the city (village or town) 

of..., and hence I (or we) ask that his name be erased from 

the register of such precinct.” 

Such application shall be signed and sworn to by the applicant and 
filed with said board. Thereupon notice of such application with a de ¬ 
mand to appear and show cause why his name shall not be erased from 
said registry shall be personally served upon such person or left at his 
place of residence, named in such registry, by a messenger of said 
board of commissioners, and as to the manner and time of serving such 
notice, such messenger shall make affidavit; said messenger shall also 
make affidavit of the fact, in case he can not find such person or his 
place of residence, and that he went to the place named on such reg¬ 
ister as his place of residence. Such notice shall be served at least 
one day before the time fixed for such party to show cause. Said 
commissioners shall also cause a like notice or demand to be sent by 
mail, duly stamped and directed, to such person, to the address upon 
said registry, at least two days before the day fixed in said notice to 
show cause. 

2682 . Docket of applications — notice — order of business — 
restoring and erasing names.] § 12. A docket of all applications 







ELECTIONS. 


657 


to said commissioners, whether such applications shall be made for the 
purpose of being registered, or for the purpose of erasing a name 
on the register, shall be made out in the order of the wards and pre¬ 
cincts. The commissioners shall sit to hear such applications on the 
Tuesday and Wednesday immediately preceding such election. They 
shall take up the wards or precincts in their numerical order. The 
decision of each application shall be announced at once after hearing, 
and a minute made thereof; and when an application to be registered 
or to be restored to such register shall be allowed, the said board shall 
cause the same to be made upon the two registers of said precinct so 
in its possession. And where an application to erase a name shall 
be allowed, said board shall cause the same to be erased forthwith. 
[As amended by act approved June 18, 1891. In force July 1, 1891.] 

2683. County court—application to put name on or erase 
from register.] § 13. The county court of the county in which such 
city, village or incorporated town shall be located shall, on Friday and 
Saturday of the week prior to the week in which such election is to 
be held, specially sit to hear such applications as shall be made to it to 
be placed upon the register in any particular precinct. Such applica¬ 
tion shall be sworn to, and shall state that the party making the same 
has applied to the Board of Registry of the precinct and to the Board 
of Election Commissioners, and that one or both boards refused to 
place him upon such registry, or has stricken his name from such 
registry, as the case may be. Application shall be made on or before 
the opening of the court on the Friday last aforesaid, and the court 
shall cause a docket of such applications to be made out, arranged 
by wards and precincts, and the same shall be heard summarily, and 
evidence may be introduced for and against such applications. Each 
case shall be decided at once on hearing, and the clerk of the court 
shall make a minute of the disposition of each application; a copy of 
such minute shall at once be given to said commissioners, who shall 
forthwith cause such names to be placed upon the appropriate register, 
and indicate that it was entered by order of court. After the entry 
of the applications so allowed by said court, no further change shall be 
permitted, and the appropriate stamp prepared shall be fixed to the 
end of each page of names in each precinct registered by said Board of 
Commissioners. Said books of registry so prepared shall, on the day 
prior to the election, be delivered to the judges of election, one only, 
however, to be delivered to the judge or judges representing the same 
political party. No person admitted to the registry by order of such 
court or such board shall be protected by such order in case he should 
be indicted for false registration or false voting. [As amended by act 
approved June 18, 1891. In force July 1, 1891.] 

2684. Refusal of application— appeal bond —evidence — 
record.] § 14. In case said county court shall refuse any such 
applications, an order shall be entered accordingly on the Wednesday 
following the session of the court held for the purpose aforesaid, and 
any person desiring to appeal from the said order may appeal to the 

42 


658 


STATUTORY PROVISIONS. 


Supreme Court of the State, if application be made therefor within 
five days after the entry of said order, and such appeal shall be al¬ 
lowed on the giving of an appeal bond in the penalty of $250, condi¬ 
tioned to pay the expenses of such appeal. The time for filing such 
appeal bond and certificate of evidence shall be fixed by the court, 
and upon presentation to the court of a certificate containing the evi¬ 
dence heard at such hearing, within the time fixed by the court, 
the court shall sign the same and thereupon the same shall become 
part of the record in said cause. 

2685. Suplemental list to be printed and posted—delivery 
of.] §15. A supplemental list of all persons who shall have been 
registered by order of said board, or by order of such county court, 
and a supplemental list of all persons erased from such registry by 
order of said board of commissioners or of said county court, of suffi¬ 
cient quantity to accommodate each precinct, shall be printed by such 
board, and thereupon on the day of election, said board shall cause 
to be posted up at each precinct where such election is to be held, 
the original printed registry and the supplemental lists aforesaid, 
and shall also cause a copy thereof to be delivered to each judge and 
clerk, and to all other persons of the ward, village or town demanding 
the same. 

2686. General registration — forms — blanks and methods.] 

§ 16. Every general registration shall be made in the same 
manner and in conformity with directions heretofore given. At every 
general registration every person desiring registration must appear 
in person and make application, under oath, as in the case of the first 
registration herein provided. The same form and blanks and methods 
of proceedings shall be had before and by the Board of Registry, and 
by the canvassers and by and before the judges of election and election 
clerks and by the Board of Election Commissioners and county court, 
in every subsequent general registration as is directed herein for the 
first registration and election following the same. [As amended by act 
approved June 18, 1891. In force July 1, 1891.] 

IMMEDIATE REGISTRATION. 

2687. When last general registration shall be used—revision 
of—removal of voter—certificate—affidavit.] § 17. At every 
election held in each city, village or incorporated town between the 
general registration above referred to (except in the case of a special 
election in and for such city, village or town, or in some part of such 
city, village or town, and except at any judicial election held between 
such general registrations, at which election no other officers than ju¬ 
dicial officers are to be voted for) the last general registration shall be 
used, but the same shall be revised by the Board of Registry of each 
precinct where such election is to be held, and for that purpose the 
Board of Registry shall meet on Tuesday, two weeks preceding such 
election, and shall hold a session from 8 o’clock a. m. to 9 o’clock p. m., 


ELECTIONS. 


659 


on that day, and names may be added to the registers in the same way 
upon sworn application as in the case of a general registration, and 
all the other forms and requirements are to be observed. 

If a voter remove from one place to another in the same precinct, 
such party must appear before such Board of Registry when in ses¬ 
sion and make oath as to such removal, and the registers shall be 
corrected accordingly; and if not corrected, such person cannot vote 
unless he shall make oath before one of the judges of such precinct 
that he is the identical person whose name appears upon the register 
(though it be erased) as having been registered at some other place 
in such precinct (naming the place), and unless such statement shall 
be verified by two householders, residing in such precinct, that he is 
the identical person so registered at such other place in the precinct, 
whereupon such judges of election, if they believe him to be the same 
person registered at such other place, shall receive his vote. 

The fact that a voter is registered in one precinct from which he 
has removed shall not prevent him from being registered in another 
precinct into which he has removed: Provided, he is otherwise entitled 
to be registered therein: And, provided, further, that it shall be the 
duty of the Board of Election Commissioners to remove his name 
from the registry book of the former precinct immediately on the reg¬ 
isters being returned into their office; and it is made the duty of the 
judges of election to question every voter offering himself to be reg¬ 
istered as to whether he was or is registered in any other precinct and 
to make a note of the fact of such registration and the precinct where 
registered in a column to be provided in the registry books for that 
purpose. [As amended by act approved June 18, 1891. In force July 
1, 1891.] 

2688. Verification list — mode of keeping,] § 18. Blank 
books named “verification lists” shall be furnished to the Board of Reg¬ 
istry in all intermediate registrations the same as in the case of original 
or general registrations as provided for in section 6, article 3 hereof, 
and the clerks of election shall transfer to said “verification lists” all 
of the names already upon the registry at the commencement of such 
intermediate registration, and all new names added thereto on such 
day of intermediate registration, in the same manner and form as pro¬ 
vided in said section 6; and the duties of the judges and clerks in regard 
to such “verification lists” shall be the same as provided in said section 
last mentioned. [As amended by act approved June 18, 1891. In 
force July 1, 1891.] 

2689. Registers—how signed, compared, certified and re¬ 
turned.] § 19. At the end of such session such registers shall be 
made to agree and where there is any difference the majority of said 
board shall decide the same, and then each of said judges shall sign each 
page of each register made, below the last name on each page, so that 
no name can be added thereto without discovery, and the usual cer¬ 
tificate shall be added. Two of such registers shall be returned to said 
Board of Election Commissioners by noon next day, and the one called 


660 


STATUTORY PROVISIONS. 


the “public register” shall be hung up in the place of registration. 
[As amended by act approved June 18, 1891. In force July 1, 1891.] 

2690. Duty of clerks and canvassers.] § 20. The clerks of 
election of such intermediate registration are hereby constituted can¬ 
vassers of the precincts in which they are appointed, and the same 
duties are imposed upon them and upon all other persons with refer¬ 
ence to such canvass as are required of such canvassers under section 

7, article 3 hereof. [As amended by act approved June 18, 1891. In 
force July 1, 1891.] 

2691. Intermediate registration.] §21. In the matter of such 
intermediate registration notices shall be given as required by section 

8, article 3 hereof, and every provision of said section 8, and every 
duty, penalty and punishment therein provided shall be applicable and 
in full force as to such intermediate registration. Said Board of Reg¬ 
istry is specially charged to look after such canvassers and see to it 
that the law is observed in all its parts by such canvassers, and any 
willful neglect shall render such judges liable to the same extent and 
for like penalties and punishments as are such canvassers hereunder. 
The Board of Election Commissioners shall give special directions to 
such canvassers in writing or print in regard to their duties as such, 
and the penalties to be incurred by them for the neglect thereof and 
also to the registry board of their duties in making such revision in 
order and to the end that no name shall be left upon such register of 
any person not entitled to vote in such precinct. [As amended by act 
approved June 18, 1891. In force July 1, 1891.] 

2692. Meeting of the board to revise the registry.] § 22. 
On Saturday following the Tuesday of said intermediate registration 
such Board of Registry shall meet again at the place designated, and 
said clerks of election shall meet with them, and they shall remain in 
session from six o’clock p. m. to ten o’clock p. m. for the purpose of 
revising such registry, and thereupon such proceedings shall be had 
and taken by said canvassers and said Board of Registry as are pro¬ 
vided for in section 9, article 3 hereof, and all the duties to "be performed 
and all the penalties and punishments therein provided shall be appli¬ 
cable and in force as if here again repeated with reference to such 
intermediate registration and canvass and revision. No new names 
shall be added at such meeting. Said “verification lists” shall be dis¬ 
posed of as provided in said section 9. [As amended by act approved 
June 18, 1891. In force July 1, 1891.] 

2693. Registers, how compared, signed, certified and re¬ 
turned to election commissioners.] § 23. The three registers 
shall then be compared and be made to agree where there is any differ¬ 
ence, and all three shall be signed at the bottom of each page by all 
of said judges immediately under the last name on that page, so'that 
no new name could be added without discovery. Such revision of the 
registry by said board of registry shall then be considered closed, and 
no other names can be added by said board, and a certificate of the 


ELECTIONS. 


mi 


number of qualified voters shall then be attached, and one of said reg¬ 
isters, designated as the public register, shall then be hung up at the 
place of registration for public inspection at all times prior to the 
election; and the other two books of registry shall, by noon of the next 
day, be returned to the said board of election commissioners. 

2694, Commissioners to have registers corded, printed and 
returned to election commissioners.] § 24. Said board of elec¬ 
tion commissioners shall immediately, upon the return of said registers 
cause the registry of each precinct to be copied and arranged accord¬ 
ing to street numbers, as in case of the first registration, and shall 
cause a suitable number of each precinct to be printed for distribution; 
and shall cause a copy thereof to be posted, and copies given to the 
judges and clerks, as provided in case of first registration; and also to 
furnish printed supplemental lists, as before directed as to the first reg¬ 
istration. 

2695. Board of election commissioners may hear application 
for erasure of names and for registration thereon.] § 25 . 

Said Board of Election Commissioners shall hear applications for the 
erasure of names upon the registry and for the registration of persons 
thereon in the same way and form and at the same time or times as is 
provided with reference to such original or new registration, and the 
same methods are to be adopted, and in all particulars the proceedings 
shall be the same before the Board of Election Commissioners and 
before the county judge with reference to reinstatement and erasures 
as is provided for with reference to such original or new registration. 
[As amended by act approved June 18, 1891. In force July 1, 1891.] 

2696, Possession and return of registers to commissioners 
—corrections.] § 26. On election day said judges shall take pos¬ 
session of said third or public register, and after such election, and on 
the next day, all three of said registers shall be returned to said board 
of election commissioners, and said third public register shall, imme¬ 
diately after such election, be corrected by said board of commission¬ 
ers, so as to correspond with the other two registers, or in case it shall 
be mutilated, or in case any register of any precinct shall be lost, said 
board of commissioners shall cause a true copy to be made from the 
other register or registers, so that prior to the next meeting of the 
board of registry there shall be three registers for each precinct. This 
section is made applicable, and it shall be the duty of the judges of 
election to observe it after each and every election. 

2697. Special elections—no revision of registry—how con¬ 
ducted.] § 27. At any special election occurring in a portion of 
such city, village or town only, or which is to fill a vacancy occurring 
in a single office, and at all judicial elections, at which no other than 
judicial officers are to be elected, there shall not be a previous revision 
of the registry. But at such special or judicial election any legal voter 
of a precinct shall be entitled to vote in case he shall file with the 
judges of election an affidavit, stating the time when he removed into 


602 


STATUTORY PROVISIONS. 


such precinct and the length of his legal residence in such precinct, 
county and State, and that he has removed into that precinct since the 
last registration of electors at the last election, and that he is a legal 
voter of such precinct, supported by an affidavit of a registered voter 
and householder of the precinct that he knows such person, and that 
his statements as to his time of residence, as aforesaid, are correct, and 
that such person is a legal voter in such precinct. But it shall be the 
duty of such judges of election to examine him on oath as to his quali¬ 
fications, and, if they are of the opinion that he is not a legal voter, 
or did not remove into such precinct since the last general or interme¬ 
diate registration, they shall not accept of his vote. The books of 
registry shall be used at such elections, and no one can vote unless 
upon, such registry, except under the circumstances and through the 
method aforesaid. All affidavits shall be returned to the office of such 
election commissioners by the judges of election after every registra¬ 
tion and after every election. 

2698. Inspection of registers.] § 28. The registers in the 
office of the election commissioners shall, at all times, be open to pub¬ 
lic inspection without charge. 

2699. Delivery of registers, ballot box, etc., to judges.] 

§ 29. Said judges of election of any precinct shall, on the day preced¬ 
ing any election, call at the office of said commissioners, and receive 
two registers of such precinct, one being received by the representative 
of one leading political party, and the other by the representative of the 
other leading political party. The ballot box of such precinct shall 
be delivered to one of said judges with the key, and it shall contain the 
poll books and all the blanks and stationery required for such election. 

2700. Penalty for mutilating or destroying public register.] 
§ 30. If any person shall willfully remove, mutilate or destroy the 
public register, hanging up at the place of registry, he shall be guilty 
of a misdemeanor, and upon conviction shall be imprisoned in the 
county jail not less than three months nor more than twelve months. 

2701. Filling vacancy on board of registry.] § 31. Any 
vacancy upon such board of registry, on the day of registration, shall 
be filled by the judge or judges present, always selecting a person of 
the same political party as the party absent, and the same oath shall 
be administered by one of the judges present to such temporary judge, 
as provided for regular judges. Whenever any regular judge shall 
return or be present, such temporary incumbent shall vacate his office. 


ARTICLE IV. 

ELECTION. 

2702, Time of opening and closing polls—presence of judges 
and clerks.] § 1. The election polls shall be opened at six o’clock 
in the morning, and continued open until four o’clock in the after- 


ELECTIONS. 


663 


noon, of the same day, at which time the polls shall be closed, and if 
any judge or clerk shall be behind time for fifteen minutes after the 
time for opening such polls, he shall be guilty of a misdemeanor under 
this act and punished accordingly. No judge or clerk shall absent 
himself to exceed five minutes at any time, until the ballots are all cast 
and counted and returns made, except one at a time of such judges or 
clerks may absent himself for sufficient time to cast his vote in the 
precinct where he belongs. And when absent for any cause, said 
judge or clerk shall authorize some one of the same political party with 
himself to act for him until his return. 

2703, Judge or judges present may fill place of absent 
judge — absence — penalty — detaining register, etc,] § 2 . 
If any judge or clerk shall not be present after the expiration of fifteen 
minutes from the time to open the polls, the judge or judges present 
shall fill the place of such absent judge or clerk, always selecting a 
person of the same political party as the party absent. And one of the 
judges shall administer to such substitute the oath, as required of the 
judge or clerk originally appointed, and blank forms shall be sent out 
by the commissioner for such purpose, which oath shall be preserved 
and returned to the commissioners, and such appointee shall be consid¬ 
ered an officer of the county court, and subject to the same punishment 
and penalties as any other judge or clerk. Whenever such regular 
judge or clerk shall be present such substitute shall cease to act. Any 
judge or clerk who shall willfully absent himself from the polls on elec¬ 
tion day, without good cause, shall be guilty of a misdemeanor, and be 
subject to a fine or penalty of five hundred dollars. And if such judge 
or clerk shall willfully detain any register or poll book, and not cause 
it to be produced at the polling place, at the opening of the polls, or 
for fifteen minutes thereafter, he shall be deemed guilty of a misde¬ 
meanor, and on conviction, shall be imprisoned not less than three 
months nor more than one year in the county jail, or be fined not less 
than two hundred dollars nor more than one thousand dollars. 

2704. Ballot box not to be removed from public view— 
penalty—removal of obstruction.] § 3. Before voting begins 
the ballot box shah be empty and shall be opened and shown to those 
present to be empty; and it shall not be removed from the public view 
from the time when it is shown to be empty until after the close of the 
polls. It shall be locked and the key delivered to one of the judges, 
and shall not be again opened until the close of the polls. The judges 
of election shall each be held guity of a misdemeanor, and on convic¬ 
tion shall be fined a thousand dollars, if such ballot box shall not be 
kept constantly in public view during the progress of the election; un¬ 
less it shall be shown by such judge that he protested against such 
obstruction of the view of the ballot box, and was overruled by the 
majority of the judges. If any barricade or other obstruction of any 
kind shall be, prior to or during such election, interposed, so that all 
who desire cannot constantly see such ballot box, it shall be the duty 
of such judges to remove such obstruction on request or on their own 


664 


STATUTORY PROVISIONS. 


motion, and if such obstruction shall not be removed on request, it shall 
be the duty of any sheriff, constable or police officer to remote the same 
on request. And such judges shall be guilty of a misdemeanor and 
liable to a penalty of a thousand dollars on conviction for not re¬ 
moving the same on demand, and shall be imprisoned in the county 
jail not less than six months nor more than two years. Any judge 
or justice of the peace shall have jurisdiction, on complaint, to issue 
a warrant to any constable or the sheriff of the county to remove such 
obstruction as a nuisance; and in executing such warrant he may 
call any person to his assistance, and no other officer of the law or 
private individual shall interpose or interfere with such removal; and 
if he does he shall be guilty of a misdemeanor, and on conviction 
shall be imprisoned in the county jail not less than sixty nor more than 
ninety days. 

2705. How name of voter to be entered.] § 4. Each of 
the clerks of election shall keep a poll book which contains a column 
headed “Number;” another headed “Residence,” and another “Names 
of Voters.” The name of such elector voting shall be entered upon 
each of the poll books by the clerks, in regular succession, under the 
proper headings, and the number of such voter placed opposite the 
name in the column headed “Number.” 

2706. Name on ballot.] § 5. Each voter may write his name 
upon the back of his ballot with ink or in pencil. 

2707. How ballots received—challenged—blank affidavits.] 
§ 6. One of said judges of said election shall receive the ballot from 
the voter, and shall announce the residence and name of such voter in a 
loud voice. And the other two judges shall use and handle the two reg¬ 
isters delivered to the judges by said commissioners, each using one. 
And when the name is found by both upon the registers, and the resi¬ 
dence, as given by such voter, corresponds with the residence on such 
registry, and he is marked as a qualified voter therein, and not erased, 
then such judge shall receive such ballot unless such voter is chal¬ 
lenged, and shall fold the same, if it be not folded, and shall mark the 
number of such vote thereon, which shall correspond with the num¬ 
ber as then and there entered by said poll clerks upon the poll books. 
Said judge shall then put said vote into the ballot box in the presence 
of the voter and of the judges and clerks of election, and in plain 
view of the public. The judges having charge of such registers shall 
then, in a column prepared thereon, in the same line of the name of 
the voter, marked “voted,” or the letter “V.” If such person so reg¬ 
istered shall be challenged as disqualified, the party challenging shall 
assign his reasons therefor, and thereupon one of said judges shall ad¬ 
minister to him an oath to answer questions; and if he shall take said 
oath he shall then be questioned by said judge or judges touching such 
cause of challenge, and touching any other cause of disqualification. 
And he may also be questioned by the person challenging him in re¬ 
gard to his qualifications and identity. But if a majority of the judges 


ELECTIONS. 


665 


are of the opinion that he is the person so registered and a qualified 
voter, his vote shall then be received accordingly. But if his vote 
be rejected by such judges such person may afterward produce and 
deliver an affidavit to such judges, subscribed and sworn to by him 
before one of said judges, in which it shall be stated how long he has 
resided in such precinct, county and State, that he is a citizen of the 
United States, and is a duly qualified voter in such precinct, and that he 
is the identical person so registered. Also supported by an affidavit 
by a registered .voter who is a householder residing in such precinct, 
stating his own residence, and that he knows such person, and that he 
does reside at the place mentioned, and has resided in such precinct, 
county and State for the length of time as stated by such person; which 
shall be subscribed and sworn to in the same way. Whereupon the 
vote of such person shall be received, numbered and entered as other 
votes. But such clerks and the judges, having charge of such reg¬ 
isters, shall state in their respective books the facts in such case, and 
the affidavits, so delivered to said judges, shall be preserved and re¬ 
turned to the office of the commissioners of election. Blank affidavits 
of the character aforesaid shall be sent out to the judges of all tne 
precincts, and the judges of election shall furnish the same on de¬ 
mand and administer the oaths without criticism. Such oaths, if ad¬ 
ministered by any other officer than such judge of election, shall not 
be received. 

2708. Voter’s name must be on register.] § 7. The vote of 
no one shall be received by said judges whose name does not appear 
upon said registers as a qualified voter. 

2709. Political parties — challengers — watchers — canvass— 
policemen to be present.] § 8. At every election each of the 
political parties shall have the right to designate and keep a chal¬ 
lenger at each place of registration, revision of registration and voting, 
who shall be assigned such position immediately adjoining the judges 
of election, inside the polling or registration booth as will enable him 
to see each person as he offers to register or vote, and who shall be 
protected in the discharge of his duty by the judges of election and 
the police. And authority signed by the recognized chairman or pre¬ 
siding officer of the chief managing committee of a party in any such 
city, village or incorporated town, shall be sufficient evidence of the 
right of such challenger to be present inside the room where the bal¬ 
lot box is kept. But in case any challenger cannot or does not pro¬ 
duce the authority of such chairman, it shall be the duty of said judges 
of election to recognize a challenger that shall be vouched for and 
presented to them by the persons present belonging to such political 
party, or who shall "be vouched for by the judge representing such 
party. The chairman of the managing committee of each political 
party for such city, village or town may remove any challenger ap¬ 
pointed by him. The challenger so appointed and admitted to the 
room where such ballot box is kept shall have the right and privilege 
of remaining during the canvass of the votes, and until the returns are 


666 


STATUTORY PROVISIONS. 


duly signed and made. iLach political party shall also have the right to 
a challenger placed conveniently outside of the polling booth, but not 
in the way of the voters. In addition to such challenger, each of the 
political parties casting votes at such poll at the close of the polls, 
shall have the right to the admission of two persons of their political 
faith into the room where such ballots are to be canvassed, to watch 
such canvass, which watchers may be selected by the captain of the 
ward or precinct, or other persons managing the political interests for 
such party in such ward or precinct, and in the absence of such selec¬ 
tion it shall be the duty of the judges of such election to admit into 
such room two persons of each political party so voting at such elec¬ 
tion, and who shall be vouched for by the judge or judges represent¬ 
ing such political party, to be present during the canvass of such votes 
and the making of such returns. That such persons shall be of good 
character, and sober, and shall in no wise interfere with such can¬ 
vass. The police shall in no manner interfere with the entrance of 
such watchers into such room, but they shall keep order, and in case of 
any disorderly conduct on the part of any bystanders or watchers, it 
shall be the duty of the police to exclude such persons from such room. 
It shall also be the duty of such judges of election to admit one or 
more policemen to be present in such room at the time of such canvass. 

2710. Authority of judges—person making arrest.] § 9. 
Said judges of election shall have authority to keep the peace and to 
cause any person to be arrested for any breach of the peace or for any 
breach of election laws, or any interference with the progress of such 
election or of the canvass of the ballots; and it shall be the duty of all 
officers of the law present to obey the order of such judges of election, 
and an officer making an arrest by direction of any judge shall be pro¬ 
tected in making such arrest the same as if a warrant had been issued 
to him to make such arrest. 

2711. Judicial election—official ticket holders—badge—duty of 
ticket holders—penalty.] § 10. It shall be the duty of the board 
of election commissioners, at any judicial election, at which no other 
officers are to be elected than a judge or judges, to appoint two compe¬ 
tent and discreet persons residing in any ward, village or town, to act 
as official ticket holders for each precinct on the day of election, one 
from each of the leading political parties of the State, and who shall 
wear a badge indicating that they are such official ticket holders. Such 
commissioners shall furnish them with a box conveniently arranged to 
contain such tickets or ballots. And it shall be the duty of both such 
official ticket holders to keep on hand, if furnished to them, tickets 
of each candidate at such election in such precinct, and to furnish the 
ticket asked for by any person, irrespective of party. It shall be the 
duty of such official ticket holders to preserve and protect such tickets 
and not to destroy the same, and to prevent their needless destruc¬ 
tion. Such official ticket holders shall be present at such polls from the 
opening to the close. Any such official ticket holder neglecting to 
perform his duty or who shall desert his place, or who shall corruptly 


ELECTIONS. 


667 


use his position, or who sJtiall, in any way interfere in such election, or 
who shall canvass for voters for either party or for any person, shall 
be guilty of a misdemeanor, under this act, and shall forfeit his fee or ' 
salary for such service, and on conviction shall be imprisoned in the 
county jail not less than thirty, nor more than sixty days. Such 
ticket holder shall be protected by the police, and a majority of said 
judges of election at such precinct may for misconduct, remove any 
such official ticket holder and appoint another in his place of the same 
political party, and such removal shall be enforced by any police offi¬ 
cer. 

2712. Canvass to commence immediately upon close of poll— 
not to be adjourned—challengers and watchers to be present.] 

§ ii. As soon as the poll of an election shall have been finally closed, 
the judges of election, in their several precincts, shall immediately 
and at the place of the poll, proceed to canvass the votes so cast. 
Such canvass shall not be adjourned or postponed until it shall have 
been fully completed, nor until the several statements hereinafter re¬ 
quired to be made by the judges and clerks, shall have been made out 
and signed by them. The judges of election shall have the right to 
station one or more police officers, or officers of the peace, at such 
entrance to the room where such canvass is begun, or about to take 
place, to exclude disorderly persons, and to keep the peace. The 
challengers present, and the watchers of such canvass shall be allowed 
to be present, and so near that they can see that the judges and clerks 
of said election are faithfully performing their duties. Each candi¬ 
date for an office to be filled at such election, by certificate in writing, 
signed by him, may designate one person for each election precinct 
in which he is a candidate, to be present at such canvass of the ballots, 
and such persons shall be admitted to a position in said room as a 
watcher of such canvass. And the judges of election shall permit him 
to be present, and be so near to them that he can see that such can¬ 
vass and the statements required by them of the votes are correctly 
made, and no judge of election or police or other officer shall allow 
such person to be molested or removed during the canvass of such bal¬ 
lots, nor until such statements have been made, completed and signed, 
unless he shall be personally guilty of fraudulent or disorderly con¬ 
duct. 

2713. Canvass of votes— how made.] § 12. The judges of 
election shall first count the whole number of ballots in the box. If 
the ballots shall be found to exceed the number of names entered on 
each of the poll lists, they shall reject the ballots, if any, found 
folded inside of a ballot that is marked, and upon which there is no 
mark. And if the ballot and the poll lists still do not agree after 
such rejection, they shall reject as many of the ballots upon which 
no number is marked as may be necessary to make the ballots agree 
in number with the names entered on each of the poll lists. And 
if, after rejecting all the ballots upon which there is no number marked, 
the number of ballots in the box still exceeds the number of names en- 


668 


STATUTORY PROVISIONS. 


tered on each of the poll lists, the ballots shall be replaced in the box, 
and the box closed and well shaken, and again opened; and one of the 
judges shall publicly draw out and destroy so many ballots unopened as 
shall be equal to such excess. And the ballots or poll lists agreeing, 
or being made to agree in this wav, the board shall proceed to count 
the votes in the following manner: Said judges shall open the ballots, 
and place those which contain the same names together, so that the 
several kinds shall be in separate piles, or on separate files. Each of 
the judges shall examine the separate files which are, or are supposed 
to be alike, and exclude from such files any which may have a name 
or an erasure, or in any manner shall be different from the others of 
such file. One of said judges shall then take one file of the kind of 
ballots which contain the same names, and count them by tens, care¬ 
fully examining each name on each of said ballots. Such judge shall 
then pass the ten ballots aforesaid to the judge sitting next to him, 
who shall count them in the same manner, who shall then pass them 
to the third judge, who shall also count them in the same manner. 
The third judge shall then call the names of the persons named in the 
ten ballots, and the offices for which they are designated; and the poll 
clerks shall tally ten votes for each of such persons. When said judges 
shall have gone through such file of ballots containing the same names, 
by tens in that way; and when the poll clerks shall have tallied all the 
votes by tens for each of such persons, they shall then take up the next 
file of ballots containing the same names, and shall count them by tens 
in the same way; and shall call the names of the persons named in said 
ballots, and the offices for which they are designated; and the tally 
clerks shall tally the votes by. tens for each of such persons in the same 
manner as in the first instance. When the counting of each file of 
ballots which contain the same names shall be completed, the poll 
clerks shall compare their tallies together and ascertain the total num¬ 
ber of ballots of that kind so canvassed. And when they agree upon 
the number, one of them shall announce it in a loud voice to the 
judges. The said judges shall then canvass the other kinds of bal¬ 
lets which do not correspond, those containing names partly from one 
kind of ballots and partly from another, being those usually called 
“split tickets,” and those from which the name of the person proper to 
be voted for on such ballots has been omitted or erased, usually called 
“scratched tickets.” They shall be canvassed separately by one of 
the judges sitting between the two other judges, which* judge shall 
call each name to the poll clerks, and the office for which it is desig¬ 
nated; and the other judges, looking at the ballot at the same time, 
and the poll clerks making tally of the same. When all the ballots 
have been canvassed in this manner, the poll clerks shall compare 
their tallies together, and ascertain the total number of votes received 
by each candidate, and when they agree upon the numbers, one of them 
shall announce in a loud voice to the judges the number of votes re¬ 
ceived by each candidate on each of the kinds of ballots containing 


ELECTIONS. 


669 


his name, the number received by him on the split and scratched tick¬ 
ets, and the total number of votes received by him. 

2714. Ballots strung.] § 13. Each batch of ten ballots 
counted by the judges of election shall, as soon as counted, read and 
tallied, be strung upon a strong string, thread or twine, in the order 
in which they have been read; and each batch shall be thus disposed 
of before the commencement of the count as to the next batch. 

2715. When proposition submitted—how vote canvassed,] §14. 
Whenever any proposition is submitted to a vote of the people, and 
is printed or written upon the same ticket, with the names of candi¬ 
dates for an office, the names, together with such proposition, shall 
be canvassed in the following manner: All the ballots shall be 
first separated into three piles. The first pile containing all the ballots 
in favor of such proposition, the second pile containing all the 
ballots against such proposition, and the third pile containing 
all the ballots not mentioning such proposition, or being neither 
for nor against such proposition. Each of the judges shall then 
examine each pile, and see that the separation has been 
properly made. Then the first pile shall be counted by tens, and 
the result announced to the clerk, who shall tally the same by tens. 
And so the second pile shall be counted, announced and tallied, and 
likewise the third pile, if necessary. Whereupon the clerks shall an¬ 
nounce to the judges the number of votes for and the number of 
votes against such proposition. The ballots for or against any prop¬ 
osition submitted shall always be canvassed, counted and tallied be¬ 
fore the names of candidates for any office are canvassed, counted 
or tallied. 

2716. When tally sheets contain no heading for proposi¬ 
tion—duty of judges.] § 15. If the tally sheets and returns 
should contain no heading for any proposition submitted, it shall be 
the duty of the clerks to write into such tally sheets and returns the 
headings necessary in order to keep a correct tally, and to make 
a correct and accurate return, and it shall be the legal duty of the clerks 
and judges of election to make a true count and correct return of all 
votes upon any such proposition, and any willful failure or neglect of 
any judge or clerk to do so shall constitute a felony and on conviction 
such judge or clerk shall be sent to the penitentiary for not less than 
three years nor more than five years. 

2717. Judges to proclaim number of votes, etc.] § 16. 
When the canvass of the ballots shall have been completed and the 
poll clerks shall have announced to the judges the total number of 
votes received by each candidate, each of the judges of election in 
turn shall then proclaim in a loud voice, the total number of votes 
received by each of the persons voted for in such precinct, and the 
office for which he is designated; and the number of votes for and 
the number of votes against any proposition which shall have been 
submitted to a vote of the people. Such proclamation shall be 
prima facie evidence of the result of the canvass of such ballots. 


670 


STATUTORY PROVISIONS. 


2718. Returns — what to contain — certificate of judge and 
clerks — to whom directed.] § 17. The said judges or elec¬ 
tion shall make quadruple statements of the result of the canvass, one 
of which shall be written or partly written and partly printed, in each 
of the poll books used at such election. Each of the statements shall 
contain a caption stating the day on which, and the number of the 
election precinct and the ward, city and county in relation to which 
such statements shall be made; and the time of opening and closing 
of the polls of such election precinct. It shall also contain a state¬ 
ment showing the whole number of votes given for each person, des¬ 
ignating the office for which they were given, which statements 
shall be written or partly written and partly printed, in words at 
length; and in case a proposition of any kind has been submitted 
to a vote at such election, such statements shall also show the whole 
number of votes cast for or against such proposition, written out or 
partly written and partly printed in words at length. And at the 
end thereof a certificate that such statement is correct in all respects. 
Which certificate and each sheet of paper forming part of the state¬ 
ment, shall be subscribed by the said judges and election clerks. If 
any judge or election clerk shall decline to sign such return, he shall 
state his reasons therefor in writing, and a copy thereof signed by 
himself shall be enclosed with each return. Each of the statements, 
except the one contained in each of the poll books, shall be enclosed 
in an envelope, which shall then be securely sealed with sealing wax 
or other adhesive material; and each of the judges and each of the 
election clerks shall write his name across every fold at which the en¬ 
velope, if unfastened, could be opened. One of the envelopes shall 
be directed to the county clerk, and one to the comptroller of the 
city, or to the officer of such city, whose duties correspond with those 
of comptroller. Each set of tallies shall also be signed by the elec¬ 
tion clerks and the judges of the election. And each shall be enclosed 
in an envelope, securely sealed and signed in like manner; and one 
of the envelopes shall be directed on the outside to the election com¬ 
missioners, and the other to the city, village or town clerk. On the 
outside of every envelope shall be endorsed whether it contains the 
statement of the votes cast or the tallies, and for what precinct and 
ward, village or town. 

2719. One ballot of each kind to be pasted to returns, 
etc.] § 18. Before enclosing in an envelope the statements or re¬ 
turns aforesaid, and after signing the same, said judges shall securely 
paste or attach to each return one ballot of each kind found to have 
been given for the officers to be chosen at such election, and they 
shall state in words at full length, immediately opposite such ballot, 
and written partly on such ballot and partly on the paper to which it 
shall be pasted or attached, so that one of each kind of ballots received 
at such election for the officers then to be chosen shall be pasted or at¬ 
tached to such statement of such canvass. If only one ballot of any 
kind shall be found in the ballot box, it shall be pasted or attached 


ELECTIONS. 


671 


to the statement to be delivered to the board of election commission¬ 
ers, and if only two ballots of any kind are found in the box, one shall 
be pasted or attached to the statement to be delivered to the board of 
election commissioners, and the other statement to be delivered to 
the county clerk. They shall also paste or attach all the ballots re¬ 
jected by them as being deficient, in whole or in part to the statement, 
to be delivered to the board of election commissioners. 

2720. Poll books to be placed in ballot box, etc.] § 19. 
The poll books, which contain two of the several statements or re¬ 
turns, shall be placed in the ballot box, and the ballot box shall then be 
locked and the key removed, whereupon said judges of election shall all 
write their names upon a strip of paper of sufficient length for the fol¬ 
lowing purpose: Said strip of paper, after the signing of their names 
thereon by said judges shall then be pasted over the keyhole in said 
ballot box, and extending upward to the upper lid of the box, and car¬ 
ried for some distance over the top, and it shall be placed in such a way 
that the signatures of said judges shall extend across the place of the 
opening of the lid of the box, so that when the box is opened it shall 
tear such paper and destroy the signatures written thereon, and so that 
when the key shall be inserted in the keyhole it will tear the paper so 
pasted over the keyhole. Such paper shall be fastened with sealing 
wax, or by some other adhesive material, which will not permit the re¬ 
moval of such slip of paper, without defacing the same. 

2721. Judges to deliver ballot box, etc., to election com¬ 
missioners.] § 20. Thereupon one of the judges of election shall 
take charge of said ballot box and its contents so enclosed, and one of 
the judges, who shall represent the opposite political party from the 
one taking the ballot box, shall receive and hold the key thereto. The 
two judges who do not have charge of the ballot box shall each take one 
of the statements of the votes cast into his possession, sealed up in the 
envelopes as aforesaid; and each of the clerks shall take one of the tally 
sheets sealed up in the envelope as aforesaid. Thereupon, and before 
separating the remaining ballots not pasted or attached to said state¬ 
ments, as hereinbefore provided, shall be destroyed, and the meeting 
of said judges and clerks shall then be dissolved. Thereupon, and be¬ 
fore twelve o’clock of the day after such election, the judge having pos¬ 
session of such ballot box shall deliver the same with the contents as 
aforesaid, to the board of election commissioners, with the seal un¬ 
broken, and shall receive a receipt therefor; and within the same period 
of time the judge having possession of such key shall deliver the same 
to said board of commissioners, and receive a receipt therefor, and the 
two judges not having possession of the ballot box and the two clerks 
shall each, before twelve o’clock of the next day after such election, de¬ 
liver the statements and tallies so in their possession, respectively to the 
respective officers to whom addressed, as aforesaid, and who by this act 
are entitled to receive the same, and when delivered each one shall take 
a receipt from the officer to whom delivered. And none of them shall 


672 


STATUTORY PROVISIONS. 


receive pay for their services as such judges or clerks without the pro¬ 
duction of the receipts so given them by the officers aforesaid. It shall 
be the duty of the respective officers so designated, to whom such state¬ 
ments and tallies are ordered to be delivered, to receive the same, and 
to safely keep under lock and key until ordered to be surrendered as 
hereinafter provided. 

2722. Commissioners to receive, note condition and open 
ballot box.] § 21. The said board of election commissioners, 
upon the receipt of said ballot box, and the key thereto, shall note 
the condition of the seal or stamp on said box, and enter the fact 
touching the same upon a book to be kept by them, together with 
the name of the officer who returned such ballot box. They shall 
thereupon open said ballot box and remove the poll books contain¬ 
ing the returns of the votes cast, and note upon the same memoran¬ 
dum book their condition, and shall put them in a secure place, under 
lock and key, to which the public in no event shall have access. 


ARTICLE V. 

GENERAL CANVASS. 

2723. Canvassing board to open returns—abstract of votes— 
how made.] § i. Within seven days after the close of such elec¬ 
tion, the county judge, with the assistance of the city attorney and the 
board of election commissioners, who are hereby declared a canvassing 
board for such city, shall open all the returns left respectively with the 
election commissioners, the county clerk and city comptroller, and 
shall make abstracts or statements of the votes in the following man¬ 
ner, as the case may require, viz.: All votes for governor and lieuten¬ 
ant-governor on one sheet; all votes for other State officers on another 
sheet; all votes for presidential electors on another sheet; all votes 
for representatives to Congress on another sheet; all votes for judges 
of the Supreme Court on another sheet; all votes for clerks of the 
Supreme Court on another sheet; all votes for clerk of the appellate 
court on another sheet; all votes for judges of the circuit court on 
another sheet; all votes for senators and representatives to the Gen¬ 
eral Assembly on another sheet; all votes for members of the State 
Board of Equalization on another sheet; all votes for county officers 
on another sheet; all votes for city officers on another sheet; all votes 
for town officers on another sheet, and all votes for any other office 
on a separate and appropriate sheet; all votes for any proposition, 
which may be submitted to a vote of the people, on another sheet, and 
ail votes against any proposition, submitted to a vote of the people, 
on another sheet. 

2724. Canvassers to declare result—make abstract—certificate 
—force of.] § 2. It shall be the duty of such board of canvassers 
to canvass, add up and declare the result of every election hereafter 


ELECTIONS. 


673 


held within the boundaries of such city, or incorporated town, and the 
county court shall thereupon enter of record such abstract and result, 
and a certified copy of such record shall thereupon be filed with the 
county clerk of said county. And cuch abstracts or results shall be 
treated by said county clerk in all respects as if made by the canvass¬ 
ing board, now provided by law, and he shall transmit the same to the 
Secretary of State, or other proper officer, as required by law. And 
such abstracts or results so entered and declared by such county court, 
and a certified copy thereof, shall be treated everywhere within the 
State, and by all public officers, with the same binding force and effect 
as the abstract of votes now authorized by the general law of the State. 

2725 . County clerk — certificate of election.] § 3. The 
county clerk shall make out a certificate of election to each person 
having the highest number of votes for the several county and town 
offices, and deliver such certificate of election to the person entitled to 
it on his application. 

2726 . County clerk—certificate under order of court—city 
officers, etc.] § 4 . The county clerk shall make out a certificate 
of election to each of the persons having the highest number of votes, 
as declared by the order of said court, for the several city or town 
offices within such city, including aldermen, and deliver such certificate 
of election to the person entitled to it, on his application. 

2727 . Canvassing board—city or town office—tie vote.] § 5. 
In the canvass of such votes by the canvassing board, provided in said 
act, said board shall declare who is elected to any city or town office. 
In the case of a tie in the election to any city office, or to any office 
voted for only within the territory of such city, it shall be determined 
by lot in such manner as such canvassers shall direct, which candidate 
or candidates shall hold the office, and thereupon the person in whose 
favor it shall result, shall be declared elected by the order entered in 
said county court, as aforesaid. 

2728 . Duty of canvassing board upon indication of change 
or fraud,] § 6. If, upon opening the various returns so made by 
the board of canvassers as aforesaid there shall be anything to indicate 
that a change has been made in such returns since signing the same 
by the judges or clerks, or of any fraud in any respect touching such 
returns, it shall then be the duty of said canvassing board to have all 
the tallies opened and examined. If there shall then be any doubt as 
to the genuineness of such returns for any precinct, and as to the 
actual vote as originally returned, and the truth respecting the same 
remains uncertain, it shall be the duty of such canvassers to examine 
any person or persons who were present at the time of the proclama¬ 
tion so made by the judges of election, in such precinct, about which 
any doubt arises, and the board shall be permitted to place such parties 
or witnesses on oath, and examine them touching the same, and it 
shall be their duty to call such parties who were present at the time of 
such proclamation to come before them, and a subpoena may be issued 

43 


674 


STATUTORY PROVISIONS. 


by the county court, under the direction of said board, compelling any 
such witnesses to come before said board and give their evidence 
touching the matter in controversy; and thereupon it shall be the duty 
of said board to declare the result of the vote in any such precinct, in 
regard to which any question arises, as it was proclaimed by the judges 
of election after the canvass by them in such precinct, which result, 
when so declared, shall be binding and conclusive. 

2729. Presiding officer of board—declaring result.] § 7 . 
The county judge shall be the presiding officer of such canvassing 
board, and a majority of such canvassing board shall have the right 
to declare the result, and the result when so declared, the said county 
judge shall cause to be entered of record in his court as aforesaid, 
which shall be conclusive as to the votes cast at such election in all 
the precincts of such city. 

ARTICLE VI. 

OFFENSES. 

2730. Offenses—penalty.] § 1. If, at any general registration 
of voters, or at any meeting of the judges of election held for such 
purpose, or for revision thereof, as provided in this act, any person 
shall falsely personate an elector or other person, and register or 
attempt or offer to register in the name of such elector or other person; 

Or if any person shall knowingly or fraudulently register or offer, 
or attempt or make application to register, in or under the name of, 
any other person, or in, or under any false, assumed or fictitious name, 
or in, or under any name not his own; 

Or shall knowingly or fraudulently register in two election pre¬ 
cincts ; 

Or, having registered in one precinct, shall fraudulently attempt or 
offer to register in another; 

Or shall fraudulently register or attempt, or offer to register in any 
election precinct, not having a lawful right to register therein; 

Or shall knowingly or willfully do any unlawful act to secure regis¬ 
tration for himself or any other person; or shall knowingly, willfully 
or fraudulently, by false personation or otherwise, or by any unlawful 
means cause or procure, or attempt to cause or procure, the name of 
any qualified voter, in any election precinct, to be erased or stricken 
from any registry of the voters of such district, made in pursuance of 
this act or otherwise, as in this act provided; 

Or by force, threat, menace, intimidation, bribery, reward or offer 
or promise thereof, or other unlawful means, prevent, hinder or delay 
any person having a lawful right to register or be registered, from 
duly exercising such right; 

Or shall knowingly, willfully or fraudulently compel or induce, or 
attempt, or offer to compel or induce, by such means, or any unlawful 
means, any judge of election or other officer of registration in any elec- 


ELECTIONS. 


675 


tion precinct to register or admit to registration any person not law¬ 
fully entitled to registration in such precinct; 

Or to register any false, assumed or fictitious name, or any name 
of any person except as provided in this act; 

Or shall knowingly or willfully or fraudulently interfere with, hinder 
or delay any judge of election, or other officer of registration, in the 
discharge of his duties, or counsel, advise or induce, or attempt to 
induce, any such judge or other officer to refuse or neglect to comply 
with, or to perform his duties, or to violate any law prescribed for reg¬ 
ulating the same; 

Or shall aid, counsel, procure or advise any voter, person, judge of 
election, or other officer of registration, to do any act by law forbidden, 
or in this act constituted an offense, or to omit to do any act by law 
directed to be done; 

Every such person upon conviction thereof, shall be adjudged guilty 
of a felony, and shall be punished by imprisonment in the penitentiary 
for not less than one nor more than five years. 

2731. Officers at election in city, village or town-penalty.] 
§ 2 . If, at any election hereafter held in any such city, village or in¬ 
corporated town, any person shall falsely personate any elector or 
other person, and vote or attempt or offer to vote in, or upon the name 
of such elector or other person; 

Or shall vote or attempt to vote in, or upon the name of any other 
person, whether living or dead, or in, or upon any false, assumed or 
fictitious name, or in, or upon any name not his own; 

Or shall knowingly, willfully or fraudulently vote more than once 
for any candidate for the same office, except as authorized by law; 

Or shall vote or attempt, or offer to vote in any election precinct 
without having a lawful right to vote therein; 

Or vote more than once, or vote in more than one election district; 

Or, having once voted, shall vote or attempt or offer to vote again; 

Or shall knowingly, willfully or fraudulently do any unlawful act to 
secure a right or an opportunity to vote for himself or for any other 
person; 

Or shall by force, threat, menace, intimidation, bribery or reward 
or offer or promise thereof, or otherwise unlawfully, either directly or 
indirectly influence or attempt to influence any elector in giving his 
vote; 

Or prevent or hinder, or attempt to prevent or hinder any qualified 
voter from freely exercising the right of suffrage; 

Or by any such means induce, or attempt to induce any such voter 
to exercise any such right; 

Or shall, by any such means, or otherwise, compel or induce, or 
attempt to compel or induce any judge of election or other officer of 
election, in any election precinct, to receive the vote of any person not 
legally qualified or entitled to vote at the said election, in such district; 

Or shall knowingly, willfully or fraudulently interfere with, delay or 


676 


STATUTORY PROVISIONS. 


hinder, in any manner, any judge of election, poll clerk or other officer 
of election in the discharge of his duties; 

Or by any of such means, or other unlawful means, knowingly, will¬ 
fully or fraudulently counsel, advise, induce or attempt to induce any 
judge of election, poll clerk, or other officer of election, whose duty it 
is to ascertain, proclaim, announce or declare the result of any such 
election, to give or to -make any false certificate, document, report, 
return or other false evidence in relation thereto; 

Or to refuse or neglect to comply with his duty, or to violate any 
law regulating the same, or to receive the vote of any person in any 
election district not entitled to vote therein; 

Or to refuse to receive the vote of any person entitled to vote 
therein; 

Or shall aid, counsel, advise, procure or assist any voter, person, or 
judge of election or other officer of election to do any act by law for¬ 
bidden, or in this act constituted an offense; 

Or to omit to do any act by law directed to be done; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a felony, and shall be punished for each and every such 
offense by imprisonment in the penitentiary for not less than one nor 
more than five years. 

2732. Poll clerk—false list—penalty.] § 3. If any election 
clerk, or poll clerk, or any judge of election performing the duties of 
poll clerk, or other person performing such duties, shall willfully keep 
a false poll list; 

Or shall knowingly insert in his poll list any false statement or any 
name or statement, or any check, alteration or mark, except as in this 
act provided; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and shall be punished by imprisonment in the penitentiary for not less 
than one nor more than five years. 

2733. Judge willfully refusing votes, etc.—penalty.] § 4. 
Every judge of election who shall willfully exclude any vote duly ten¬ 
dered, knowing that the person offering the same is lawfully entitled 
to vote at such election; 

Or shall willfully receive a vote from any person who has been 
duly challenged in relation to his right to vote at such election, without 
■exacting from such person such oath or other proof of qualification 
as may be required by law; 

Or shall willfully omit to challenge any person offering to vote, 
whom he knows or suspects not to be entitled to vote, and who has 
not been challenged by any other person; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and shall be punished by imprisonment in the penitentiary for not 
less than one nor more than two years. 

2734. False canvass, etc.—penalty.] § 5. Every judge of 
election, member of any board of canvassers, messenger, poll clerk 


ELECTIONS. 


677 


or other officer authorized to take part in, or perform any duty in rela¬ 
tion to any canvass or official statement of the votes cast at any elec¬ 
tion in any precinct, or in any city, village or incorporated town, who 
shall willfully make any false canvass of such votes; 

Or shall make, sign, publish or deliver any false return of such 
election, or any false certificate or statement of the result of such elec¬ 
tion, knowing the same to be false; 

Or who shall willfully deface, destroy or conceal any statement, 
tally or certificate entrusted to his care or custody; 

Shall, on conviction thereof, be adjudged guilty of a felony, and 
shall be punished by imprisonment in the penitentiary for not less than 
five nor more than ten years. 

2735. Permitting ballots to be in box at opening, etc.—pen¬ 
alty.] § 6. If any person, other than a judge of election, shall, 
at any such election, knowingly and willfully put, or cause to be put, 
any ballot or ballots, or other paper having the semblance thereof, 
into any box used at such election for the reception of votes; 

Or if any such judge of election shall knowdngly and willfully cause 
or permit any ballot or ballots to be in said box at the opening of the 
polls and before voting shall have commenced; 

Or shall knowingly, willfully or fraudulently put any ballot or other 
paper having the semblance thereof, into any such box at any such 
election, unless the same shall be offered by an elector, and his name 
shall have been found and kept upon the registry, as hereinbefore 
provided, or who shall be entitled to vote under this act; 

Or if any such judge of election or other officer or person diall fraud¬ 
ulently, during the canvass of ballots, in any manner change, substi¬ 
tute or alter any ballot taken from the ballot box then being canvassed, 
or from any ballot box which has not been canvassed; 

Or shall remove any ballot or semblance thereof, from, or add any 
ballot or semblance thereof, to the ballots taken from the ballot box 
then being canvassed, or from any ballot box which has not been 
canvassed’; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of a felony, and shall be punished by imprisonment in the peni¬ 
tentiary for not less than one nor more than five years. 

2736. Election officers—misconduct — fraud—penalty.] § 7. 
If any such judge of election, poll clerk, or other officer of registration, 
revision, election or canvass, of whom any duty is required in this 
act, or by the general election laws of this State, so far as the same 
are consistent with the provisions of this act, shall be guilty of any will¬ 
ful neglect of such duty; 

Or of any corrupt or fraudulent conduct or practice in the execution 
of the same; 

He shall, on conviction thereof, be adjudged guilty of a felony, and 
shall be punished by imprisonment in the penitentiary for not less than 
one nor more than five years. 

2737. Stealing document—vote, etc.—penalty.] § 8. Every 


678 


STATUTORY PROVISIONS. 


judge of election, poll clerk or other officer or person, having the cus¬ 
tody of any record, registry of voters or copy thereof, oath, return 
or statement of votes, certificate, poll list, or of any paper, document, 
or vote of any description in this act directed to be made, riled or pre¬ 
served, who is guilty of stealing, willfully destroying, mutilating, de¬ 
facing, falsifying or fraudulently removing or secreting the whole or 
any part thereof; 

Or who shall fraudulently make any entry, erasure or alteration 
therein, except as allowed and directed by the provisions of this act; 

Or who permits any other person so to do; 

Shall, upon conviction thereof, be adjudged guilty of a felony, and 
shall be punished for each and every such offense by imprisonment 
in the penitentiary for not less than five nor more than ten years. 

2738, Person not an officer — crime — penalty.] § 9 . Every 
person not an officer, such as is mentioned in the last preceding sec¬ 
tion, who is guilty of any of the acts specified in said last section, 
or who advises, procures or abets the commission of the same or any 
of them, shall upon conviction thereof be adjudged guilty of a felony, 
and for each and every such offense shall be punished by imprisonment 
in the penitentiary for not less than five nor more than ten years. 

And such offense shall be deemed to have been committed whether 
such person has or had any custody or control, rightful or otherwise, 
over, or is charged with any duty in relation to said records, register, 
ballots or other documents. 

2739, False swearing — penalty.] § 10 . Any person who shall 
be convicted of willfully and corruptly swearing or affirming in taking 
any oath or affirmation prescribed by, or upon any examination 
provided for in this act, shall be adjudged guilty of a willful and a cor¬ 
rupt perjury, and shall be punished according to the laws of the 
State. 

2740. Advising person to swear falsely, etc.] § 11 . Every per¬ 
son who shall willfully and corruptly instigate, advise, induce or pro¬ 
cure any person to swear or affirm falsely, as aforesaid, or attempt or 
offer so to do, shall be adjudged as guilty of subornation of perjury, 
and shall upon conviction thereof, suffer the punishment directed by 
law in cases of willful and corrupt perjury. 

2741. Changing ballot, etc.] § 12 . If any person shall fraud¬ 
ulently change or alter the ballot of any elector, or substitute one ballot 
for another; 

Or fraudulently furnish any elector with a ballot containing more 
than the proper number of names; 

Or shall intentionally practice any fraud upon any elector to induce 
him to deposit a ballot as his vote, and to have the same thrown out and 
not counted, or to have the same counted for a person or candidate 
other than the person or candidate for whom such elector intended to 
vote; 

Or otherwise defraud him of his vote; 

Every such person shall, upon conviction thereof, be adjudged guilty 


ELECTIONS. 


679 


of a felony, and shall, if a judge of election, poll clerk or other officer 
of election, be punished with imprisonment in the penitentiary for not 
less than two nor more than five years. 

And if not such judge, poll clerk or other officer of election, shall 
be punished by imprisonment in the penitentiary for not less than one 
nor more than five years. 

2742 . Convicted felon no right to vote—pardon.] § 13. If any 

person who shall have been convicted of bribery, felony or other in¬ 
famous crime, under the laws of any State, and who has never re¬ 
ceived the pardon for such offense from the officer entitled to grant 
such pardon, shall thereafter vote, or offer to vote, at any election in 
such city, village or incorporated town; 

He shall, upon conviction thereof, be adjudged guilty of a felony, 
and for each and every such offense shall be punished by imprison¬ 
ment in the penitentiary for not less than two nor more than five 
years. 

2743 . Disobeying command of judge,] § 14. If any person 
shall willfully disobey any lawful command of any judge of election, 
or of any board of registry, given in the execution of his or their duty 
as such, at any election or registration, he shall, upon conviction 
thereof, be adjudged guilty of a misdemeanor, and shall be punished 
by imprisonment in the county jail for not less than thirty days nor 
more than one year; or by a fine of not less than two hundred and 
fifty ($250) nor more than one thousand ($1,000) dollars; or by both 
such fine and imprisonment. Any misdemeanor under this act, for 
which no penalty is specifically provided, shall be punished as provided 
in this section. 

2744 . Registration—election—breach of the peace.] §15. If 
at any general registration of voters or revision thereof, or on any 
day of election, or during the canvass of the votes cast thereat, any 
person shall cause any breach of the peace, or be guilty of any disor¬ 
derly violence, or threats of violence, whereby any such registration, 
revision, election or canvass shall be impeded or hindered; 

Or whereby the lawful proceedings of any judge of election, or 
board of registration or poll clerk, or other officer of such election or 
challenger, or person designated to be present at the canvass of any 
ballots as hereinbefore provided are interfered with; 

Every such person shall, upon conviction thereof, be adjudged 
guilty of the [a] misdemeanor, and shall be punished by imprisonment 
in the county jail for not less than thirty days nor more than one year; 
or by a fine of not less than two hundred and fifty ($250) dollars nor 
more than one thousand ($1,000) dollars; or by both such fine and 
imprisonment. 

2745 . Interfering with judge, etc.] § 16. If any person 
knowingly or willfully shall obstruct, hinder or assault, or by bribery, 
solicitation or otherwise interfere with any judge of election, poll 
clerk, challenger or person designated, as provided in this act to be 
present at the canvass of any ballots, in the performance of any duty 


680 


STATUTORY PROVISIONS. 


required of him, or which he may by law be authorized or permitted 
to perform; 

Or if any person, by any of the means before mentioned or other¬ 
wise unlawfully, shall, on the day of registration, revision of registra¬ 
tion, or of election, hinder or prevent any judge of election, poll clerk, 
challenger, or person designated, as provided in this act, to be present 
at the canvass of ballots in his free attendance and presence at the 
place of registration, or revision of registration, or of election in the 
election precinct, in, and for which he is appointed or designated to 
serve; 

Or in his full and free access and egress to and from any such place 
of registration, revision of registration, or of election; 

Or to and from any room where such registration, revision of reg¬ 
istration, or election, or canvass of votes, or making of any return or 
certificates thereof, may be had; 

Or shall molest, interfere with, remove or eject from any such place 
of registration or poll of election, or of canvassing ballots cast thereat, 
or of making of returns or certificates thereof, any such judge of elec¬ 
tion, poll clerk, challenger, or person designated as provided in 
this act, to watch the canvass of any ballots, except as otherwise pro¬ 
vided in this act, or shall unlawfully threaten or attempt or offer so 
to do ; 

Every such person shall be guilty of a misdemeanor, and, on con¬ 
viction thereof, shall be punished by imprisonment in the county jail 
for not less than six months nor more than one year; 

Or shall be fined not less than five hundred ($500), nor more than 
two thousand ($2,000) dollars, or both. 

2746. Destroying or concealing ballot, etc. ] § 17. If any 

person, upon the day of such election, or before the canvass of votes is 
completed, shall conceal or willfully break or destroy any ballot box, 
used or intended to be used at such election; 

Or shall willfully or fraudulently conceal, secrete or remove any 
such box from the custody of judges of election; 

Or shall alter, deface, injure, destroy or conceal any ballot which 
has been deposited in any ballot box at such election, which has not 
been counted and canvassed; 

Or poll list used at such election; 

Or any report, return, certificate, or other evidence in this act re¬ 
quired, as provided for; 

[He] shall, on conviction thereof, be adjudged guilty of a felony, 
and shall for each and every such offense be punished by imprisonment 
in a State penitentiary for not less than two nor more than five years. 

2747. Willfully admitting any person to registration, 
etc.] § 18. If, at any election precinct, at any registration of • 
voters or revision thereof, or at any election hereafter held in such city, 
any judge of election or poll clerk shall knowingly or willfully admit 
any person to registration, or make any entry upon any register or 
poll book; 


ELECTIONS. 


681 


Or receive any vote, or proceed with the canvass of ballots, or shall 
consent thereto, unless a majority of all the judges of election in said 
election precinct are present and concur; 

He shall, upon conviction thereof, be adjudged guilty of a misde¬ 
meanor, and shall be punished by imprisonment in the county jail for 
not less than thirty, nor more than sixty days; or by a fine of not less 
than one hundred ($100) nor more than one thousand ($1,000) dol¬ 
lars, or by both fine and imprisonment. 

2748. Registration, or polls — absence of judges.] § 19. 
If any judge of election, in any election precinct, shall without urgent 
necessity absent himself from the place of registration or the polls in 
said district upon any day of election, whereby less than a majority 
of all the judges in such election district shall be present during such 
hours of registration, election or canvass of ballots; 

He shall, upon conviction, be adjudged guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail for not less 
than sixty days nor more than six months; or shall be fined not less 
than five hundred ($500) nor more than one thousand ($1,000) dollars, 
or both. 

2749. Keeping ballots behind box, etc. — electioneering,] 

§ 20. It shall be unlawful for any judge of election, poll clerk, chal¬ 
lenger, or person designated, as provided in this act, to be present at 
the canvass of any ballots in any precinct, during the election or can¬ 
vass of ballots, to have or keep any ballots behind the boxes, or 
within the polling place; 

Or for them, or any person or persons within the polling place, to 
electioneer, distribute tickets or ballots, or engage in any political dis¬ 
cussion. 

Any violation of this section shall be a misdemeanor, and shall be 
punished by imprisonment in the county jail for not less than ten nor 
more than ninety days. Or by a fine of not less than one hundred 
($100) nor more than five hundred ($500) dollars, or both. 

2750. Place of election or registration—spirituous liquors.] 

§ 21. Whoever, during the hours of election in any election pre¬ 
cinct in such city; 

Or during the hours of registration, revision of registration, or can¬ 
vass of votes, or of making return thereof, shall bring, take, order or 
send into; or shall attempt to bring, take or send into any place of 
registration, or revision of registration, or of election, any distilled or 
spirituous liquors whatever; or shall at any such time and place drink 
or partake of such liquor, shall be deemed and held to be guilty of a 
misdemeanor, and shall be punished according to law. 

2751. Defects in noticing, etc.—no defense.] § 22. Irregu¬ 
larities or defects in the mode of noticing, convening, holding or con¬ 
ducting an election authorized by law shall constitute no defense to a 
prosecution for a violation of the provisions of this act. 

2752. Crime with reference to question submitted.] § 23. 


682 


STATUTORY PROVISIONS. 


Every act, which, by the provisions of this act or the general election 
laws is made a crime when committed with reference to the election of 
a candidate, is equally criminal when committed with a reference to the 
determination of the question submitted to electors, to be decided by 
votes cast at an election. 

The word “election,” as used in this act, shall be construed to des¬ 
ignate elections had within any city* village or incorporated town 
adopting this act, for the purpose of enabling electors to choose some 
public officer or officers under the laws of this State or the United 
States. 

Or to pass upon any amendment, law or other public act, or propo¬ 
sition submitted to vote by law. 

The word “householder,” as used in this act, shall mean the chiet 
or head of a family, who resides with the family as a family, and who 
supports and provides for such family as an independent family. 

2753. Misdemeanors — fine — when discharged.] § 24. In 
case of misdemeanors committed, where a matter of fine shall be im¬ 
posed instead of imprisonment, such party shall be discharged from 
imprisonment only on condition of payment of the fine; 

And, unless paid, his imprisonment shall continue until such fine 
shall be canceled by an allowance of three ($3) dollars per day for each 
day of imprisonment. 

2754. Forfeitures—how recovered.] § 25. All forfeitures 
provided for in this act, shall be recovered in the name of the board 
of election commissioners, and shall be paid, when collected, into the 
county treasury. 

2755. Commissioners to aid prosecutions,] § 26. It shall 
be the duty of such election commissioners to aid in the prosecution 
of all crimes and offenses against this act; 

And they shall keep a book in which shall be entered all com¬ 
plaints against persons claimed to be guilty of the violation of this law; 

And when, in the judgment of such election commissioners, such 
offense has probably been committed, it shall be their duty to cause a 
prosecution to be instituted in accordance with the provisions of this 
act, and cause the parties to be punished accordingly. 


ARTICLE VII. 

2756. Commissioners’ and clerks’ fees—how paid.] § 1 . 
Such election commissioners and the chief clerk of the board of elec¬ 
tion commissioners shall be paid by the county and for the purpose 
ot fixing their fees and compensation the several counties of this State 
are divided into three classes, as they are now classified by law, as to 
fees and salaries. 

In counties of the first class said election commissioners shall each 
receive a salary of $500, and said chief clerk a salary of $400 per annum. 
In counties of the second class such election commissioners shall each 


ELECTIONS. 


683 


receive a salary of $700, and such chief clerk a salary of $600 per 
annum. In counties of the third class, to wit: in Cook county such 
election commissioners shall each receive a salary of $1,500, and such 
chief clerk a salary of $3,500 per annum. All expenses incurred by 
said board of election commissioners shall be paid by such city. 

Such salaries and expenditures are to be audited by the county 
judge, and such salaries shall be paid by the county treasurer upon the 
warrant of such county judge, out of any money in the county treasury 
not otherwise appropriated, and such expenditures shall be paid by 
the city treasurer upon the warrant of such county judge out of any 
money in the city treasury not otherwise appropriated. It shall also 
be the duty of the governing authority of such counties and cities 
respectively to make provision for the prompt payment of such salaries 
and expenses, as the case may be. [As amended by Act approved 
June 17, 1895. In force July 1, 1895; L. 1895, p. 169.] 

2757. Judges, etc., paid at rate of $3 per day.] § 2. All 
judges and clerks of election and official ticket holders, under this act, 
shall be allowed and paid at the rate of $3 per day. 

2758. Number of days to be credited judges and clerks.] 
§ 3. Each judge of election who has performed all the duties and 
services required of him by this act, at the general registration and at 
the election following, shall be credited with four full days’ service and 
no more, but at any election prior to which there is only an additional 
registration and revision, being a registration between the general 
registrations, he shall be credited with three full days’ service and no 
more, in case he performs all the duties required of him by this act. 

At the elections held under this act, where there is no additional reg¬ 
istration or revision of registration, each judge or clerk of election 
shall only be credited with one day’s service each. 

When any judge or clerk does not perform all the services required 
by this act, then such board of election commissioners will audit his 
time, and shall allow him pro rata compensation. 

Each clerk of election, if he has performed all the services required 
of him by this act, at the general registration and at the election fol¬ 
lowing, shall be credited with five days’ service, and no more, but at 
any election prior to which there was only an additional registration 
and revision, being a registration between the general registrations, 
he shall be credited with four full days’ service and no more, in case he 
performs all the duties required of him by this act. 

2759. When city to pay judges and clerks.] § 4 . At all 
city elections, general or special, though other than city officers may 
be elected at the same time with such city officers, and at all special 
elections in any part of such city, at which a city officer is elected, such 
city shall pay such judges and clerks of election for their services un¬ 
der this act. 

2760. When county to pay judges and clerks.] § 5. At 
all general county and State elections, which include officers elected 
through the whole county, though other than State and county officers 


684 


STATUTORY PROVISIONS. 


t 


are also elected, and at all exclusively judicial elections, and at all 
special elections for a county or State officer, or member of congress 
or member of the legislature, such county shall pay such judges and 
clerks of election and official ticket holders for their services under 
this act. 

2761. Commissioners to audit claims.] § 6. Said board of 
election commissioners shall audit all the claims of judges and clerks 
of election, and of official ticket holders, and shall draw a warrant 
therefor upon such city or county treasury as the case may be. 


ARTICLE VIII. 

MISCELLANEOUS PROVISIONS. 

2762 . When act adopted.] § i. Whenever this act is adopted 
by any village or incorporated town, all its provisions shall be applica¬ 
ble and operative except as hereinafter modified. 

2763 . Ex-officio commissioners of city, etc.] § 2. When¬ 
ever any city, village or incorporated town may adopt this act, and 
which city, village or incorporated town shall lie within any county 
in which another city shall have previously thereto adopted this act, 
then in such case the commissioners of elections, appointed or which 
may be appointed for such last mentioned city, shall also be ex-officio 
commissioners of election for such first mentioned city, village or incor¬ 
porated town, and shall have and exercise the same powers as if spe¬ 
cially appointed for such city, village or town. [As amended by act 
approved June 17, 1887. In force July 1, 1887.] 

2764 . Quadruple returns of judges, etc., of village or town 
—how made.] § 3. The quadruple returns of the judges and 
clerks of election of such village or incorporated town, mentioned in 
the last section, in case of a village or town election for any officer of 
such village or town, shall be made to the same officer as now required 
by law, who shall receipt therefor, and all such returns shall be can¬ 
vassed by the canvassing board of such village or town, as established * 
by law, with the same powers of investigation and examination by such 
board, as is authorized by this act to the canvassing board of any such 
city. 

2765 . Returns of village or town election.] § 4. The returns 
of the judges and clerks of election of such village or incorporated 
towns, mentioned in the second section of this article, in case of all 
other elections therein, shall be made to the same officers, as required 
by this act, of returns of elections held in a city, and such returns shall 
be canvassed and the result declared by the same canvassing board. 

2766 . Oaths — commissioners and judges may administer.] 

§ 5 . All oaths in writing, provided for in this act, must have a jurat, 
or certificate of the officer taking the same, attached and signed by 
him, and said election commissioners, and said judges of election, are 


ELECTIONS. 


685 


hereby empowered to administer all oaths and affirmations, required 
in the administration of the affairs of their several offices. 

BALLOT LAW. 

An Act to provide for the printing and distribution of ballots at public ex¬ 
pense, and for the nomination of candidates for public offices, to regulate 
the manner of holding elections, and to enforce the secrecv of the ballot. 
[Approved June 22, 1891. In force July 1, 1891.] 

2767. Ballots printed at public expense.] § i. Beit enacted 
by the People of the State of Illinois, represented in the General As¬ 
sembly, That in all elections hereafter to be held in this State for pub¬ 
lic officers, except for trustees of schools, school directors, members 
of boards of education, officers of road districts in counties not under 
township organization, the voting shall be by ballots printed and dis¬ 
tributed at public expense as hereinafter provided, and no other ballots 
shall be used. 

2768. Expense borne by cities, etc.] § 2. The printing 
and delivery of the ballots and cards of instruction to voters herein¬ 
after described shall, in municipal elections in cities, villages and incor¬ 
porated towns be paid for by the several cities, villages and incorpo¬ 
rated towns respectively, and in town elections by the town, and in all 
other elections the printing of the ballots and cards of instruction for 
the voters in each county and the delivery of them to the several voting 
precincts and election districts shall be paid for by the several counties 
respectively. The term “general election/’ as used in this act, shall 
apply to any election held for the choice of a national, State, judicial, 
district or county officer, whether for the full term or for the filling of 
a vacancy. The term “city election” shall apply to any municipal elec¬ 
tion held in a city, village or incorporated town. 

2769. Nomination of candidates.] § 3. Any convention of 
delegates, and any caucus or meeting of qualified voters, as hereinafter 
defined, and individual voters to the number and in the manner herein¬ 
after specified, may nominate candidates for public office, whose names 
shall be placed upon the ballots to be furnished as hereinafter provided. 

2770. Caucus nominations — certificate.] § 4. Any conven¬ 
tion of delegates, caucus or meeting representing a political party 
which at the general election next preceding polled at least two (2) 
per cent, of the entire vote cast in the State, or in the electoral dis¬ 
trict or division thereof, or the municipality for which the nomination 
is made, may for the State, or for the electoral district or division 
thereof or municipality for which the convention, caucus or meeting 
is held, as the case may be, by causing a certificate of nomination to 
be duly filed, make one such nomination for each office therein to be 
filled at the election. Every such certificate of nomination shall state 
such facts as are required in section six (6) of this act, and shall be 
signed by the presiding officer and by the secretary of the convention, 
caucus or meeting, who shall add to their signatures their places of res- 


686 


STATUTORY PROVISIONS. 


idence. Such certificates shall be sworn to by them to be true to the 
best of their knowledge and belief, and a certificate of the oath shall 
be annexed to the certificate of nomination. 

2771. Nomination certificates — signatures.] § 5. Nomina¬ 
tions of candidates for any office to be filled by the voters of the State 
at large may also be made by nomination papers, signed in the aggre¬ 
gate for each candidate by not less than one thousand (1,000) qualified 
voters of the State. Nominations of candidates for office within any 
district or political division less than the State, and in all cities having 
a population in excess of 5,000, may be made by nomination papers 
signed in the aggregate for each candidate by qualified voters of such 
district or political division, not less than one for each fifty persons 
who voted at the next preceding general election in such district or 
division, but in no case by less than twenty-five (25). In elections to 
be held in a town, village, precinct or ward, and in all cities with a pop¬ 
ulation not exceeding 5,000, the signature of voters thereof equaling 
5 per cent, of the vote cast therein at the last preceding election shall 
be sufficient for the nomination of a candidate w r ho is to be voted for 
only in such town, village, precinct or ward or city. Each voter sign¬ 
ing a nomination paper shall add to his signature his place of resi¬ 
dence, and each voter may subscribe to one nomination for each office 
to be filled, and no more: Provided, that the name of any candidate 
whose name may appear in any other place upon the ballot, shall not 
be so added by petition for the same office. 

2772. Nomination papers—requisites.] § 6. All certificates of 
nomination or nomination papers shall, besides containing the names 
of candidates, specify as to each: 

1. The office to which he is nominated. 

2. The party or political principle which he represents, expressed 
in not more than five (5) words. 

3. His place of residence, with the street and number thereof, if 
any. In the case of electors for President and Vice-President of the 
United States, the names of the candidates for President and Vice- 
President may be added to the party or political appellation. 

2773. Certificates to be filed.] § 7. Certificates of nomina¬ 
tion and nomination papers for the nomination of candidates for offices 
to be filled by the electors of the entire State, or any division or dis¬ 
trict greater than a county, shall be filed with the Secretary of State at 
least thirty days previous to the day of election for which the candi¬ 
dates are nominated. All other certificates for the nomination of can¬ 
didates shall be filed with the county clerk of the respective counties 
at least thirty days previous to the day of such election: Provided, 
that certificates of nomination and nomination papers for the nomina¬ 
tion of candidates for the offices in cities, villages and incorporated 
towns, and for town offices in counties under township organization, 
shall be filed wdth the clerks of the towns, cities, villages and incorpo¬ 
rated towns at least fifteen days previous to the day of such election. 

2774. Withdrawal of nominations.] § 8. Any person whose 


ELECTIONS. 


687 


name has been presented as a candidate may cause his name to be 
withdrawn from nomination by his request in writing, signed by him 
and acknowledged before an officer qualified to take acknowledgment 
of deeds, and filed with the Secretary of State not less than fifteen (15) 
days, or with the proper clerk not less than eight (8) days previous 
to the day of election, and no name so withdrawn shall be printed upon 
the ballots. All certificates of nomination and nomination papers, 
when filed, shall be open, under the proper regulation, to public inspec¬ 
tion, and the Secretary of State and the several clerks having charge of 
nomination papers shall preserve the same in their respective offices 
not less than six months. 

2775. Death or declination of candidate—vacancy.] § 9. In 
case a candidate who has been duly nominated under the provisions 
of section six (6) of this act die before election day, or decline the 
nomination, as in this act provided, or should any certificate of nomi¬ 
nation be held insufficient or inoperative by the officer with whom 
they may be filed, the vacancy or vacancies thus occasioned may be 
filled by the political party or other persons making the original nomi¬ 
nations, or, if the time is insufficient therefor, then the vacancy may be 
filled if the nomination was by convention or caucus, in such manner 
as the convention or caucus had previously provided, or, in case of 
no such previous provision, then by a regularly elected general or ex¬ 
ecutive committee representing the political party or persons holding 
such convention, meeting or caucus. The certificates of nomination 
made to supply such vacancy shall state, in addition to the other facts 
required by section six (6) of this act, the name of the original nomi¬ 
nee, the date of his death or declination of nomination, or the fact that 
the former nomination has been held insufficient or inoperative, and 
the measures taken in accordance with the above requirements for 
filling a vacancy, and it shall be signed and sworn to by the presiding 
officer and secretary of the convention or caucus, or by the chairman 
and secretary of the duly authorized committee, as the case may be. 

2776. Certificates of nomination — objections.] § 10. The 
certificates of nomination and nomination papers being so filed and 
being in apparent conformity with the provisions of this act, shall be 
deemed to be valid, unless objection thereto is duly made in writing. 
Such objections or other questions arising in relation thereto in the case 
of nomination of State officers shall be considered by the Secretary of 
State and the Auditor and Attorney General, and the decision of the 
majority of these officers shall be final. Such objections or questions 
arising "in the case of nominations for officers to be elected by the 
voters of a division less than the State and greater than a county, shall 
be considered by the county judges of the counties embraced in such 
division, and the decision of a majority of these officers shall be final. 
Such objections or questions arising in the case of nominations of can¬ 
didates for county offices, shall be considered by the county judge, 
county clerk and State’s attorney for such county, and the decision of 
a majority of said officers shall be final. Objections or questions aris- 


688 


STATUTORY PROVISIONS. 


ing in the case of nominations of city, town or village officers shall be 
considered by the mayor or president of the board of trustees, and the 
city, town or village clerk, with whom one alderman or trustee thereof, 
as the case may be, chosen by lot shall act, and the decision of a ma¬ 
jority of such officers shall be final. Such objections arising in the 
case of nominations of town officers shall be considered by the board 
of auditors of such town, and the decision of a majority of such auditors 
shall be final. In any case where such objection is made, notice shall 
forthwith be given to the candidates affected thereby, addressed to their 
places of residence as given in the nomination papers and stating 
the time and place when and where such objections will be considered: 
Provided, that in cities, towns or villages having a board of election 
commissioners such questions shall be considered by such board and 
its decision shall be final. 

2777. Nominations to fill vacancy.] §11. When such certifi¬ 
cate is filed with the Secretary of State he shall, in certifying nomina¬ 
tions to the various county clerks, insertthe name of the person who has 
been thus nominated to fill a vacancy in place of the original nominee, 
and in the event that he has already sent forward his certificate, he shall 
forthwith certify to the clerks of the proper counties the name and de¬ 
scription of the person so nominated to fill a vacancy, the office he is 
nominated for, with the other details mentioned in certificates of nomi¬ 
nations filed with the Secretary of State, and in cases where such clerk 
is not charged by this act witn the printing of the ballots, he shall im¬ 
mediately certify the name so supplied to the authorities charged with 
the printing of the ballots. The name so supplied for the vacancy 
shall, if the ballots are not already printed, be placed on the ballots 
in place of the name of the original nominee; or if the ballots have 
been printed, new ballots, whenever practicable, shall be furnished. 

2778. Pasters—stamping on ballots.] ' § 12. Whenever it may 
not be practicable to nave new ballots printed, it shall be the duty of 
the election officer having charge of the ballots to place the name 
supplied for the vacancy upon each ballot issued before delivering 
it to the voter; the name so supplied may be placed upon the ballots 
either by affixing a paster or by writing or stamping the name on the 
ballot; and to enable this to be done, the officer with whom the cer¬ 
tificates of nomination are to be filed shall immediately furnish the 
name of such substituted nominee to all judges of election within the 
territory in which such nominee may be a candidate. 

2779. Notice to county clerk.] § 13. Not less than fifteen days 
before an election to fill any public office the Secretary of State shall 
certify to the county clerk of each county within which any of the 
electors may by law vote for candidates for such office, the name and 
description of each person nominated for such office, as specified in the 
certificates of nomination filed with the Secretary of State. 

2780. Ballot — what to contain — how printed—form.] § 14. 
The names of all candidates to be voted for in each election district or 
precinct shall be printed on one ballot; all nominations of any political 


ELECTIONS. 


689 


party or group of petitioners being placed under the party appellation 
or title of such party or group as designated by them in their certifi¬ 
cates of nomination or petitions, or if none be designated, then under 
some suitable title, and the ballot shall contain no other names, except 
that in case of electors for president and vice-president of the 
United States, the names of the candidates for president and vice- 
president may be added to the party or political designation. If a con¬ 
stitutional amendment or other public measure is submitted to a vote, 
such question shall be printed upon the ballot after the list of candi¬ 
dates, and words calculated to aid the voter in his choice of candidates 
cr to answer any question submitted to vote may be added, such as: 
“Vote for one;” “Vote for three,” “Yes,” “No,” or the like. On the 
back or outside of the ballot, so as to appear when folded, shall be 
printed the words, “Official ballot,” followed by the designation of the 
polling place for which the ballot is prepared, the date of the election 
and a fac simile of the signature of the clerk or other officer who has 
caused the ballots to be printed. The ballots shall be of plain white 
paper, through which the printing or writing cannot be read. The 
party appellation or title shall be printed in capital letters, not less 
than one-fourth of an inch in height and a circle one-half inch in diam¬ 
eter shall be printed at the beginning of the line in which such appella¬ 
tion or title is printed. The names of candidates shall be printed 
in capital letters not less than one-eighth nor more than one-fourth of 
an inch in height, and at the beginning of each line in which a name 
of a candidate is printed a square shall be printed, the sides of which 
shall not be less than one-fourth of an inch in length. The list of 
candidates of the several parties and groups of petitioners shall be 
placed in separate columns on the ballot in such order as the authorities 
charged with the printing of the ballots shall decide. 

As nearly as practicable the ballot shall be in the following form: 


O DEMOCRATIC. 

For Governor 
□JOHN M. PALMER. 
For Lieutenant Governor 
□ANDREW J. BELL. 
For Secretary of State 
□ NEWELL D. RICKS. 


O REPUBLICAN. 

For Governor 
□JOSEPH W.FIFER. 
For Lieutenant Governor 
□ LYMAN B. RAY. 
For Secretary of State 
□I. N. PEARSON. 


O PROHIBITION. 

For Governor 
□DAVID H. HARTS. 
For Lieutenant Governor 
□JOS. L. WHITLOCK. 
For Secretary of State 
□JAMES R. HANNA. 


[And continuing in like manner as to all candidates to be voted for 
at such election.] 

2781. Printing of ballots—by what officers.] § 15. For all 
elections to which this act applies, the county clerks, in their respective 
counties, shall have charge of the printing of the ballots for all gen¬ 
eral elections, and shall furnish them to the judges of election; the 
44 










690 


STATUTORY PROVISIONS. 


city, town or village clerk shall have charge thereof and furnish them in 
all city elections, and the town clerk in counties under township organ¬ 
ization shall have charge thereof and furnish the same in all town 
elections to which this act applies: Provided, that in cities, towns or 
villages having a board of election commissioners, such board shall 
have charge of the printing of the ballots and furnish them to the 
judges of election within the territory under their jurisdiction. Ballots 
shall be printed and in possession oi the officer charged with their dis¬ 
tribution at least two days before the election and subject to the in¬ 
spection of candidates and the.r agents; if any mistakes be discovered 
they shah be corrected without delay. The officer so charged with 
the printing of the ballots shall cause to be delivered to the judges 
of election at the polling place of each precinct or district, not less than 
twelve hours before the time fixed by law for the opening of the polls 
therein, one hundred ballots of the kind to be voted in such precinct 
or district for every fifty votes cast therein at the last preceding elec¬ 
tion for state officers; such ballots shall be put up in separate sealed 
packages, with marks on the outside clearly designating the polling 
place for which they are intended and the number of ballots enclosed, 
and receipt therefor shall be given by the judges of election to whom 
they are delivered, which receipt shall be preserved by the officer 
charged with the printing of the ballots. The officer or authorities 
charged with the printing and distributing of the ballots shall provide 
and retain at his or their office an ample supply of ballots, in addition 
to those distributed to the several voting precincts or districts, and 
if at any time on or before the day of election the ballots furnished 
to any precinct shall be lost, destroyed or exhausted before the polls are 
closed, on written application signed by a majority of the judges of 
such precinct or district, or signed and sworn to by one of such judges, 
he shall immediately cause to be delivered to such judges, at the polling 
place, such additional supply of ballots as may be required and sufficient 
to comply with the provisions of this act. 

2782. Vote on constitutional amendments — form of bal¬ 
lot.] § 16. Whenever a constitutional amendment or other public 
measure is proposed to be voted upon by the people, the substance of 
such amendment or other public measure shall be clearly indicated 
upon the ballot, and two spaces shall be left upon the margin, one 
for votes favoring the amendment or public measure, to be designated 
by the word “yes,” and one for votes opposing the amendment or 
measure, to be designated by the word “no,” as in the form herein 
given: 


Proposed amendment to the constitution giv¬ 
ing judges a life term of office and making 

YES. 

X 

NO. 


them appointive. 


The elector shall designate his vote by a cross mark, thus (x). 












ELECTIONS. 


691 


2783. Cumulative voting.] § 17. It may be stated in the 
certificates of nomination of candidates for Representatives in the Gen¬ 
eral Assembly what number of votes it is desired shall be printed as 
given to such candidate or candidates, and in such case the ballots 
shall be so printed. In any case where the certificate of nomination 
does not so state, then no number of votes shall be printed on the 
ballots as to the candidate or candidates named in such certificates. 
In canvassing the vote for Representatives in the General Assembly, 
if the ballot has been so marked as to indicate that the voter intends 
to vote for one person only for that office, it shall be counted three 
votes for that candidate; if it has been so marked as to indicate that 
the voter intends to vote for two persons for Representatives it shall 
be counted one and one-half votes for each of such candidates, unless 
otherwise on the ballot expressly stated ; and if it has been so marked 
as to indicate an intention to vote for three persons for such office it 
shall be counted one vote for each of such candidates, unless other¬ 
wise on the ballot expressly stated; and if it has been so marked as to 
indicate an attempt to vote for more persons for Representatives than 
the voter is entitled to vote for the votes for Representatives on such 
ballot shall not be counted. 

2784. Printed instructions for voters.] § 18. The officer 

or officers whose duty it is to have the ballots printed shall prepare full 
instructions for the guidance of voters at each election as to obtaining 
ballots, as to the manner of marking them and the method of gaining 
assistance and as to obtaining new ballots in place of those accidentally 
spoiled; and they shall respectively cause the same, together with 
copies of sections twenty-one (21), twenty-two (22), twenty-three (23), 
twenty-four (24), twenty-five (25), twenty-eight (28) and twenty-nine 
(29) of this act, to be printed in large, clear type, on separate cards, 
to be called cards of instruction; and such officer or officers shall fur¬ 
nish to the judges of election a sufficient number of such cards of 
instruction to enable the judges of election to comply with the pro¬ 
visions of this act. 

2785. Instruction cards and specimen ballots to be posted.] 

§ 19. The judges of election shall cause not less than one of such 
cards to be posted in each voting booth provided for the preparation 
of ballots, and not less than four of such cards to be posted in and 
about the polling places upon the day of election. Judges of election 
shall, not less than five days prior to an election, cause to be con¬ 
spicuously posted, in five or more public places in their voting pre¬ 
cinct or election district, a card of instruction and a specimen ballot 
printed on colored paper, containing the names, residence, and party 
or political affiliation of all candidates nominated as herein provided, 
and to be voted for in such precinct, substantially in the form of the 
general ballot to be used herein, and they shall likewise cause to be 
published, prior to the day of election, in at least two newspapers, if 
there be so many published in such county, representing the political 


692 


STATUTORY PROVISIONS. 


parties which cast at the preceding election the largest and next largest 
number of votes, a list of all the nominations made as herein provided 
and to be voted for at such election, as near as may be, in the form in 
which they shall appear upon the general ballot. 

2786. Judges have charge of ballots.] § 20. The judges 
of election of their respective election precincts or election districts 
shall have charge of the ballots and furnish them to the voter as here¬ 
inafter set forth. 

2787. Booths at polling places — stationery, etc. — booths 

private.] § 21. All officers upon whom is imposed by law the duty 
of designing or providing polling places shall provide in each polling 
place so designated or provided a sufficient number of booths, which 
shall be provided with. such supplies and conveniences, including 
shelves, pens, penholders, ink, blotters and pencils, as will enable 
the voter to prepare his ballot for voting, and in which voters may 
prepare their ballots screened from all observation as to the manner 
in which they do so; and the guard rail shall be so constructed and 
placed that only such persons as are inside said rail can approach 

within six feet of the ballot box and of such voting booths. The 

arrangement shall be such that the voting booths can only be reached 
by passing- within said guard rail. They shall be within plain view 
of the election officers, and both they and the ballot boxes shall be 
within plain view of those outside of the guard rail. Each of said 
booths shall have three sides enclosed, one side in front, to be closed 

with a curtain. Each side of each booth shall be six feet four 

inches and the curtain shall extend within two feet of the floor, which 
shall be closed while the voter is preparing his ballot. Each booth 
shall be at least 32 inches square and shall contain a shelf at least one 
foot wide, at a convenient height for writing. No person other than 
the election officers and the challengers allowed by law, and those 
admitted for the purpose of voting as hereinafter provided, shall be 
permitted within the guard rail, except by authority of the election 
officers to keep order and enforce the law. The number of such 
voting booths shall not be less than one to every seventy-five voters 
or fraction thereof who voted at the last preceding election in the 
district. The expense of providing booths and guard rails and other 
things required in this act shall be paid in the same manner as other 
election expenses. [As amended by act approved June 19, 1893. In 
force July 1, 1893.] 

2788. Manner of voting — checking on register list.] 

§ 22. Any person desiring to vote shall give his name and, if required 
to do so, his residence, to the judges of election, one of whom shall 
thereupon announce the same in a loud and distinct tone of voice, 
clear and audible; and if such name is found on the register of voters 
by the officer having charge thereof he shall likewise repeat said name 
and the voter shall be allowed to enter the space inclosed by the guard 
rail, as above provided. One of the judges shall give the voter one, 


ELECTIONS. 


693 


and only one, ballot, on the back of which such judge shall indorse his 
initials in such manner that they may be seen when the ballot is 
properly folded, and the voter’s name shall be immediately checked 
on the register list. At all elections, when a registry may be required, 
if the name of any person so desiring to vote at such election is not 
found on the register of voters he shall not receive a ballot until he 
shall have complied with the law prescribing the manner and con¬ 
ditions of voting by unregistered voters. If any person desiring to 
vote at any election shall be challenged he shall not receive a ballot 
until he shall have established his right to vote in the manner pro¬ 
vided by law. Besides the election officer not more than two voters 
in excess of the whole number of voting booths provided shall be al¬ 
lowed in said inclosed space at one time. 

2789. Manner of preparing ballot.] § 23. On receipt of 
his ballot the voter shall forthwith, and without leaving the inclosed 
space, retire alone to one of the voting booths so provided and shall 
prepare his ballot by making in the appropriate margin or place a 
cross (X) opposite the name of the candidate of his choice for each 
office to be filled, or by writing in the name of the candidate of his 
choice in a blank space on said ticket, making a cross (X) opposite 
thereto; and in case of a question submitted to the vote of the people, 
by making in the appropriate margin or place a cross (X) against 
the answer he desires to give: Provided, however, if he shall desire 
to vote for all of the candidates of one political party or group of pe¬ 
titioners, he may place such mark at the appropriate place preceding 
the appellation or title under which the names of the candidates of 
such party or group of petitioners are printed, and the ballot so 
marked shall be counted as cast for all of the candidates named 
under that title: Provided, further, that the voter may place such 
mark at the appropriate place preceding the appellation or title of 
one party or group of petitioners and may also mark, at the appro¬ 
priate place preceding the name or names of one or more candidates 
printed under the appellation or title of some other party or group 
of petitioners, and a ballot so marked shall be counted as cast for all 
the candidates named under the appellation or title which has been 
so marked, except as to the officers as to which he has placed such 
mark preceding the name or names of some other candidate or can¬ 
didates printed under the title of some other party or group of peti¬ 
tioners, and as to such it shall be counted as cast for the candidate or 
candidates preceding whose name or names such mark may have 
been placed. Before leaving the voting booth the voter shall fold his 
ballot in such manner as to conceal the marks thereon. He shall 
then vote forthwith in the manner now provided by law, except that 
the number corresponding to the number of the voter on the poll 
books shall not be indorsed on the back of his ballot. He shall mark 
and deposit his ballot without undue delay, and shall quit said in¬ 
closed space as soon as he has voted. No voter shall be allowed to 
occupy a voting booth already occupied by another, nor remain 


694 


STATUTORY PROVISIONS. 


within said inclosed space more than ten minutes, nor to occupy a vot¬ 
ing booth more than five minutes in case all of said voting booths are 
in use and other voters waiting to occupy the same. No voter not an 
election officer, shall, after having voted, be allowed to re-enter said 
inclosed space during said election. No person shall take or remove 
any ballot from the polling place before the close of the poll. No 
voter shall vote or offer to vote any ballot except such as he has re¬ 
ceived from the judges of election in charge of the ballots. Any voter 
who shall, by accident or mistake, spoil his ballot, may, on returning 
said spoiled ballot, receive another in place thereof. 

2790. Assistance to illiterate voter.] § 24. Any voter who 
may declare upon oath that he can not read the English language or 
that by reason of any physical disability he is unable to mark his bal¬ 
lot, shall, upon request, be assisted in marking his ballot by two of 
the election officers of different political parties, to be selected from 
the judges and clerks of the precinct in which they are to act, to be des¬ 
ignated by the judges of election of each precinct at the opening of the 
polls. Such officers shall mark the ballot as directed by the voter, 
and shall thereafter give no information regarding the same. The • 
clerks of election shall enter upon the poll lists after the name of any 
elector who received such assistance in marking his ballot a memoran¬ 
dum of the fact. Intoxication shall not be regarded as a physical dis¬ 
ability, and no intoxicated person shall be entitled to assistance in 
marking his ballot. 

2791. Absence for voting purposes—employer preventing— 
penalty.] § 25. Any person entitled to vote at a general election 
in this State shall, on the day of such election, be entitled to absent 
himself from any services or employment in which he is then engaged 
or employed for a period of two hours between the time of opening 
and closing the polls; and such voter shall not because of so absenting 
himself be liable to any penalty, nor shall any deduction be made on 
account of such absence from his usual salary or wages: Provided, 
however, that application for such leave of absence shall be made 
prior to the day of election. The employer may specify the hours dur¬ 
ing which said employe may absent himself as aforesaid. Any person 
or corporation who shall refuse to an employe the privilege hereby 
conferred, or shall subject an employe to a penalty or deduction of 
wages because of the exercise of such privilege, or who shall directly 
•or indirectly violate the provisions of this section, shall be deemed 
guilty of a misdemeanor and be fined in any sum not less than five 
dollars ($5) nor more than one hundred dollars ($100). 

2792. Ballots not counted — spoiled ballots.] § 26. If the 
voter marks more names than there are persons to be elected to an 
office, or if for any reason it is impossible to determine the voter’s 
choice for any office to be filled, his ballot shall not be counted for such 
office. No ballot without the official endorsement shall be allowed to 
be deposited in the ballot box, and none but ballots provided in accord¬ 
ance with the provisions of this act shall be counted. Ballots not 


ELECTIONS. 


695 


counted shall be marked “defective” on the back thereof and ballots 
to which objection has been made by either of the judges or chal¬ 
lengers shall be marked “objected to” on the back thereof, and a 
memorandum signed by the judges stating how it was counted shall 
be written upon the back of each ballot so marked, and all ballots 
marked defective or objected to shall be enclosed in an envelope 
securely sealed and so marked and endorsed as to clearly disclose its 
contents. All ballots not voted, and all that have been spoiled by 
voters while attempting to vote, shall be returned by the judges of elec¬ 
tion to the officer or authorities charged with the printing and dis¬ 
tribution of the ballots and a receipt taken therefor, and shall be pre¬ 
served six months; such officer shall keep a record of the number of 
ballots delivered for each polling place, the name of the person to 
whom and the time when delivered, and he shall also enter upon such 
record the number and character of ballots returned, with the time 
when and the person by whom they are returned. 

2793. Canvass of votes — proclamation — ballots destroyed.] 
§ 27. When the canvass of the ballots shall have been completed, 
as now provided by law, the clerks shall announce to the judges the 
total number of votes received by each candidate; each judge of elec¬ 
tion in turn shall then proclaim in a loud voice the total number of 
votes received by each of the persons voted for and the office for 
which he is designated, and the number of votes for and the number 
of votes against any proposition which shall have been submitted to 
a vote of the people; such proposition shall be prima facie evidence 
of the result of such canvass of the ballots. Immediately after making 
such proclamation, and before separating, the judges shall fold in two 
folds, and string closely upon a single piece of flexible wire, all ballots 
which have been counted by them, except those marked “objected to,” 
unite the ends of such wire in a firm knot, seal the knot in such man¬ 
ner that it can not be untied without breaking the seal, enclose the bal¬ 
lots so strung in an envelope and securely tie and seal such envelope 
with official wax impression seals, to be provided by the judges, in 
such manner that it can not be opened without breaking the seals, and 
return said ballots together with the package containing the ballots 
marked “defective or objected to,” in such sealed package or envelope, 
to the proper clerk or to the board of election commissioners, as the 
case may be, and such officer shall carefully preserve said ballots for 
six months, and at the expiration of that time shall destroy them by 
burning without previously opening the package or envelope. Such 
ballots shall be destroyed in the presence of the official custodian 
thereof, and two electors of approved integrity and good repute and 
members respectively of the two leading political parties. The said 
electors shall be designated by the county judge of the county in which 
such ballots are kept; Provided, that if any contest of the election of 
any officer voted for at such election shall be pending at the expiration 
of said time, the said ballots shall not be destroyed until such contest 
is finally determined. In all cases of contested elections the parties 


696 


STATUTORY PROVISIONS. 


contesting the same shall have the right to have said ballots opened 
and to have all errors of the judges in counting or refusing to count 
any ballot corrected by the court or body trying such contest; but 
such ballots shall be opened only in open court or in open session of 
such body and in the presence of the officer having the custody thereof. 

2794. Electioneering at polls prohibited — penalty.] § 28. 
No person whatever shall do any electioneering or soliciting of votes 
on election day within any polling place or within one hundred (100) 
feet of any polling place; no person shall interrupt, hinder or oppose 
any voter while approaching the polling place for the purpose of 
voting. Whoever shall violate the provisions of this section shall be 
punished by a fine of not less than twenty-five dollars ($25) nor more 
than one hundred dollars ($100) for each and every offense; and it 
shall be the duty of the judges of election to enforce the provisions of 
this section. 

2795. Unlawful exhibition of ballot — false statement— pen¬ 
alty.] § 29. Any voter who shall, except as herein otherwise pro- 
\ided, allow his ballot to be seen by any person with an apparent in¬ 
tention of letting it be known how he is about to vote, or who shall 
make a false statement as to his inability to mark his ballot, or any 
person who shall interfere, or attempt to interfere, with any voter 
when inside said enclosed space, or when marking his ballot, or who 
shall endeavor to induce any voter before voting to show how he 
marks or has marked his ballot, shall be punished by a fine of not less 
than five dollars ($5), nor more than one hundred dollars ($100), and 
it shall be the duty of the election judges to enforce the provisions of 
this section. 

2796. Destroying poster lists, etc.—penalty.] § 30. Any 
person who shall, prior to an election, willfully destroy or deface any 
list of candidates posted in accordance with the provisions of this act, 
or who, during an election shall willfully deface, tear down, remove or 
destroy any card of instructions or specimen ballot printed and posted 
for the instruction of voters, or who shall, during an election, willfully 
remove or destroy any of the supplies or conveniences furnished to 
enable voters to prepare their ballots, or shall willfully hinder the 
voting of others, shall be punished by a fine not less than ten dollars 
($10), nor more than one hundred dollars ($100). 

2797. Destroying, etc., certificate of nomination—spurious 
ballots, etc.—penalty.] § 31. Any person who shall falsely make 
or willfully destroy any certificate of nomination or nomination papers, 
or any part thereof, or any letter of withdrawal, or file any certificate 
of nomination or nomination paper, knowing the same or any part 
thereof to be falsely made, or suppress any certificate of nomination 
or nomination paper or any part thereof, which has been duly filed, 
or forge or falsely make the official indorsement on any ballot, or shall 
take from the polling place any official ballot or substitute therefor any 
spurious or counterfeit ballot, or make, use, circulate, or cause to be 
made or circulated, as an official ballot, any paper printed in imita- 


ELECTIONS. 


697 


tion or resemblance thereof, or willfully destroy or deface any ballot, 
or willfully delay the delivery of any ballots shall be punished by a 
hne not less than one hundred dollars ($100), and not exceeding one 
thousand ($1,000) dollars, or by imprisonment in the penitentiary not 
less than one year and not exceeding five years, or by both such fine 
and imprisonment. 

2798. Neglect of officer to perform duties.] §32. Any public 
officer upon whom a duty is imposed by this act who shall willfully neg¬ 
lect to perform such duty, or who shall willfully perform it in such 
a way as to hinder the object of this act, shall be punished by a fine of 
not less than $5 nor more than $1,000, or by imprisonment in the pen¬ 
itentiary for not less than one year and not exceeding five years, or by 
both such fine and imprisonment. 

2799. Published in pamphlet form.] §33. It shall be the duty 
of the Secretary of State, with the aid and advice of the Attorney Gen¬ 
eral, to cause one thousand copies of this act to be printed immediately, 
in pamphlet form, with all necessary forms and instructions, to assist 
election officers to carry it into effect, and to distribute the same 
through the county clerks of the several counties of the State. 

2800. Time polls to be kept open.] § 34. At all elections to 
which this act applies, except at elections held in cities, villages and 
incorporated towns which have heretofore adopted or may hereafter 
adopt the provisions of an act entitled “An act regulating the holding 
of elections and declaring the results thereof in cities, villages and in¬ 
corporated towns,” approved June 19, 1885, the polls shall be opened 
at seven o’clock in the morning and shall be closed at five in the 
evening. 

2801. Repeal of prior acts—effect on penalties.] § 35. All 

acts and parts of acts inconsistent with the provisions of this act are 
hereby repealed: Provided, that this act shall not be construed to 
repeal an act entitled “An act regulating the holding of elections and 
declaring the results thereof in cities, villages and incorporated 
towns,” approved June the 19th, 1885, or any: of the amendments there¬ 
to; but all elections in cities, villages and incorporated towns which may 
have heretofore adopted or may hereafter adopt the said act shall be 
held in accordance with the provisions of the aforesaid act, except as 
to the manner of making nominations for office, the manner of pro¬ 
viding printing and distributing ballots, the form of ballots, the arrange¬ 
ment and the furnishing of polling places and voting booths, and the 
manner of voting and the numbering and preserving of ballots, all of 
which shall be in conformity with the provisions of this act. No pen¬ 
alty provided for a violation of any of the provisions of this act shall 
be construed as a substitute for, or repeal of, any penalty provided in 
the aforesaid acts of June 19, 1885, for a violation of any of the pro¬ 
visions [of] said act. 

2802. Newspaper publication of this law.] § 36. It shall be 
the duty of the board of supervisors of each county under township 
organization, and of the board of county commissioners in counties 


STATUTORY PROVISIONS. 


698 

not under township organization, at their first meeting after the passage 
of this act, to select two newspapers, one from each of the two political 
parties casting the greatest number of votes for State Treasurer at 
the election in 1890, in which this law shall be published: Provided, 
that the pay for such publication shall be fixed by said board of super¬ 
visors or county commissioners, but in no case shall it exceed the 
sum of thirty dollars to each newspaper publishing the same. When 
the board of supervisors or county commissioners have selected the 
newspapers in which the law shall be published, it shall be the duty 
of the county clerk to certify such action to the Secretary of State, 
who shall at once furnish to each of said papers a copy of the law, and 
upon the receipt of the Secretary of State of a copy of said paper, with 
an affidavit of the publisher or business manager that the law was 
published in each and every copy of [of] said paper on a certain date 
(which shall not be later than thirty days after its receipt from the 
Secretary of the State), the Secretary of State shall certify the amount 
fixed for the payment for the publication of this law in said paper to the 
Auditor of Public Accounts, who shall draw his warrant on the Treas¬ 
urer for the sums named: Provided, that the non-publication of this 
law, as herein provided, shall not invalidate the law. 

SCHOOL OFFICERS IN CITIES. 

An Act to provide for the compensation of judges and clerks of elections 
at elections at which trustees of schools and school directors are elected 
under the provisions of an act entitled, “An act to regulate the hold¬ 
ing of elections and declaring the result thereof in cities, villages and 
incorporated towns in this State,” approved June 19, 1885. [Approved 
June 3, 1889. In force July 1, 1889.] 

2803. Fees of judges — how paid.] §1. Be it enacted by 
the People of the State of Illinois, represented in the General As¬ 
sembly, That at all elections held under the provisions of an act en¬ 
titled “An act to regulate the holding of elections and declaring the 
result thereof in cities, villages and incorporated towns in this State ,'* 
approved June 19, 1895, and those amendatory and supplemental 
thereto, at which any trustee of school may have been heretofore or 
shall hereafter be elected, the expenses of such election shall be paid 
out of the treasury of such city, village and incorporated town. 

2804. When school directors elected,] § 2. That at all elec¬ 
tions held under the provisions of said acts at which a school director 
is elected, the expenses of such election shall be paid out of any funds 
belonging or appertaining to the district for which such director is 
elected. 

2805. Taxes to pay fees of.] § 3. The corporate authorities 
of cities, villages, incorporated towns and school districts are hereby 
authorized and empowered to levy taxes for the purpose of paying such 
election expenses. 


ELECTIONS. 


699 


SCHOOL DISTRICT ELECTIONS. 


An Act to regulate the holding of elections and declaring the result thereof 
for town, school township and school district purposes, where such 
town, school township or school district lies wholly within or partly 
within and partly without any city, village or incorporated town which 
has adopted, or may adopt, an act entitled “An act regulating the 
holding of elections and declaring the result thereof in cities, villages 
and incorporated towns in this State,” approved June 19, 1885, in force 
July 1, 1885. [ Approved March 23, 1887. In force March 23, 1887.] 

2806. Where town, school township or school district lies 
wholly within or partly within and partly without any city, 
etc., which has adopted, etc.] § i. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That in 
all elections hereafter held for town, school township, or school district 
purposes in any town, school township or school district lying wholly 
within or partly within and partly without any city, village or in¬ 
corporated town which has, or may adopt an act entitled “An act 
regulating the holding of elections and declaring the results thereof in 
cities, villages and incorporated towns in this State,” approved June 
19, 1885, in force. July 1, 1885, the legal authorities of such town, 
school township or school district shall locate the polling place or 
places, appoint the judges and clerks and otherwise conduct the elec¬ 
tion in that portion or part of the town, school township or school dis¬ 
trict that lies without such city, village or incorporated town, in the 
manner now provided by law, except as hereinafter provided, but no 
one residing without such city, village or incorporated town shall 
vote at any polling place within, nor shall any one residing within 
vote at any polling place without, and the votes cast at the polling 
place or places without such city, village or incorporated town, shall 
be canvassed, certified and returned as is now provided by law in 
such cases, and in addition thereto a complete abstract of the votes 
cast shall be made, certified and returned to the election commissioners 
of such city, village or incorporated town. 

2807. Election — how conducted.] § 2. In all that part or 
portion of such town, school township or school district that lies 
within such city, village or incorporated town or where the same 
lies wholly within any such city, village or incorporated town, the 
election shall be conducted by the election commissioners of such city, 
village or incorporated town in strict conformity with the said act 
approved June 19, 1885, mentioned in section one of this act, and when 
partly within and partly without any such city, village or incor¬ 
porated town, the election commissioners shall certify the returns 
received by them from the polling place or places without such city, 
village or incorporated town, to the proper officer or officers; and all 
the returns so certified and returned by the election commissioners 
shall be canvassed together with the returns certified from polling 
places within by the same canvassing board, the results thereof de¬ 
clared, and certificates of election shall be issued thereon, the same as 


I 


700 STATUTORY PROVISIONS. 

if all such votes had been cast in, certified and returned from such 
city, village or incorporated town. Provided, it shall not be neces¬ 
sary under this act for the election commissioners to make or cause 
to be made a revision of the registry for special elections or elec¬ 
tions to fill a vacancy in a single office. 

2808 . Refusal of officer to perform duty — penalty — ob¬ 
structing election.] § 3. Any officer who shall willfully refuse 
to perform any duty required by this act shall be guilty of a misde¬ 
meanor, and shall be liable to a fine of not less than one hundred dol¬ 
lars nor more than five hundred dollars, and on conviction shall be 
removed from office, by the order of court wherein such fine is as¬ 
sessed, and any person or combination of persons who shall under any 
pretense whatever attempt to establish a rival polling place or other¬ 
wise attempt to obstruct or interfere with any election held or to be 
held under this act, shall be guilty of a felony, and on conviction shall 
be imprisoned in the penitentiary not less than one nor more than 
three years. 

2809 . Repeal.] § 3pP All acts or parts of acts in conflict with 
this act are hereby repealed. 

2810 . Emergency.] § 4. Whereas, an emergency exists, there¬ 
fore this act shall be in force from and after its passage. 


An Act to entitle women to vote at any election held for the purpose of 
choosing any officer under the general or special school laws of this State. 
[ Approved June 19, 1891. In force July 1, 1891.] 


2811. Women may vote for school officers.] § 1 . Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly, Any woman of the age of twenty-one years and 
upwards, belonging to either of the classes mentioned in article 7 of 
the constitution of the State of Illinois, who shall have resided in 
this State one year, in the county ninety days, and in the election 
district thirty days preceding any election held for the purpose of 
choosing any officer of schools under the general or special school 
laws of this State, shall be entitled to vote at such election in the 
school district of which she shall at the time have been for thirty days 
a resident. Provided, any woman so desirous of voting at any such 
election shall have been registered in the same manner as is provided 
for the registration of male voters. 

wu 812 ' ®f llo [ ~ what t0 contain — how deposited.l 8 2 . 

Whenever the election of public school officers shall occur at the same 
election at which other public officers are elected, the ballot offered bv 
any woman entitled to vote under this act shall not contain the name 

° any TP" t0 5® V °, te , d , f ,° r at such election except s«ch officers of 
P , 1C schools, and such ballots shall all be deposited in a separate bal- 

election b Canvassed w,th other ballots cast for school officers at such 



ELECTIONS. 


701 



PRIMARY ELECTIONS. 

An Act to regulate primary elections of voluntary political associations, and to 
punish frauds therein. [Approved June 6, 1889. In force July 1, 1889.] 

2813. When primary elections to be held under this act.] §1. Be 

it enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That all elections hereafter to be holden by any volun¬ 
tary political association or party, for any candidate for any office, or 
for any delegates or managing committee, or for the nomination of 
candidates for public office, shall be held under the provisions of this 
act, whenever any committee or body authorized by the rules or cus¬ 
toms of such political association shall elect to accept and act under 
such provisions. 

2814. Desire must be expressed by a resolution.] § 2. When¬ 
ever it shall be the desire of any such committee or body that such 
election shall be held under the provisions of this act, such desire and 
acceptance shall be expressed by a resolution duly passed by such com¬ 
mittee or body, which resolution shall state that such election will be 
held under the provisions of this act under the title of “Primary Elec¬ 
tion Law.” 

2815. Committee — time and place of election.] § 3. Said 
committee or body shall fix the time and place of holding such elec¬ 
tion and the hours between which the polls are to be kept open, and 
the polls shall, in all cases, be kept open from one o’clock p. m. to 7 
o’clock p. m., of the day on which the election is held; they shall also 
appoint three reputable persons to act as judges, and two reputable 
persons to act as clerks at each polling place: Provided, that in cities 
and towns or villages where there is a board of election commis¬ 
sioners having jurisdiction of general elections, said central or con¬ 
trolling committee shall select the judges and clerks from the list of 
regular election judges and clerks in each ward, or voting district, 
to serve at such primary election, representing the political association 
or party calling said primary election. Said judges and clerks, to¬ 
gether with the central committee-man, who acted with the central or 
controlling committee in calling said primary election, shall be ineligi¬ 
ble as delegates, alternates or proxy at such primary election, or al¬ 
lowed to sit as such in any convention, meeting or caucus, held for the 
election to which said primary election or elections is being held. 

2816. Notice of election under this act—what to contain.] § 4. 
At least ten days prior to any such election a notice of such election 
shall be published in some newspaper or newspapers of general cir¬ 
culation in the district, ward, precinct, township, city or county in 
and for which the election is called; such notice must be signed by the 
secretary of the committee or body calling such election, and must 
state the purpose, time, together with the place or places of holding 
such election, with a description of each primary election district, and 
the three persons shall be named therein who are appointed for each 
polling place to act as judges, and two persons to act as clerks of said 


702 


STATUTORY PROVISIONS. 


election, and who shall supervise or preside at such election in the 
primary election district for which they are respectively appointed, 
and such judges and clerks shall be legal voters and householders in 
one of the regular election precincts within the primary election dis¬ 
trict for which they are named. Such notice shall also declare that 
such election therein called will be held in pursuance of, and subject 
to, the provisions of this act, under the title of “ Primary Election 
Law,” and any election held in pursuance of any notice calling for an 
election under the “Primary Election Law,” shall be taken and deemed 
to be an election under this law. 

2817. Judges — clerks — oath — duties — penalty.] § 5 . The 

persons named as judges and clerks of election in the notice required 
by section four of this act, or any persons assuming or chosen to be 
such judges and clerks in the absence, refusal or failure to act of any of 
the judges or clerks named in such notice, shall first make oath or 
affirmation that they are legal voters and householders in one of the 
regular election precincts within the primary election district for which 
they were appointed to serve; that they will faithfully and correctly con¬ 
duct such election, protect it against all frauds and unfairness, carefully 
and truly canvass all votes cast thereat, and in every way conform to the 
provisions of this act, and of the notice for the election, which oath 
may be administered by any one of the judges, or by any person author¬ 
ized under the laws of the State to administer oaths. And if one or all of 
the judges appointed to serve at the election be absent, or fail or refuse 
to serve at the hour appointed for the election to begin, then the electors 
present to the number of not less than five, possessing the qualifica¬ 
tions of persons entitled to vote at said election, shall choose a person 
or persons to fill any vacancy that may exist. Any violation of the 
provisions of this section shall be deemed a misdemeanor, and shall 
subject the offender on conviction to punishment by a fine of not less 
than fifty dollars nor more than two hundred dollars or by impris¬ 
onment in the county jail not less than one nor more than six months, 
or by both such fine and imprisonment in the discretion of the court. 

2818. Who may vote—commissioners—lists—penalty for vot¬ 
ing contrary to this act.] § 6. Every legal voter entitled to vote at 
regular elections within any election precinct, included within the 
primary district of which he is a resident and who is a member of the 
political association or party holding the primary election, shall be en¬ 
titled to vote at such primary election: Provided, that in cities, towns 
or villages where there is a board of election commissioners having 
jurisdiction of general elections, no person shall be allowed to vote 
unless he shall be a member of the political party or association holding 
such primary election and shall, upon demand give the judges his name 
and place of residence, and he shall state upon like demand (if made) 
that he has not voted at any other primary election held by any other 
political association or party for a period of one year prior to the date 
of the primary election then held. He shall not have voted at this 
or any other poll at any primary election held that day, nor shall he be 


ELECTIONS. 


703 


allowed to vote unless, in addition to the qualifications hereinbefore 
prescribed, he is a registered voter in one of the election precincts con¬ 
tained within the primary election district wherein he resides, and it 
shall be the duty of the board of election commissioners to furnish and 
distribute among the judges of every primary election held under this 
act, complete lists of the registered voters in each election precinct 
contained within their respective primary election districts. Any 
person who is not a member of the political association or party hold¬ 
ing a primary election who votes at such primary election shall be 
deemed guilty of a misdemeanor and shall be subject, on conviction, 
to punishment by a fine of not less than fifty dollars, nor more than 
two hundred dollars, or by imprisonment in the county jail not less 
than six months, or by both such fine and imprisonment in the dis¬ 
cretion of the court; and in any prosecution for the violation of the 
provisions of this act, wherein the fact as to the political party or asso¬ 
ciation to which the defendant belongs is material, such membership 
may be shown by evidence of general reputation in the neighbor¬ 
hood where said defendant resided at the time of committing the al¬ 
leged offense as to the political party or association to which he be¬ 
longed. 

2819. Committee to divide district—number of voters in.] § 7. 

The committee or body electing to hold a primary election under this 
act, shall divide the district, ward, township, city, town or village into 
primary election districts. Such primary election districts shall be 
formed of contiguous election precincts in as nearly compact form and 
as nearly equal as circumstances will permit; and no such primary elec¬ 
tion district shall be formed which shall contain more than 800 voters of 
the political association or party holding the primary election, the num¬ 
ber of such voters to be determined by the vote cast at the last pre¬ 
ceding presidential election. At any primary election held under 
this act, the voters of each of such primary election districts entitled 
to vote at such election shall choose their own representatives or dele¬ 
gates. 

2820. Judges may hear objections—oath—registered voter- 
challenge — penalty.] § 8. It shall be the duty of the judges 
of said election to entertain objections made by any qualified elector, 
within his own primary election district, to any vote which may be 
offered, on the ground that the person offering it is not a citizen of the 
United States, or a legal resident and voter under the general elec¬ 
tion laws of the State, of the election precinct, ward, township, district, 
city, town or village for which the election is held; or that he is not 
a member of the association or party holding such election, or in case 
such person offering to vote should be registered by the terms of this 
act, that he is not a registered voter or that he has received or been 
promised, directly or indirectly, any money, fee or reward for his 
vote for any candidate, or that he has voted before at that place or 
some other place on that day, or at the same election; and it shall be 
the duty of one of the judges of the election, if such objection be not 


704 


STATUTORY PROVISIONS. 


withdrawn, to administer to the person so offering to vote, an oath 
or affirmation to the general effect that he will truly testify to all mat¬ 
ters relating to his qualifications under the general election laws of 
the State, to his residence, citizenship, the political party or associa¬ 
tion to which he belongs, receiving or being promised, directly or in¬ 
directly, any money, fee or reward for his vote from any candidate or 
any other person, or whether he had voted at that or any other place on 
that day at such election, either in his own name or that of another, or 
under an assumed name. It shall then be the duty of the judges to inter¬ 
rogate the persons so objected to as to all matters in particular upon 
which said objection was made, and, generally, as to all of his qualifica¬ 
tions as an elector at such election. If the person so objected to shall 
refuse to answer any questions asked, after said oath or affirmation 
shall have been administered, or shall refuse to take such oath, it shall 
be the duty of the judges to reject sucn vote, and they shall also reject 
such vote unless such person shall file with them a written or printed, 
or partly written or printed, statement by him, signed under oath, that 
he is a qualified voter of the election district in which such election 
is held, and entitled to vote at such election; and unless such state¬ 
ment shall be accompanied by a similar statement of some person 
known to at least one of the judges to be a qualified voter in that dis¬ 
trict, to the effect that he knows the person so challenged, and that his 
statement is true, which said last statement must also be subscribed by 
the party making it. Such statement must, in all cases, expressly state 
that the person making it is a member of the political association or par¬ 
ty holding the election. If such statement shall be filed and such oath 
be taken, and such questions answered in such a manner as to show 
that the applicant is qualified to vote at such election, it shall be the 
duty of the judges of the election to receive such vote, and the word 
“sworn” shall be noted opposite the person’s name on the poll lists, 
to be kept as hereinafter provided. Any violations of the provisions 
of this section by the judges of the election, or either of them, shall 
be deemed a misdemeanor, and, upon conviction, shall subject the 
party so offending to punishment by a fine of not less than one hun¬ 
dred dollars, nor more than three hundred dollars, or by imprisonment 
in the county jail for not less than two nor more than six months, 
or by both such fine and imprisonment, in the discretion of the court; 
and any person who shall, upon taking such oath or affirmation, and 
under the examination herein authorized, or in the written statements 
herein required, willfully make a false statement as to a matter perti¬ 
nent and material in such examination, shall be deemed guilty of a 
perjury, and, upon conviction thereof, be punished as prescribed by 
law for such offense. 

2821. Fraudulent voting—bribery—corrupt practices, etc.— 
penalty for violating act.] § 9. Whoever fraudulently votes 
more than once at any primary election, or offers to vote after having 
voted once at such election, or, knowing that he is not a qualified voter 
at such election, willfully votes or offers to vote at such election; or 


I 


ELECTIONS. 705 

Second—Willfully aids or abets any one not qualified to vote at such 
primary election in voting or attempting to vote at such election; or 

Third—By offering a reward or bribe, or by treating or giving to 
him any spirituous, malt or other liquors, either directly or indirectly, 
influences or attempts to influence any voter in giving or withholding 
his vote at such election; or 

Fourth—Furnishes a voter with a ticket or ballot informing him that 
it contains a name or names different from those which appear thereon, 
with intent to induce him to vote contrary to his intentions; or 

Fifth—Fraudulently or deceitfully changes a ballot of a voter, with 
intent to prevent such voter from voting for such person as he in¬ 
tended; or 

Sixth—Endeavors to prevent the voting of any voter, or the exer¬ 
cise of lawful influence by any person over a voter at such election for 
himself or for or against any person, by means of violence or threats 
of violence, or threats of withdrawing custom or dealing in business 
or trade, or enforcing the payment of a debt, or bringing a suit or 
criminal prosecution, or any other threat of injury to be inflicted by 
him or by such means; or 

Seventh—By bribery or corrupt or unlawful means, prevents or 
attempts to prevent any voter from attending or voting at such elec¬ 
tion; or 

Eighth—Gives or offers to give any valuable thing or bribe to any 
judge or clerk of such election, as a consideration for some act to be 
done or omitted to be done contrary to his duty in relation to such 
election, or shall interfere with or disturb in any manner any election 
held under the provisions of this act, shall be deemed guilty of a mis¬ 
demeanor, and, on conviction thereof, shall be punished by a fine not 
exceeding five hundred dollars, or by imprisonment in the county jail 
not less than two nor more than six months, or both such fine and 
imprisonment, in the discretion of the court. 

2822. Qualifications of voters.] § io. The judges of such 
primary election or elections shall not require any other or further 
qualifications of voters at such primary election than those provided 
in this act, and they shall permit a challenger for each adverse interest 
or party in the result of such primary election to be, and remain within 
each polling place, where such primary election is being held, and give 
ample time and opportunity to any challenger or any other person 
to challenge each vote as the same is presented; said challengers shall 
be residents of the primary districts for which they are chosen. The 
poll list shall contain the name of each voter with his residence in the 
order which the votes were cast, and the judges and clerks shall see 
to it that the ballot cast by each voter shall receive the same number 
that is entered opposite the name of such voter on such poll list in the 
order of and as the votes are cast. 

2823. Form of poll and tally lists.] § ii. The following is 
substantially the form of the poll lists and tally lists to be kept by the 
judges of election: 

45 


706 


STATUTORY PROVISIONS. 


POLL LIST. 


Of the primary election held in the .primary election dis¬ 
trict of the.ward of. in the county of.. 

on the.day of.in the year.A BCD and 

E F, judges, and A B and C D, clerks of said.election, were 

respectively sworn (or affirmed) as the law directs previous to their entering 
on the duties of their respective offices. 


is 


Number and name of electors voting: 
No. Name and residence. 

No. 

Name and residence. 

1. A B. 1 

3 . 

E F. 


2. CD. | 

4 - 

G H. 

this election 

We hereby certify that the number 

of electors voting at 

A *B , 

C D. 

Clerks. 

% 

Judges 

A B, 

C D, 

E F. 

of Election. 

TALLY LIST. 




Names of persons voted for, and for what position, and number of votes 
given for each candidate. 

We hereby certify that A B had .votes for., and C D had 

.votes for.; that E F had.votes for.. etc. 

A B, A B, 

CD. CD, 

Clerks. E F. 

Judges of Election. 

2824. Oaths.] § 12 . Any one of the judges may administerand 
certify oaths required to be administered during the progress of an 
election held under this act. 

2825. How ballots printed.! § 13 . When the primary elec¬ 
tion is held for the election of delegates, the ballots shall be written 
or printed, or partly written and partly printed, and when printed or 
partly printed and partly written they shall be upon plain white paper 
without distinguishing marks, the paper to be common print paper, 
and the ballots to be 3 J by 6 inches in size. 

2826. Ballot box—how kept.] § 14 . Before receiving any 
ballots the board must, in the presence of the persons assembled at 
the polling place, open and exhibit, and then close the ballot box; 
and thereafter it must not be removed from the polling place, nor the 
view of the bystanders until all the ballots are counted, nor must it be 
opened until after the polls are finally closed. 

2827. Proclamation.] § 15 . Before the judges receive any bal¬ 
lots, they must cause it to be proclaimed aloud, at the place of elec¬ 
tion, that the polls are open. 

2828. Closing the polls.] § 16 . Fifteen minutes before the 
time when the polls are to be closed the fact must be proclaimed aloud 
at the place of election, and after the polls are closed no ballots must 
be received. 

2829. Canvass—how made.] § 17 . As soon as the polls are 
finally closed the judges and clerks must immediately proceed to can- 

















ELECTIONS. 


707 


vass the votes given at such election. The canvass must be public, in 
the presence of the bystanders, and must be continued without ad¬ 
journment until completed, and the result thereof is declared, and must 
also be conducted at the polling place where the election is held, where, 
also, the result as to each candidate voted for must be, immediately on 
the completion of such canvass, publicly proclaimed by each one of the 
judges successively, in a loud voice, and such proclamation shall be 
prima facie evidence of the result. 

2830. Judges conducting the canvass.] § 18. In conducting 
the canvass, the judges shall first count the whole number of ballots 
in the box, and if the number of such ballots shall be found to exceed 
the number of names entered on the polling lists they shall reject the 
ballots, if any be found upon which no number is marked, or so many 
thereof, without opening the same or examining or looking at the 
names thereon, as may be necessary to make the number of ballots 
correspond to the number of names entered on the polling list, but 
if the number of ballots, after rejecting all the unnumbered ballots 
still exceeds the number of names entered on the polling lists, they 
shall be replaced in the box, and one of the judges shall publicly draw 
out and destroy so many ballots, unopened, and without examining 
them, as shall be equal to such excess. 

2831. Lists—how made.] § 19. The number of ballots agree¬ 
ing, or being thus made to agree, with the number of names on the 
list, the lists must be signed by the judges and clerks of election, and 
the number of names thereon must be set down in words and figures at 
the foot of each list, and over the signatures cf the judges, substantially 
in the form prescribed in section eleven. 

2832. After lists signed judges to count the votes.] § 20. 
After the lists are thus signed, the judges must proceed to count and 
ascertain the number of votes cast for each person voted for. The 
ballots must be taken out and opened by one of the judges, and by 
him distinctly read aloud and inspected by the other two judges. 

2833. Tallies—how made.] § 21. The clerks must write down 
each office or position to be filled, and the name of each person voted 
for to fill such office, and keep the number of votes for each person 
for each office by tallies as they are read aloud. 

2834. Lists to be signed by judges.] § 22. As soon as all 
the votes are counted, there must be attached to the tally lists, lists 
containing the names of the persons voted for and for what office, and 
the number of votes given for each candidate, the number being writ¬ 
ten at full length, and such lists must be signed by the judges and 
clerks substantially in the form given in section eleven. 

2835. To destroy the ballots—statements and lists to be 
filed with county clerk.] § 23. After counting the votes, pro¬ 
claiming the result and signing the lists, as above provided, and cause 
the statements provided for in section eight, and one copy of the lists, 
to be delivered to the secretary signing the notice of election, and one 
of the judges must retain the other lists together with the ballots for 


708 


STATUTORY PROVISIONS. 


twenty days after the election, and such statements and lists returned 
to the said secretary shall be by him, after the expiration of twenty 
days, delivered to the county clerk of the county in which such elec¬ 
tion was held, and by that officer kept with the other books and papers 
of his office, open like other public records to public inspection, for 
the space of three months, at the end of which time, if no legal pro¬ 
ceedings have been instituted in which such lists or statements may 
be useful as evidence, said county clerk may then destroy the same. 

2836 . Certificates to be issued.] § 24. The primary election 
judges or a majority of them must issue certificates of election to all 
persons who are chosen to fill any position by the vote of their primary 
election district. 

2837 . Penalty for violating this act.] § 25. If any person 
shall be guilty of any violation of this act, for which no punishment 
is herein especially provided for, he shall be deemed guilty of a mis¬ 
demeanor, and upon conviction thereof, shall be fined not less than 
fifty dollars, nor more than two hundred dollars, or imprisoned in the 
county jail not less than one month nor more than six months, or 
punished by both such fine and imprisonment, in the discretion of the 
court. 

2838 . Repeal.] § 26. An act to regulate primary elections of 
voluntary political associations and to punish frauds therein, approved 
June 22, 1885, is hereby repealed. 


An Act to prevent and punish illegal voting at primary elections. [Approved 

June 29, 1885. In force July i, 1885.] 

2839 . Who may vote at.] § I. Be it enacted by the People 
•of the State of Illinois, represented in the General Assembly, That it 
shall be unlawful for any person to vote at any primary election, or 
at any election called to select delegates to any convention, called 
either for the purpose of nominating a candidate or candidates for any 
elective office, or for the purpose of selecting other delegates to such 
convention, unless such person so voting or offering to vote would 
be a qualified elector in the district embraced within the call for said 
primary election, if the same was a general or special election, held 
under and in conformity with the general election laws of this State. 

2840 . Violating act—penalty.] § 2. Any person violating the 
provisions of this act, shall, on conviction thereof, be fined in any sum 
not less than one hundred, nor more than five hundred dollars, or im¬ 
prisoned in the county jail not less than three nor more than six 
months, or both in the discretion of the court. 




EMINENT DOMAIN. 


709 


EMINENT DOMAIN. 


An Act to provide for the exercise of the right of eminent domain. [Approved 

April io, 1872. In force July 1, 1872.J 

2841. Compensation—jury.] § i. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
private property shall not be taken or damaged for public use with¬ 
out just compensation, and that in all cases in which compensation 
is not made by the state in its corporate capacity, such compensa¬ 
tion shall be ascertained by a jury, as hereinafter prescribed. 

2842. Proceedings — parties.] § 2. That in all cases where 
the right to take private property for public use, without the owner’s 
consent, or the right to construct or maintain any public road, rail¬ 
road, plankroad, turnpike road, canal or other public work or im¬ 
provement, or which may damage property not actually taken, has 
been heretofore or shall hereafter be conferred by general law or 
special charter upon any corporate or municipal authority, public 
body, officer or agent, person, commissioner or corporation, and the 
compensation to be paid for or in respect of the property sought to 
be appropriated or damaged for the purposes above mentioned can¬ 
not be agreed upon by the parties interested, or in case the owner 
of the property is incapable of consenting, or his name or residence is 
unknown, or he is a non-resident of the state, it shall be lawful for 
the party authorized to take or damage the property so required, or to 
construct, operate and maintain any public road, railroad, plankroad, 
turnpike road, canal or other public work or improvement, to apply 
to the judge of the circuit or county court, either in vacation or term 
time, where the said property or any part thereof is situate, by filing 
with the clerk a petition, setting forth, by reference, his or their au¬ 
thority in the premises, the purpose for which said property is sought 
to be taken or damaged, a description of the property, the names of 
all persons interested therein as owners or otherwise, as appearing 
of record, if known, or if not known stating that fact, and praying 
such judge to cause the compensation to be paid to the owner to be 
assessed. If the proceedings seek to affect the property of persons 
under guardianship, the guardians, or conservators of persons hav¬ 
ing conservators, shall be made parties defendant, and if of married 
women their husbands shall also be made parties. Persons interested, 
whose names are unknown, may be made parties defendant by the 
description of the unknown owners; but in all such cases an affidavit 
shall be filed by or on behalf of the petitioner, setting forth that the 
names of such persons are unknown. In cases where the property is 
sought to be taken or damaged by the state for the purpose of 
establishing, operating or maintaining any state house or state chari¬ 
table or other state institutions or improvements, the petition shall be 
signed by the governor or such other person as he shall direct, or as 
shall be provided by law. 


710 


STATUTORY PROVISIONS. 


2843. Petition in vacation.] § 3- If such petition be pre¬ 
sented to a judge in vacation, the judge shall note thereon the day of 
presentation, and shall also note thereon the day when he will hear the 
same, and shall order the issuance of summons to each resident de¬ 
fendant, and the publication of notice as to each non-resident defend¬ 
ant, and the clerk of the court shall at once issue the summons and 
give the notices accordingly. 

2844. Service —notice.] § 4 . Service of such summons and 
publication of such notice shall be made as in cases in chancery. 

2845. Hearing.] § 5 . Causes maybe heard by such judges in va¬ 
cation as well as in term time, but no cause shall be heard earlier than 
ten days after service upon defendant or upon due publication against 
non-residents. 

Several tracts.] Any number of separate parcels of prop¬ 
erty, situate in the same county, may be included in one petition,and the 
compensation for each shall be assessed separately, by the same or 
different juries, as the court or judge may direct. 

Amendments.] Amendments to the petition, or to any paper 
or record in the cause, may be permitted whenever necessary to a fair 
trial and final determination of the questions involved. 

New parties—practice.] Should it become necessary at any 
stage of the proceedings to bring a new party before the court or 
judge, the court or judge snail have the power to make such rule 
or order in relation thereto as may be deemed reasonable and proper; 
and shall also have power to make all necessary rules and orders for 
notice to parties of the pendency of the proceeding, and to issue all 
process necessary to the execution of orders and judgments as may 
be entered. 

2846. Jury in vacation.] § 6 . In cases fixed for hearing of 
petition in vacation, it shall be the duty of the clerk of the court in 
whose office the petition is filed, at the time of issuing summons or 
making publication, to write the names of each of sixty-four disinter¬ 
ested freeholders of the county, on sixty-four slips of paper, and, in 
presence of two disinterested freeholders, cause to be selected from 
said sixty-four names twelve of said persons to serve as jurors—such 
selection to be made by lot and without choice or discrimination; and 
the said clerk shall thereupon issue venire , directed to the sheriff of 
his county, commanding him to summon the twelve persons so se¬ 
lected as jurors to appear at the court house'in said county at the time 
to be named in the venire. 

2847. Impaneling jury.] § 7 . The petitioner, and every party 
interested in the ascertaining of compensation, shall have the same 
right of challenge of jurors as in other civil cases in the circuit courts. 
If the panel be not full by reason of non-attendance, or be exhausted 
by challenges, the judge hearing such petition shall designate by name 
the necessary number of persons, of proper qualification, and the 
clerk or justice shall issue another venire , returnable instanter, and 
until the jury be full. 


EMINENT DOMAIN. 


711 


2848. Oath of jury.] § 8 . When the jury shall have been so 
selected, the court shall cause the following oath to be administered to 
said jury: 

You and each of you do solemnly swear that you will well and truly 
ascertain and report just compensation to the owner (and each owner) of the 
property which it is sought to take or damage in this case, and to each person 
therein interested, according to the facts in the case, as the same may be made 
to appear by the evidence, and that you will truly report such compensation 
so ascertained: so help you God. 

2849. View of premises—verdict.] § 9 . Said jury shall, at 
the request of either party, go upon the land sought to be taken or 
damaged, in person, and examine the same, and after hearing the 
proof offered make their report in writing, and the same shall be sub¬ 
ject to amendment by the jury, under the direction of the court or the 
judge, as the case may be, so as to clearly set forth and show the 
compensation ascertained to each person thereto entitled, and the 
said verdict shall thereupon be recorded: Provided, that no benefits 
or advantages which may accrue to lands or property affected shall be 
set off against or deducted from such compensation, in any case. 

2850. Judgment—payment.] § 10 . The judge or court shall, 
upon such report, proceed to adjudge and make such order as to right 
and justice shall pertain, ordering that petitioner enter upon such 
property and the use of the same, upon payment of full compensation, 
as ascertained as aforesaid; and such order, with evidence of such pay¬ 
ment, shall constitute complete justification of the taking of such prop¬ 
erty. 

2851. Cross petition.] § 11 . Any person not made a party may 
become such by filing his cross petition, setting forth that he is the 
owner or has an interest in property, and which will be taken or dam¬ 
aged by the proposed work; and the rights of such last named pe¬ 
titioner shall thereupon be fully considered and determined. 

2852. Appeal.] § 12 . In all cases, in either the circuit or county 
court, or before a circuit or county judge, an appeal shall lie to the 
supreme court. 

2853. Bond — use of premises.] § 13 . In cases in which 
compensation shall be ascertained as aforesaid, if the party in whose 
favor the same is ascertained shall appeal such proceeding, the pe¬ 
titioner shall, notwithstanding, have the right to enter upon the use of 
the property upon entering into bond, with sufficient surety, payable 
to the party interested in such compensation, conditioned for the pay¬ 
ment of such compensation as may be finally adjudged in the case, and 
in case of appeal by petitioner, petitioner shall enter into like bond with 
approved surety. Said bonds shall be approved by the judge before 
whom such proceeding shall be had, and executed and filed within 
such time as shall be fixed by said judge. 

2854. Payment to county treasurer, etc.] § 14 . Payment 
of compensation adjudged may, in all cases, be made to the county 
treasurer, who shall, on demand, pay the same to the party thereto en- 


712 


STATUTORY PROVISIONS. 


titled, taking receipt therefor, or payment may be made to the party 
entitled, his, her or their conservator or guardian. 

2855. Judgment entered.] § 15 . The'court or judge shall 
cause the verdict of the jury and the judgment of the court to be en¬ 
tered upon the records of said court. 

2856. Repeal.] § 16 . All laws and parts of laws in conflict with 
the provisions of this Vet are hereby repealed: Provided, that this act 
shall not be construed to repeal any law or part of law upon the same 
subject passed by this General Assembly; but in all such cases this act 
shall be construed as providing a cumulative remedy. 


An Act for the further protection of the state institutions. [Approved and 

in force March 9, 1867.J 

2857. Lands of state institutions not taken.] § i. Be it 

enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That no part of any land heretofore or hereafter con¬ 
veyed to the state of Illinois, for the use of any benevolent institutions 
of the state (or to any such institutions), shall be entered upon, appro¬ 
priated or used by any railroad or other company for railroad or other 
purposes, without the previous consent of the General Assembly; and 
no court or other tribunal shall have or entertain jurisdiction of any pro¬ 
ceeding instituted or to be instituted for the purpose of appropriating 
any such land for any of the purposes aforesaid, without such previous 
consent. 


I 


EMPLOYMENT. 


LEGAL DAY’S WORK. 

An Act making eight hours a legal day’s work. [Approved and in force 

March 5, 1867.] 

2858. Eight hours a legal day’s work, except, etc.] § i. Be it 
enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, On and after the first day of May, 1867 , eight hours of 
labor between the rising and the setting of the sun, in all mechanical 
trades, arts and employments, and other cases of labor and service by 
the day, except in farm employments, shall constitute and be a legal 
day’s work, where there is no special contract or agreement to the 
contrary. 

2859. When act does not apply.] § 2 . This act shall not 
apply to or in any way affect labor or service by the year, month or 
week; nor shall any person be prevented by anything herein contained 
from working as many hours over time or extra hours as he or she 
may agree, and shall not, in any sense, be held to apply to farm labor. 




EMPLOYMENT. 


713 


WOMAN. 

An Act to secure to all persons freedom in the selection of an occupation, 
profession or employment. [Approved March 22, 1872. In force July 
1. 1872.] 

2860. Sex no bar to any occupation, profession, etc.] § 1 . 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That no person shall be precluded or debarred 
from any occupation, profession or employment (except military) on 
account of sex: Provided, that this act shall not be construed to affect 
the eligibility of any person to an elective office. 

2861. Females not to work on streets, etc.] § 2 . Noth¬ 
ing in this act shall be construed as requiring any female to work on 
streets or roads, or serve on juries. 

2862. Repeal.] § 3 . All laws inconsistent with this act are here¬ 
by repealed. 

CHILD LABOR. 

An Act to prevent child labor. [Approved June 17, 1891. In force 

July 1, 1891.] 

2863. Unlawful under thirteen years of age.] § 1 . Be it 
enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That it shall be unlawful for any person, firm or corpo¬ 
ration to employ or hire any child under thirteen years of age except 
as hereinafter provided. 

2864. When board of education, etc., may authorize em¬ 
ployment.] § 2 . In case it shall be made to appear to the board 
of education or of school directors that the labor or services of any 
child constitutes and is the means of support of any aged or infirm 
relative, and that such relative is in whole, or in part, dependent upon 
such child, then the board of education or school directors shall issue 
to such child a certificate authorizing the employment of such child; 
such certificate shall state the name, residence and age of such child, 
and a record thereof shall be kept by the board of education or school 
directors in a book kept for that purpose. 

2865. When certificate may be granted.] § 3 . No such 
certificate shall be granted to any child unless it shall be shown to the 
board of education or school directors, in which such child resides, 
that such child has attended some public or private day school for at 
least eight ( 8 ) weeks in the current school year. 

2866. Not to be employed without certificate.] § 4 . No 
person, firm or corporation shall employ any child under the age of 
thirteen years, in any store, shop, factory or manufacturing establish¬ 
ment, by the day or any period of time greater than one day, unless 
such certificate be furnished, nor shall he permit any such child to 
work in his employ without such certificate. He or they shall be 
authorized to retain the certificate of any such child employed by 
him, which shall be evidence admissible in any court. 

2867. Penalty.] § 5 . Any person, firm or corporation who vio- 


714 


STATUTORY PROVISIONS. 


lates the provisions of this act and any father, guardian or person hav¬ 
ing control of any child under the age of thirteen ( 13 ) years, who will¬ 
ingly permits or consents to the employment of such child without 
such certificate as is prescribed by section three of this act, shall, for 
every offense, be fined in a sum not less than ten nor more than fifty 
dollars, for the use of public schools of the city or district in which 
such child resides. And every day of the employment of any such 
child shall be deemed a separate offense. 

FACTORIES AND WORKSHOPS. 

An Act to regulate the manufacture of clothing, wearing apparel and 
other articles in this State, and to provide for the appointment of 
State inspectors to enforce the same and to make an appropriation there¬ 
for. [Approved June 17, 1893. In force July 1, 1893.] 

2868. Forbids certain occupations in certain places.] § 1 . 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That no room or rooms, apartment or apartments 
in any tenement or dwelling house used for eating or sleeping pur¬ 
poses, shall be used for the manufacture, in whole or in part, of coats, 
vests, trousers, knee pants, overalls, cloaks, shirts, ladies’ waists, 
purses, feathers, artificial flowers or cigars, except by the immediate 
members of the family living therein. Every such workshop shall be 
kept in a cleanly state, and shall be subject to the provisions of this 
act; and each of said articles made, altered, repaired or finished in any 
of such workshops shall be subject to inspection and examination, as 
hereinafter provided, for the purpose of ascertaining whether said 
articles, or any of them, or any part thereof, are in a cleanly condition 
and free from vermin and any matter of an infectious and contagious 
nature; and every person so occupying or having control of any work¬ 
shop as aforesaid, shall within fourteen days from the taking effect 
of this act, or from the time of beginning of work in any workshop 
as aforesaid, notify the board of health of the location ©f such work¬ 
shop, the nature of the work there carried on, and the number of per¬ 
sons therein employed. 

2869. Presence of infectious or contagious disease in.] § 2 . 
If the board of health of any city or said State Inspector finds evidence 
of infectious or contagious diseases present in any workshop, or in 
goods manufactured, or in process of manufacture therein, and if said 
board or inspector shall find said shop in an unhealthy condition, or 
the clothing and materials used therein to be unfit for use, said board 
or inspector shall issue such order or orders as the public health may 
require, and the board of health are hereby enjoined to condemn and 
destroy all such infectious and contagious articles. 

2870. Inspector to report.] § 3 . Whenever it shall be re¬ 
ported to said inspector or to the board of health, or either of them, 
that coats, vests, trousers, knee pants, overalls, cloaks, shirts, ladies’ 
waists, purses, feathers, artificial flowers or cigars are being trans- 


EMPLOYMENT. 


715 


ported to this State, having been previously manufactured in whole 
or part under unhealthy conditions, said inspector shall examine said 
goods and the condition of their manufacture, and if upon such exam¬ 
ination said goods, or any of them, are found to contain vermin, or 
to have been in improper places or under unhealthy conditions, he 
shall make report thereof to the board of health, or inspector, which 
board or inspector shall thereupon make such order or orders as the 
public health shall require, and the board of health are hereby empow¬ 
ered to condemn and destroy all such articles. 

2871. Child under fourteen not to be employed—register to 
be kept.] § 4 . No child under fourteen years of age shall be em¬ 
ployed in any manufacturing establishment or factory or workshop 
within this State. It shall be the duty of every person, firm or corpo¬ 
ration or agent or manager of any corporation employing children to 
keep a register in which shall be recorded the name, birthplace, age 
and place of residence of every person employed by him, them or it, 
under the age of sixteen years; and it shall be unlawful for any person, 
firm or corporation, or any agent or manager of any corporation, to 
hire or employ in any manufacturing establishment, factory or work¬ 
shop any child over the age of fourteen years and under the age of six¬ 
teen years, unless there is first provided and placed on file an affidavit 
made by the parent or guardian, stating the age, date and place of 
birth of said child; if said child have no parent or guardian, then such 
affidavit shall be made by the child, which affidavit shall be kept on file 
by the employer, and which said register and affidavit shall be pro¬ 
duced for inspection on demand by the inspector, assistant inspector 
or any of the deputies appointed under this act. The factory in¬ 
spector, assistant inspector and deputy inspectors shall have power to 
demand a certificate of physical fitness from some regular physician 
of good standing in case of children who may appear to him or her 
physically unable to perform the labor at which they may be engaged, 
and shall have power to prohibit the employment of any minor that 
can not obtain such a certificate. 

2872. Employment of female only eight hours per day.] 

§ 5 . No female shall be employed in any factory or workshop more 
than eight hours in any one day or forty-eight hours in any one 
week. 

2873. Written notice stating hours of labor to be posted.] § 6. 

Every person, firm or corporation, agent or manager of a corporation 
employing any female in any manufacturing establishment, factory or 
workshop, shall post and keep posted, in a conspicuous place in every 
room where such help is employed, a printed notice stating the hours 
for each day of the week between which work is required of such per¬ 
sons, and in every room where children under sixteen years of age 
are employed a list of their names, ages and place of residence. 

2874 'Meaning of words “ factory,” “ workshop,” etc., de¬ 
clared.] 4 } 7 - The words “manufacturing establishment,” “fac¬ 

tory” or “workshop,” wherever used in this act, shall be construed to 


716 


STATUTORY PROVISIONS. 


mean any place where goods or products are manufactured or repaired, 
cleaned, or sorted, in whole, or in part, for sale, or for wages. When¬ 
ever any house, room, or place is used for the purpose of carrying on 
any process of making, altering, repairing or finishing for sale, or for 
wages any coats, vests, trousers, knee pants, overalls, cloaks, shirts, 
ladies’ waists, purses, feathers, artificial flowers or cigars, or any wear¬ 
ing apparel of any kind whatsoever, intended for sale, it shall within 
the meaning of this act be deemed a workshop for the purposes of in¬ 
spection. And it shall be the duty of every person, firm or corpora¬ 
tion to keep a complete list of all such workshops in his, their or its 
employ, and such list shall be produced for inspection on demand by 
the board of health or any of the officers thereof, or by the State in¬ 
spector, assistant inspector, or any of the deputies appointed under this 
act. 

2875. Penalty for violation of law.] § 8 . Any person, firm or cor¬ 
poration who fails to comply with any provision of this act shall be 
deemed guilty of a misdemeanor and on conviction thereof shall be 
fined not less than three dollars, nor more than one hundred dollars 
for each offense. 

2876. Inspector appointed.] § 9 . The Governor shall, upon 
the taking effect of this act, appoint a factory inspector, at a salary 
of fifteen hundred dollars per annum, an assistant factory inspector, 
at a salary of one thousand dollars per annum, and ten deputy factory 
inspectors, of whom five shall be women, at a salary of seven hundred 
and fifty dollars per annum each. The term of office of the factory 
inspector shall be four years, and the assistant factory inspector and 
the deputy factory inspectors shall hold office during good be¬ 
havior. Said inspector, assistant inspector and deputy inspectors shall 
be empowered to visit and inspect at all reasonable hours, and as often 
as practicable, the workshops, factories and manufacturing establish¬ 
ments in this State where the manufacture of goods is carried on. 
And the inspectors shall report in writing to the Governor, on the 
fifteenth day of December, annually, the result of their inspections and 
investigation, together with such other information and recommenda¬ 
tions as they may deem proper. And said inspectors shall make a 
special investigation into alleged abuses in any of such workshops 
whenever the Governor shall so direct, and report the result of the 
same to the Governor. It shall also be the duty of said inspector 
to enforce the provisions of this act, and to prosecute all violations of 
the same before any magistrate or any court of competent jurisdiction 
in the State. 

2877. Appropriates for salaries and expenses.] § 10 . That 

the following named sums, or so much thereof as may be necessary, 
respectively for the purposes hereinafter named, be and" are hereby ap¬ 
propriated : 

First—Twenty thousand dollars for the salaries of inspector, assist¬ 
ant inspector and the ten deputy factory inspectors, as hereinbefore 
provided. 


EMPLOYMENT. 


717 


Second—The sum of eight thousand dollars to defray traveling ex¬ 
penses and other necessary expenses incurred by said inspector, as¬ 
sistant factory inspector or deputy inspectors while engaged in the 
performance of their duties, not to exceed four thousand dollars in any 
one year. 

2878. When and how to be drawn.] § 11 . The Auditor of Pub¬ 
lic Accounts is hereby authorized and directed to draw warrants on the 
State Treasurer for the sums herein specified, upon the presentation 
of proper vouchers, and all sums herein appropriated shall be paid 
upon monthly pay rolls, duly certified by the inspector, and the State 
Treasurer shall pay the same out of the proper funds in the treasury 
not otherwise appropriated. Such warrants shall be drawn in favor 
and payable to the order of the person entitled thereto. 

LABOR ON STREETS. 

An Act providing for labor on the streets and alleys of all cities and villages 
in this State. [Approved May 31, 1879. ! n force July 1, 1879.] 

2879. Labor on streets, etc.] § 1 . Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That the city council in all cities and the president and board of 
trustees in all villages in this State, may have power, by ordinance, to 
require every able-bodied male inhabitant of any such city or village, 
above the age of twenty-one years, and under the age of fifty years 
(excepting paupers, idiots, lunatics, and such others as are exempt 
by law), to labor on the streets and alleys of any such city or village 
not more than two ( 2 ) days in each year; but such ordinance shall 
provide for commutation of such labor at seventy-five cents per day. 

2880. Fines and penalties.] § 2 . Any such city council or 
president and board of trustees or any such village shall have power, 
by ordinance, to provide such fines and penalties as may be necessary 
to enforce the provisions of this act. 

TO PROTECT THE LABOR OF NATIVE AND NATURALIZED AMERICAN 

CITIZENS. 

An Act to protect the labor of native and naturalized American citizens, and 
of those who have in good faith declared their intentions to become 
naturalized American citizens. [Approved June 1, 1889. In force 
July I, 1889.] 

2881. None but citizens, or those having declared their inten¬ 
tion, to be paid from public funds.] § 1 . Be it enacted by the People 

of the State of Illinois, represented in the General Assembly, That 
it shall be unlawful for any board or commission, or any officer or 
other person acting for the State, or for any county, township, city, 
village, district, or other municipality in the State, or any contractor, 
or sub-contractor, under any or either of said municipalities, to employ 
any person or persons other than native born or naturalized citizens, 




718 


STATUTORY PROVISIONS. 


or those who have in good faith declared their intentions to become 
citizens of tlie United States, when such employes are to be paid, in 
whole or in part, directly or indirectly, out of any funds raised by taxa¬ 
tion. 

2882. Person employing labor to be paid out of public funds to 
make list, etc.] § 2 . it shall be the duty of any person or per¬ 
sons employing labor or other services, to be paid for, in whole or in 
part, directly or indirectly, out of any funds raised by taxation, to file 
with the treasurer or disbursing officer of such funds a certificate 
showing to the best of his knowledge and belief that the persons so 
employed, and on whose account payment is to be made out of such 
public funds, are citizens of the United States, or have in good faith 
declared their intentions to become such citizens, or are of such age 
or sex that they cannot declare their intention to become citizens, or 
can not be formally declared to be citizens by an order of a court of 
record. 

2883. Penalty for violating this act.] § 3 . Any treasurer 
or disbursing officer, who shall knowingly or willfully pay out any 
of the funds in his hands, raised by taxation, to any person not a native 
born or naturalized citizen, or who has not in good faith declared 
his intentions to become a citizen, for labor or any other services, shall 
be liable to the municipality to which such funds belonged for the 
amount so paid, to be recovered in any court of competent jurisdic¬ 
tion: Provided, that when such payment is made on the requisite 
certificate of the employer, no liability shall attach to such treasurer 
or disbursing officer. 

2884. Making false certificate — penalty.] § 4 . Any em¬ 
ployer, contractor, or sub-contractor, or other person, whose employes 
are to be paid, in whole or in part, directly or indirectly, from funds 
raised by taxation, who shall knowingly or negligently make false 
certificate that said employes are native or naturalized citizens, or have 
declared their intentions to become citizens, for the purpose of drawing 
such funds or any part thereof, shall be personally liable to the munici¬ 
pality to which such funds belonged for the amount so drawn, and 
any alien who earns wages, the pay for which is to come out of any 
such public funds by falsely representing that he is a native or nat¬ 
uralized citizen, or has declared his intention to become a citizen, 
shall forfeit the amount so earned. Such contract is declared null 
and void. 

2885. Employer to investigate and discharge aliens.] § 5 . 

Whenever any employer, contractor, or sub-contractor, by written or 
oral information, or from any source has reason to believe that he has 
in his employ persons other than native or naturalized citizens, or 
those who have in good faith declared their intentions to become 
citizens, whose pay is to be drawn in whole or in part, directly or in¬ 
directly^ from such public funds, he shall at once investigate the mat¬ 
ter, and if he shall find said information to have been correct, he shall 
discharge such employe or employes, and a failure to do so shall ren- 


FERRIES AND BRIDGES. 


719 


der him liable to the municipality to which such funds belonged for 
any of such funds paid to such alien for labor or services performed 
after such discovery. 

2886. Failure to take final papers.] § 6 . In all cases where 
an alien, after filing his declaration of intention to become a citizen 
of the United States, shall, for the space of three months after he could 
lawfully do so, fail to take out his final papers and complete his citi¬ 
zenship, such failure shall be prima facie evidence that his declaration 
of intentions was not made in good faith. 


FERRIES AND BRIDGES. 


An Act to enable cities and villages, incorporated under any general or special 
law of this state, to acquire by purchase, lease or gift, establish, maintain, 
license and regulate ferries, bridges, the approaches thereto and tolls 
thereon. [Approved May 22, 1877. In force July 1, 1877.] 

2887. License and regulate.] § 1 . Be it enacted by the Peo¬ 
ple of the state of Illinois, represented in the general assembly, That 
it shall be lawful for the corporate authorities of any city or village, 
now or hereafter incorporated under any special or general law of this 
state, to acquire by purchase, lease or gift, and maintain, license and 
regulate ferries and bridges, so acquired, and the approaches thereto, 
not exceeding four acres of land for each ferry or bridge, within the 
corporate limits or within five miles of the corporate limits thereof, and 
from time to time fix the tolls thereon. 


An Act to amend an act and the title thereto entitled “An act to enable 
cities and villages to build, acquire and maintain bridges and ferries 
outside of their corporate limits, and to control the same,” approved 
and in force May 5, 1879. [Approved June 16, 1891. In force July 1, 1891.] 

Section 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That an act entitled “An act tu 
enable cities and villages to build, acquire and maintain bridges and 
ferries outside of their corporate limits and to control the same,” ap¬ 
proved and in force May 5 , 1879 , be amended, with the title thereto, 
so as to hereafter read as follows: 

An act to enable cities and villages to build, acquire and maintain 
bridges and ferries outside their corporate limits and to control the 
same; also to construct, improve and maintain roads outside of thei: 
corporate limits. 

2888. Bridges—ferries — limits — toll.] § 1 . That it shall 
be lawful for any city or village within this State to build, or acquire 
by purchase, lease or gift, and to maintain ferries and bridges, and the 
approaches thereto, for each ferry or bridge within the corporate limits, 



720 


STATUTORY PROVISIONS. 


or at any point within five ( 5 ) miles of the corporate limits of such city 
or village; also to construct, improve and maintain roads within five 
( 5 ) miles of the corporate limits of such city or village, connecting 
with said bridges and ferries on either side thereof. That all such 
ferries, bridges and roads shall be free to the public and no toll shall 
ever be collected by any such city or village authority: Provided, that 
where any city or village has become or is the owner of any toll bridges 
or ferries and is keeping up and maintaining the same by authority 
of law, all ownership and rights vested in such city or village shall con¬ 
tinue in and be held and exercised by them, and they may from time 
to time fix the rates of toll on such bridges and ferries: And pro¬ 
vided, further, that in all cases where a bridge shall hereafter be built, 
or a ferry acquired across a navigable stream, by any city or village, 
in whole or in part, where the population of such city or village fur¬ 
nishing the principal part of the expenses thereof shall not exceed 
five thousand ( 5 , 000 ) inhabitants, and where it is necessary to main¬ 
tain a draw and lights, and a debt shall be incurred by such city or 
village for such purpose, then a reasonable toll may be collected by 
the city or village contracting such indebtedness, to be set apart and 
appropriated to the payment of such indebtedness, interest thereon 
and the expenses of keeping such bridge in repair and of maintaining, 
opening and closing the proper draws therefor, and lights; or, in case 
of a ferry, keeping the approaches and boat in repair and operating the 
same. 

2889. Control by city.] § 2 . Every bridge or ferry so owned 
or controlled by such city or village, and the approaches thereto, 
when outside the corporate limits, shall be subject to the municipal 
control and ordinances of such city or village, the same to all intents 
and purposes and in effect as though such bridge or ferry and the 
approaches thereto, were situated within the corporate limits of such 
city or village,, and in such case the county may assist in the construc¬ 
tion of said bridge, as is now provided by law. 


FAST DRIVING ON BRIDGES IN CITV. 

An Act to regulate the manner of travel upon bridges, the whole or a part 
of which are owned or controlled by cities, villages and towns of 
this State, and to provide for the enforcing of the same. [Approved 
and in force May 13, 1879.] 

2890. Penalty for fast driving, etc.] § 1 . Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, 
That, whoever shall ride or drive faster than a walk, over any bridge 
in this State, owned or controlled, either the whole or a part thereof, 
by any city, village or town of this State, shall, for each offense, be 
fined in a sum not exceeding ten dollars nor less than one dollar, 
Provided, that a notice shall be posted on such bridge, warning against 
riding, or driving, on such bridge faster than a walk, such fine to be 
recovered, with costs, before any justice of the peace or police mag- 


FIRE-ESCAPES. 


721 


istrate of the county where the offense is committed, upon sworn com¬ 
plaint in writing, upon which a warrant for the arrest of the offender 
shall issue, and it shall be the duty of every constable of the county, 
and every marshal, policeman and police constable, and all other 
officers of such city, village or town, owning or controlling the whole 
or in part such bridge, having the power to make arrests, whenever 
aforesaid offense is committed in the view of such officer or officers, to 
forthwith take in custody the person or persons so committing afore¬ 
said offense, and bring him or them before any justice of the peace or 
police magistrate of the county, to be dealt with according to law, 
and such officer so taking in custody such offender, or any officer of 
such city, village or town, owning or controlling the whole or a part 
of such bridge where such offense is committed, may make the com¬ 
plaint upon which warrant shall issue against the offender. All fines 
collected under this act shall be paid into the common school fund 
of the county. Whereas, the law is inadequate for the protection of 
bridges which are owned or controlled, the whole or a part thereof, by 
cities, villages and towns of this state, therefore an emergency exists, 
and this act shall take effect from and after its passage. 


FIRE-ESCAPES. 

An Act relating to fire-escapes for buildings. [Approved June 29, 1885. 

In force July 1, 1885.] 

2891. Fire-escapes to be put on certain buildings within 
six months—kind of.] § 1 . Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That within 
six (6) months next after the passage of this act, all buildings in this 
State which are four or more stories in height, excepting such as are 
used for private residences exclusively, but including flats and apart¬ 
ment buildings, shall be provided with one or more metallic ladder 
or stair fire-escapes attached to the outer walls thereof and extending 
from, or suitably near the ground, to the uppermost story thereof, and 
provided with platforms of such form and dimensions, and in such prox¬ 
imity to one or more windows of each story above the first, as to render 
access to such ladder or stairs from each such story easy and safe; the 
number, location, material and construction of such escapes to be sub¬ 
ject to the approval of the board of supervisors in counties under town¬ 
ship organization, and the board of county commissioners in counties 
not under township organization, except in villages, towns and cities or¬ 
ganized under any general or special law of this State, such approval 
shall be had by the corporate authorities of such villages, towns and 

46 



722 


STATUTORY PROVISIONS. 


cities: Provided, however, that all buildings, more than two stones 
in height, used for manufacturing purposes or for hotels, dormitories, 
schools, seminaries, hospitals or asylums, shall have at least one such 
fire-escape for every fifty ( 50 ) persons for which, working, sleeping 
or living accommodations are provided above the second stories of 
said buildings; and that all public halls, which provide seating room 
above the first or ground story shall be provided with such numbers 
of said ladder or stair fire-escapes as the boards of supervisors or com¬ 
missioners or corporate authorities aforesaid may direct. 

2892. On certain buildings hereafter erected.] § 2 . All 
buildings of the numbers of stories and used for the purposes set forth 
in section one ( 1 ) of this act, which shall be hereafter erected within 
this State, shall upon or before their completion, each be provided 
with fire-escapes of the kind and number, and in the manner set forth 
in said section one ( 1 ) of this act. 

2893. Owner may be compelled to erect—proceedings.] § 3 . 

After the expiration of six ( 6 ) months next after the passage of this act, 
the boards of supervisors and commissioners, and in villages, towns 
and cities, the corporate authorities thereof, as aforesaid may, at any 
time, direct the sheriff of their respective counties to serve a written 
notice in behalf of the people of the State of Illinois, upon the owner 
or owners, trustees, lessee, or occupant of any building within their 
county, not provided with fire-escapes in accordance with the require¬ 
ments of this act, commanding such owners, trustees, lessee or occu¬ 
pant, or either of them, to place or cause to be placed upon such build¬ 
ing such fire-escape or escapes within thirty ( 30 ) days after the service 
of such notice. And the grand juries of the several counties of this 
State may also during any term, visit or hear testimony relating to any 
building or buildings within their respective counties, for the purpose 
of ascertaining whether it or they are provided with fire-escapes in ac¬ 
cordance with the requirements of this act, and submit the result of 
their inquiry, together with any recommendations they may desire to 
make, to the circuit court, except in Cook county, and to the criminal 
court of Cook county, and said court may thereupon, if it find from the 
report of said grand jury that said building or buildings is or are not 
provided with a fire-escape or escapes in accordance with this act, 
cause the sheriff to serve a notice or notices upon the owner, trustees, 
lessee, or occupant of such building or buildings. 

2894. Owner failing to erect on notice—penalty.] § 4 . 
Any such owner or owners, trustees, lessee or occupant, or either of 
them, so served with notice as aforesaid, who shall not within thirty 
( 30 ) days after the service of such notice upon him or them, place or 
cause to be placed such fire-escape or escapes upon such building as 
required by this act and the terms of such notice, shall be subject to a 
fine of not less than twenty-five ( 25 ) or more than two hundred ( 200 ) 
dollars, and to a further fine of fifty ( 50 ) dollars for each additional 
week of neglect to comply with such notice. 

2895. Fines—how applied.] § 5 . All the money or moneys, 


HORSE AND DUMMY RAILROADS. 


723 


collected as fines under and by virtue of this act, shall be paid into or 
placed to the credit of the common school fund of the counties in 
which they are collected. 


HORSE AND DUMMY RAILROADS. 

An Act in regard to horse and dummy railroads. [Approved March 19, 1874. 

In force July 1, 1874.] 

2896. Eminent domain.] § 1 . Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That any 
company which has been, or shall be incorporated under the general 
laws of this state, for the purpose of constructing, maintaining or oper¬ 
ating any horse or dummy railroad or tramway, may enter upon and 
appropriate any property necessary for the construction, maintenance 
and operation of its road, and all necessary siding, side tracks and 
appurtenances, and may, subject to the provisions contained in this act, 
locate and construct its road upon or over any street, alley, road or 
highway, or across or over any waters in this state, in such manner 
as not to unnecessarily obstruct the public use of such street, alley, 
road or highway, or interrupt the navigation of such waters. 

2897. Compensation for property taken or damaged.] § 2 . 
When it is necessary for the construction, maintenance or operation of 
such road, or the necessary sidings, side tracks or appurtenances, to 
take or damage private property, the same may be done, and the com¬ 
pensation therefor may be ascertained and made in the manner which 
may be then provided by law for the exercise of the right of eminent 
domain. 

2898. Location of road — consent — notice — damages.] § 3 . 
No such company shall have the right to locate or construct its road 
upon or along any street or alley, or over any public ground in any 
incorporated city, town or village, without the consent of the corporate 
authorities of such city, town or village, nor upon or along any road 
or highway, or upon any public ground without any incorporated city, 
town or village, except upon the consent of the county board. Such 
consent may be granted for any period, not longer than twenty years, 
on the petition of the company, upon such terms and conditions, not 
inconsistent with the provisions of this act, as such corporate authori¬ 
ties or county board, as the case may be, shall deem for the best inter¬ 
ests of the public: Provided, no such consent shall be granted, unless 
at least ten days’ public notice of the time and place of presenting such 
petition shall have been first given by publication in some newspaper 
published in the city or county where such road is to be constructed, 
and except upon the condition that the company will pay all damages 



724 


STATUTORY PROVISIONS. 


to owners of property abutting upon the street, alley, road, highway 
or public ground upon or over which such road is to be constructed, 
which they may sustain by reason of the location or construction of the 
road; the same to be ascertained and paid in the manner provided by 
law for the exercise of the right of eminent domain. 

2899. Control of streets reserved — police power.] § 4- 
Every grant to any such company of a right to use any street, alley, 
road, highway or public ground, shall be subject to the right of the 
proper authorities to control the use, improvement and repair of such 
street, alley, road, highway or public ground, to the same extent as 
if no such grant had been made, and to make all necessary police regu¬ 
lations concerning the management and operation of such railroad, 
whether such right is reserved in the grant or not. 


HOSPITALS. 

CITY MAY CONTRIBUTE TO NON-SECTARIAN HOSPITAL. 

An Act to enable cities and counties in this State to contribute toward the 
support of non-sectarian public hospitals located within their respective 
limits. (Approved May 23, 1889. In force July 1, 1889.] 

2900. City, etc., may contribute to non-sectarian hospital.] 

§ 1 . Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That it shall be lawful for any county or anv 
city of this State to contribute such sum or sums of money towards 
the support of any non-sectarian public hospital for the sick or in¬ 
firm, located within its limits, as the county board of the county, or 
city council of the city, shall deem discreet and proper. 

PUBLIC HOSPITALS IN CITIES. 

An Act to enable cities to establish and maintain public hospitals. [Ap¬ 
proved June 17, 1891. In force July 1, 1891.] 

2901. What cities may establish non-sectarian public hos¬ 
pitals.] § 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the city council of each in¬ 
corporated city of this State having a population of less than one hun¬ 
dred thousand ( 100 , 000 ) inhabitants shall have the power to establish 
and maintain a non-sectarian public hospital for the use and benefit 
of the inhabitants of such city, and any person falling sick, or being 
injured or maimed within its limits, and may levy a tax not to exceed 
two mills on the dollar annually, on all the taxable property of the city, 
such tax to be levied and collected in like manner with the general 
taxes of the said city, and to be known as the “hospital fund.” 



HOSPITALS. 


725 


2902. How established — election — notice — taxation.] §2. 

When one hundred legal voters of any such incorporated city shall 
present a petition to the city council of such city, asking that an annual 
tax may be levied for the establishment and maintenance of a public 
hospital in such city, and shall specify in their petition a rate of taxa¬ 
tion not to exceed two mills on the dollar, such city council shall in¬ 
struct the city clerk to and such city clerk shall, in the next legal notice 
of the regular annual election in such city, give notice that at such elec¬ 
tion every elector may vote ‘‘for a.mill tax for a public hospital, * 

or “against a.mill tax for a public hospital,” specifying in such 

notice the rate of taxation mentioned in said petition; and if the ma¬ 
jority of all the votes cast in such city shall be “for the tax for a public 
hospital,” the tax specified in such notice shall be levied and collected 
in like manner with other general taxes of said city, and shall be 
known as the “hospital fund,” and thereafter the city council of such 
city shall include and appropriate in the annual appropriation bill such 
sum or sums of money as may be deemed necessary to defray all nec¬ 
essary expenses and liabilities of such hospital. 

2903. Board of directors.] § 3. When any such city council 
shall have decided to establish and maintain a public hospital under 
this act, the mayor of such city shall, with the approval of the city 
council, proceed to appoint a board of three directors, one of whom 
may be a woman, for the same, chosen from the citizens at large, with 
reference to their fitness for such office. 

2904. Directors’ term of office — removal.] § 4 - Said di¬ 
rectors shall hold office one-third for one year, one-third for two years 
and one-third for three years from the first of July following their ap¬ 
pointment, and at their first regular meeting shall cast lots for the 
respective terms; and annually thereafter the mayor shall, before the 
first of July each year, appoint as before one director to take the place 
of the retiring director, who shall hold office for three years, and until 
his successor is appointed. The mayor may, by and with the consent 
of the city council, remove any director for misconduct or neglect of 
duty. 

2905. Vacancies — how filled.] § 5. Vacancies in the board 
of directors occasioned by removals, resignation or otherwise, shall be 
reported to the city council and be filled in like manner as original ap¬ 
pointments, and no director shall receive compensation as such and 
shall not be interested either directly or indirectly, in the purchase or 
sale of any supplies for said hospital. 

2906. Organization and power of board.] §6. Said di¬ 
rectors shall immediately after appointment, meet and organize by the 
election of one of their number president, and one as secretary and by 
the election of such other officer as they may deem necessary. They 
shall make and adopt such by-laws, rules and regulations for their own 
guidance and for the government of the hospital as may be expedient, 
not inconsistent with this act and the ordinances of said city. They 
shall have the exclusive control of the expenditures of all moneys col- 




726 


STATUTORY PROVISIONS. 


lected to the credit of the “hospital fund/’ and of the construction of 
any hospital building, and of the supervision, care and custody of the 
grounds, rooms or buildings constructed, leased or set apart for that 
purpose: Provided, that all moneys received for such hospital shall 
be deposited in the treasury of said city to the credit of the “hospital 
fund,” and drawn upon by the proper officers of said city upon the 
properly authenticated vouchers of the hospital board. Said board 
shall have the power to purchase or lease ground, to occupy, lease or 
erect an appropriate building or buildings for the use of said hospital; 
shall have power to appoint a suitable superintendent or matron, or 
both, and necessary assistants, and fix their compensation, and shall 
also have power to remove such appointees; and shall, in general, carry 
out the spirit and intent of this act in establishing and maintaining a 
public hospital, and one or all of said directors shall visit and ex- 
, amine said hospital at least twice each month and make monthly re¬ 
ports of its condition to the city council. 

2907. For whose benefit established.] § 7. Every hospital 
established under this act shall be for the benefit of the inhabitants of 
such city, and any person falling sick or being injured or maimed 
within its limits; but every such inhabitant or person who is not a 
pauper shall pay to such board or such officer as it shall designate for 
such city, such reasonable compensation for occupancy, nursing, care, 
medicines or attendance, according to the rules and regulations pre¬ 
scribed by said board; such hospital always being subject to such 
reasonable rules and regulations as said board may adopt in order to 
render the use of said hospital of the greatest benefit to the greatest 
number; and said board may exclude from the use of said hospital any 
and all inhabitants and persons who shall willfully violate such rules 
or regulations. And said board may extend the privileges and use of 
such hospital to persons residing outside of such city in this State, upon 
such terms and conditions as said board may from time to time by its 
rules and regulations prescribe. 

2908. Duty of directors—meetings—funds—report, what to 
contain.] § 8. Said board of directors shall, in the name of such 
city, receive and collect from such inhabitant or person the compensa¬ 
tion aforesaid, and shall as often as once in each month, pay over to 
the city treasurer all compensation received or collected during the 
month, and take the receipt of such treasurer therefor; and shall also at 
the regular monthly meeting of the city council report to such city 
-council the names of the persons or inhabitants from whom such com¬ 
pensation has been received or collected, and the amount so received or 
collected from each and the date when so received or collected. And 
said board of directors shall make, on or before the second Monday in 
June, an annual report to the city council, stating the condition of their 
trust on the first day of June of that year, the various sums of monev 
received from the “hospital fund” and from other sources, and how 
such money has been expended and for what purposes; the number of 


HOUSES OF ILL-FAME. 


727 


patients and such other statistics, information and suggestions as they 
may deem of general interest. 

2909. Rules and regulations.] § 9. When such hospital is 
so established, the physicians, nurses, attendants, the persons sick 
therein, and all persons approaching or coming within the limits of the 
same, and all furniture and other articles used or brought there shall 
be subject to such rules and regulations as said board may prescribe. 

2910. Donations — may vest title.] § 10. Any person 
desiring to make donations of money, personal property or real estate 
for the benefit of such hospital, shall have the right to vest the title 
to the money or real estate so donated in the board of directors cre¬ 
ated under this act, to be held and controlled by such board, when 
accepted, according to the terms of the deed, gift, devise or bequest 
of such property; and as to such property the said board shall be held 
and considered to be special trustees. 

2911. Physicians—privileges of.] § 11. All physicians who 
are recognized as legal practitioners by [the] State Board of Health 
of Illinois shall have equal privileges in treating patients in said hos¬ 
pital. 


HOUSES OF ILL-FAME. 

An Act to prevent the licensing of houses of ill-fame, and the official in¬ 
spection or medical examination of the inmates thereof, in the in¬ 
corporated cities, towns and villages of this state. [Approved and in 
force March 27, 1874.] 

2912. Licensing and medical inspection forbidden.] § 1 . Be 
it enacted by the People of the State of Illinois, represented in the 
General Assembly, That it shall be unlawful for the corporate author¬ 
ities of any city, town or village in this state to grant a license to any 
person, male or female, to keep what is known as a house of ill-fame 
or house of prostitution. And it shall be unlawful for any board of 
health (or any member or employe of the same) now existing, or 
which may hereafter exist under the laws of this state, to interfere 
in the management of any house of ill-fame or house of prostitution, 
or to provide in any manner for the medical inspection or examina¬ 
tion of any inmate of the same. 

2913. Emergency.] § 2. Whereas, the legislative authorities 
of certain cities in this state are about to license houses of ill-fame, 
therefore an emergency exists why this act should take effect imme¬ 
diately: therefore, this act shall take effect and be in force from and 
after its passage. 



728 


STATUTORY PROVISIONS. 


HOUSES OF CORRECTION. 

An Act to establish houses of correction, and authorize the confinement 
of convicted persons therein. [Approved April 25, 1871. In force July 
1, 1871. 

2914. Cities may establish.] § 1 . Be it enacted by the Peo¬ 
ple of the State of Illinois, represented in the General Assembly, That 
it shall be lawful for the municipal authorities of any city, within this 
state to establish a house of correction, which shall be used for the 
confinement and punishment of criminals, or persons sentenced or 
committed thereto under the provisions of this act, or any law of this 
state, or ordinance of any city or village, authorizing the confinement 
of convicted persons, in any such house of correction. [As amended 
by act approved May 31, 1879. f° rc e July U 1879.] 

2915. Inspectors — appointment — term of office.] § 2. The 
management and direction of any house of correction already es¬ 
tablished or which may hereafter be established in any such city, shall 
be under the control and authority of a board of inspectors, to be ap¬ 
pointed for that purpose as in this section directed. The mayor of 
said city shall, by virtue of his office, be a member of said board, who, 
together with three persons to be appointed by the mayor, by and 
with the advice and consent of the legislative authority of said city, 
shall constitute the said board of inspectors. The term of office 
for the appointed members of said board shall be three years, but the 
members first appointed shall hold their office, respectively, as shall 
be determined by lot at the first meeting of said board, for one, two 
and three years from and after the first Monday in May, in the year 
of our Lord 1871, and thereafter one member shall be appointed each 
year for the full term of three years. 

2916. Rules—employees — appropriations.] §3. That when¬ 
ever a board of inspectors have been organized as in section second 
of this act directed, they shall have power and authority to establish 
and adopt rules for the regulation and discipline of the said house 
of correction, for which they have respectively been appointed, and, 
upon the nomination of the superintendent thereof, to appoint the 
subordinate officers, guards and employees thereof; to fix their com¬ 
pensation and prescribe their duties generally; to make all such by-laws 
and ordinances in relation to the management and government thereof 
as they shall deem expedient. No appropriation of money shall be 
made by the said board of inspectors for any purpose other than the 
ordinary and necessary expenses and repairs of said institution, except 
with the sanction of the legislative authority of said city. 

2917. Compensation and duties of inspectors—records.] § 4. 
Said inspectors shall serve without fee or compensation. There shall 
be a meeting of the entire board, at the house of correction, once in 
every three months, when they shall fully examine into its manage¬ 
ment in every department, hear and determine all complaints or ques¬ 
tions not within the province of the superintendent to determine, and 


HOUSES OF CORRECTION. 


729 


make such further rules and regulations for the good government of 
said house of correction as to them shall seem proper and necessary. 
One of said appointed inspectors shall visit the said house of correc¬ 
tion once, at least, in each month. All rules, regulations or other 
orders of said board shall be recorded in a book to be kept for that 
purpose, which shall be deemed a public record, and, with the other 
books and records of said house of correction, shall be at all times 
subject to the examination of any member or committee of the legis¬ 
lative authority, the comptroller, treasurer, corporation counsel or 
attorney of any such city. 

2918. Books — quarterly statement — accounts.] § 5. The 
books of said house of correction shall be so kept as to clearly exhibit 
the state of the prisoners, the number received and discharged, the 
number employed as servants or in cultivating or improving the 
premises, the number employed in each branch of industry carried on, 
and the receipts from, and expenditures for, and on account of, each 
department of business, or for improvement of the premises. A quar¬ 
terly statement shall be made out, which shall specify minutely all 
receipts and expenditures, from whom received and to whom paid, and 
for what purpose; proper vouchers for each, to be audited and certified 
by the inspectors, and submitted to the comptroller of said city, and 
by him, to the legislative authority thereof, for examination and ap¬ 
proval. The accounts of said house of correction shall be annually 
closed and balanced on the first day of January of each year, and a 
full report of the operations of the preceding year shall be made out 
and submitted to the legislative authority? of said city, and to the Gov¬ 
ernor of the State, to be by him transmitted to the General Assembly. 
[As amended by act approved May 31, 1879. force July 1, 1879.] 

2919. Further reports—removal of officers, etc.] § 6. The 
legislative authority of said city may require such further reports and 
exhibits of the condition and management of such institution as to 
them shall seem necessary and proper, and may, with the approval of 
the mayor, remove any inspector of said institution. But any sub¬ 
ordinate officer or employee may be removed by the superintendent 
at his discretion, but immediately upon the removal of such officer or 
employee, he shall report to said board the name of the person re¬ 
moved, and the cause of such removal. 

2920. Duties of superintendent— appointment—term of office 
—deputy.] § 7. The superintendent of the said house of correc¬ 
tion shall have entire control and management of all its concerns, sub¬ 
ject to the authority established by law, and the rules and regula¬ 
tions adopted for its government. It shall be his duty to obey and 
carry out all written orders and instructions of the inspectors not 
inconsistent with the laws, rules and regulations relating to the gov¬ 
ernment of said institution. He shall be appointed by the mayor by 
and with the consent of said board of inspectors, and shall hold his 
office for four years and until his successor shall have been duly ap¬ 
pointed and qualified, but he may be removed by the inspectors at any 


730 


STATUTORY PROVISIONS. 


time, when in their judgment it shall be advisable. He shall be re¬ 
sponsible for the manner in which said house of correction is managed 
and conducted. He shall reside at said house of correction, devote 
all his time and attention to the business thereof, and visit and examine 
into the condition and management of every department thereof, 
and of each prisoner therein confined, daily. He shall exercise a 
general supervision and direction in regard to the discipline, police 
and business of said house of correction. The deputy superintendent 
of said house of correction shall have and exercise the powers of the 
superintendent in his absence, so far as relates to the discipline thereof, 
and the safe keeping of prisoners. 

2921. County may use house of correction.] § 8. The 

board of supervisors or commissioners of any county, and the board 
of trustees of any village or town, in any county in this State, in which 
a house of correction is established, shall have full power and authority 
to enter into an agreement with the legislative authority of such city, 
or with any authorized agent or officer in behalf of such city, to receive 
and keep in said house of correction any person or persons who may 
be sentenced or committed thereto, by any court or magistrate, in any 
of said counties, whenever such agreement shall have been made, it 
shall be the duty of the board of supervisors or commissioners for any 
county in behalf of which such agreement shall have been made, or of 
the trustees of the village or town in behalf of which such agreement 
has been made, as the case may be, to give public notice thereof, in 
some newspaper printed and published within said county, for a period 
not less than four weeks, and such notice shall state the period of time 
for which such agreement will remain in force. [As amended by act 
approved May 31, 1879. I n force July 1, 1879.] 

2922. Commitment.! §9. In counties, towns and villages hav¬ 
ing such agreement with any such city, it shall be the duty of every 
court, police justice, justice of the peace, or other magistrate in such 
county, town or village, by whom any person, for any crime or misde¬ 
meanor, punishable by imprisonment in the county jail, shall be con¬ 
victed, to commit such person to the said house of correction, in lieu 
of committing him to the county jail, village or town calaboose, there 
to be received, and kept in the manner prescribed by law and the dis¬ 
cipline of said house of correction. And it shall be the duty of such 
court, police justice, justice of the peace, or other magistrate, by a war¬ 
rant of commitment, duly issued, to cause such person so sentenced 
to be forthwith conveyed by some proper officer to said house of cor¬ 
rection. [As approved May 31, 1879. In force July 1, 1879.] 

2923. Conveying convict to house of correction—fees.] § 10. 
It shall be the duty of the sheriff, constable or other officer in and for 
any county having such agreement with any such city to whom any 
warrant of commitment for that purpose may be directed by any court, 
justice or magistrate aforesaid, in such county, to convey such person 
so sentenced to the said house of correction, and there deliver such 
person to the keeper or other proper officer of said house of correc- 


HOUSES OF CORRECTION. 


731 


tion, whose duty it shall be to receive such person so sentenced, and 
to safely keep and employ such person for the term mentioned in the 
warrant of commitment, according to the laws of said house of cor¬ 
rection; and the officers thus conveying and so delivering the person 
or persons so sentenced shall be allowed such fees, as compensation 
therefor, as shall be prescribed or allowed by the board of supervisors 
or commissioners of the said county. 

2924. Application of other laws, etc.] § n. All provisions 
of law and ordinances authorizing the commitment and confinement 
of persons in jails, bridewells and other city prisons, are hereby made 
applicable to all persons who may or shall be, under the provisions of 
this act, sentenced to such house of correction. 

2925. House of shelter.] § 12. It shall be lawful for the in¬ 
spectors of any such house of correction to establish in connection 
with the same a department thereof, to be called a house of shelter, 
for the more complete reformation and education of females. The 
inspectors shall adopt rules and regulations by which any female con¬ 
vict may be imprisoned in one or more separate apartments of the said 
house of correction, or of the department thereof called the house of 
shelter. The superintendent of said house of correction shall appoint, 
by and with the advice of the board of inspectors, a matron and other 
teachers and employees for the said house of shelter, whose compensa¬ 
tion shall be fixed and provided for as in this act provided for the 
officers and other employees of the said house of correction. 

2926. Expenses.] §13. The expenses of maintaining any such 
house of correction over and above all receipts for the labor of per¬ 
sons confined therein, and such sums of money as may be received 
from time to time by virtue of an agreement with a county, as in this 
act contemplated, shall be audited and paid from time to time by the 
legislative authority of such city, and shall be raised, levied and col¬ 
lected as the ordinary expenses of the said city. 

2927. United States convicts.] § 14. It shall be lawful for 
the inspectors of any such house of correction to enter into an agree¬ 
ment with any officer of the United States authorized therefor, to 
receive and keep in such house of correction any person sentenced 
thereto, or ordered to be imprisoned therein, by any court of the 
United States or other federal officer, until discharged by law. 

2928. Bridewell changed to house of correction.] § 15. 
That in any such city having, prior to the passage of this act, estab¬ 
lished a bridewell for the confinement of convicted persons, such insti¬ 
tution shall, immediately upon the appointment of the inspectors in 
this act contemplated, be known and denominated as the house of cor¬ 
rection of the city in which it is located. 

2929. Salary of superintendent—record of conduct — good 
time.] § 16. The superintendent of any such house of correction 
shall receive a salary per annum, to be fixed by the legislative author¬ 
ity of such city, to be paid quarterly. It shall be his duty to keep a 


732 


STATUTORY PROVISIONS. 


record of each and all infractions of the rules and discipline of said 
house of correction, with the names of each, the convict offending, and 
the date and character of each offense, and every convict sentenced 
cr committed for six months or more, whose name does not appear 
upon such record, shall be entitled to a deduction of three days per 
month from his or her sentence for each month he or she shall con¬ 
tinue to obey all the rules of said house of correction. 

2930. Oath—bond.] §17. The inspectors of any such house of 
correction and the superintendent thereof, shall, before they enter on 
the duties of their respective offices, take and subscribe the usual oath 
of office. Said inspectors and superintendent shall severally give bond 
to such city with sureties, and in a penal sum such as may be required 
by the legislative authority thereof, for the faithful performance of 
their duties. 


INTEREST ON PUBLIC FUNDS. 


An Act to compel State, county, city, township, school and park treasurers 
and other custodians of public funds to account for interest on such 
funds under their control. [Approved June 16, 1893. In force July 
1, 1893.] 

2931. Public officers to account for interest on public funds 
in their hands—oath.] §1. Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the 
State Treasurer and every county, city, township, school and park 
treasurer, and every other custodian of public funds, who shall be 
hereafter elected or appointed and qualified, shall at the end of each 
fiscal year account for interest on the daily balances of the funds from 
time to time in his custody, at a rate of not less than two per cent, 
per annum, and as much higher as solvent banks that are reasonably 
accessible pay on the daily balances of accounts that are subject to 
sight draft or check. Three-fourths of such interest shall belong to 
the public and be added to the fund; and the remaining one-fourth of 
such interest shall belong to such treasurer or custodian, and may be 
retained by him as extra compensation for the extra care and responsi¬ 
bility assumed in making the fund bear interest: Provided, that noth¬ 
ing herein contained shall be so construed as to in any way release 
such treasurer or custodian or his bondsmen from any liability: And, 
provided further, that if any such treasurer or custodian shall keep 
such funds or any part thereof in his personal possession and not in a 
bank or on deposit for the purpose of receiving interest on the same 
and keep the same in actual money and not in securities, and shall 
not in any way use such funds, or any part thereof himself, or receive 
any interest or thing of value or compensation for the use of said 



JURISDICTION. 


733 


funds, or permit them to be used by any person, persons, co-partner¬ 
ship, or corporation for his benefit, then he shall not be required to ac¬ 
count for any interest on the funds so kept: Provided, no responsible 
depository accesssible shall be willing to pay interest, and in that case 
he shall make, sign and file an affidavit in the following form: 

I (name and official title) do solemnly swear that during the fiscal 

year ending.the total amount of funds which came into my 

hands as such officer was $.; that the daily balances were as 

shown by the schedule hereto annexed and made a part of this affidavit, and 
marked “exhibit one;” and that I kept in my possession of the above funds, 
a sum, the daily balance of which were as shown by schedule marked 
“exhibit two,” hereto annexed, and made a part of this affidavit. And I 
further swear that all of the funds shown by “exhibit two” were actually held 
by me during all of the time therein shown and not in securities of any 
kind; and that I did not use any part of said funds for my personal benefit; 
and that no part thereof was deposited with any person, persons, co-partnership 
or corporation, for the purpose of drawing interest on such funds, and that 

I have not directly or indirectly received any interest on the same, and 

that neither I nor any person, persons, co-partnership or corporation de¬ 
rived any benefit or use for me from such balances or any part thereof as 
shown in schedule marked “exhibit two,” and that I am under no circumstances 
to get any benefit therefrom, and further, that no responsible depository, reason¬ 
ably accessible, was willing to pay interest. 


Subscribed and sworn to before me.a. 

within and for. county, Illinois, this .day of 

.. 189.. 


[Official Seal.] 


JURISDICTION. 

TERRITORIAL JURISDICTION. 

An Act to extend the jurisdiction of towns and cities on any river within or 
on the borders of this state, for the purpose of police regulations. [Ap¬ 
proved and in force Feb. 15, 1865.] 

2932. To enforce ordinances on boats, etc.] § 1 . Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That cities and towns on any river within or on the borders 
of this state, shall have the right to extend and enforce their ordi¬ 
nances so as to include any boat or other floating structure, which 
shall be kept within two miles of the city or town limits, as a place 
for drinking spirituous liquors, or for gaming, or for the purpose of 
prostitution: Provided, no authority shall be given by this law, be¬ 
yond what the law now authorizes, to interfere with any steamer or 
other boat, the usual business of which is the carrying of freight or 
passengers. 













734 


STATUTORY PROVISIONS. 


An Act to define the jurisdiction of cities and incorporated towns and 
villages lying in different counties. [Approved June 18, 1891. In 
force July 1, 1891.] 

2933. Extending into different counties.] §1. Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That cities and incorporated towns and villages which 
are now or which may hereafter be incorporated or extended into dif¬ 
ferent counties, shall have the right to extend and enforce their ordi¬ 
nances over the entire territory embraced within the limits of such 
cities, incorporated towns or villages for all municipal purposes. 

2934. Suit — where brought.] § 2. That whenever any pro¬ 
vision is made by the statutes of this State that any suit or proceeding 
affecting lands or the assessment or collection of taxes shall be com¬ 
menced by any city, incorporated town or village in any court of the 
county wherein such city, incorporated town or village is situate, it 
shall be held and construed to mean in the county wherein the lands 
to be affected or upon which the taxes are assessed or to be assessed 
and collected are situate. 


POLICE JURISDICTION. 

An Act to define police districts, and the powers and the duties of the police 
therein. [Approved and in force May 13, 1887.] 

2935. What shall be a police district.] § 1. Be it enacted 
by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That the territory which is embraced within the limits 
of adjoining cities, villages and incorporated towns, within any county 
in this State shall be a police district. 

2936. Police may go into any part of such district to suppress 
riot, etc—duty of mayor.] § 2. It shall be lawful for the police 
of any city, village or incorporated town in such district to go into 
any part of such district to suppress riot, to preserve the peace and 
protect the lives, rights and property of citizens, and for such purposes 
it shall be the duty of the mayor of any city, the president or the pres¬ 
ident and board of trustees of any village or incorporated town "in such 
district, and the chiefs of police therein, to use the police forces under 
their control anywhere in such district. 

2937. Emergency.] § 3. Whereas, an emergency exists, 
this act shall be in force from and after its passage. 


LIBRARIES. 

An Act to authorize cities, incorporated towns and townships to establish 
and maintain free public libraries and reading rooms. [Approved and 
in force March 7, 1872.] 

2938. Establishment by city —tax— fund.] § 1 . That the 



LIBRARIES. 


735 


city council of each incorporated city, whether organized under gen¬ 
eral law or special charter, shall have power to establish and main¬ 
tain a public library and reading room for the use and benefit of the 
inhabitants of such city, and may levy a tax of not to exceed two mills 
on the dollar annually on all the taxable property in the city: Pro¬ 
vided, That in cities of over one hundred thousand inhabitants, after 
the year 1896, such tax shall not exceed one mill on the dollar an¬ 
nually, such tax to be levied and collected in like manner with the 
general taxes of said city, and to be known as the library fund: Pro¬ 
vided, That the said annual library tax in cities of over ten thousand 
inhabitants shall not be included in the aggregate amount of taxes 
as limited by section one (1) of article eight (8) of “An act for the 
incorporation of cities and villages,” approved April 10, 1872, and the 
amendatory acts thereto, or by any provision of any special charter 
under which any city in this State is now organized. [As amended 
by act approved June 15, 1895. In force July 1, 1895.] 

2939. Directors.] § 2. When any city council shall have de¬ 
cided to establish and maintain a public library and reading room, 
under this act the mayor of such city shall, with the approval of the 
city council, proceed to appoint a board of nine directors for the 
same, chosen from the citizens at large with reference to their fitness 
for such office; and not more than one member of the city council shall 
be at any one time a member of said board. 

2940. Term of office — removal.] § 3. Said directors shall 
hold office one-third for one year, one-third for two years, and one- 
third for three years, from the first of July following their appoint¬ 
ment, and at their first regular meeting shall cast lots for the re¬ 
spective terms; and annually thereafter the mayor shall, before the first 
of July of each year, appoint as before three directors, to take the 
place of the retiring directors who shall hold office for three years, and 
until their successors are appointed. The mayor may by and with the 
consent of the city council, remove any director for misconduct or 
neglect of duty. 

2941. Vacancies — compensation.] § 4. Vacancies in the 
board of directors, occasioned by removals, resignation, or otherwise, 
shall be reported to the city council, and be filled in like manner as 
original appointments, and no director shall receive compensation as 
such. 

2942. Organization — powers of directors — funds,] § 5. 

Said directors shall, immediately after appointment, meet and organ¬ 
ize by the election of one of their number president, and by the election 
of such other officers as they may deem necessary. They shall make and 
adopt such by-laws, rules and regulations for their own guidance and 
for the government of the library and reading-room as may be ex¬ 
pedient, not inconsistent with this act. They shall have the exclusive 
control of the expenditure of all moneys collected to the credit of the 
library fund, and of the construction of any library building, and 


730 


STATUTORY PROVISIONS. 


of the supervision, care and custody of the grounds, rooms or build¬ 
ings constructed, leased, or set apart for that purpose: Provided, 
that all moneys received for such library shall be deposited in the 
treasury of said city to the credit of the library fund, and shall be kept 
separate and apart from other moneys of such city, and drawn upon 
by the proper officers of said city, upon the properly authenticated 
vouchers of the library board. Said board shall have power to pur¬ 
chase or lease grounds to occupy, lease or erect an appropriate build¬ 
ing or buildings for the use of said library; shall have power to ap¬ 
point a suitable librarian and necessary assistants, and fix their com¬ 
pensation, and shall also have power to remove such appointees; and 
shall, in general, carry out the spirit and intent of this act, in estab¬ 
lishing and maintaining a public library and reading-room. 

2943. Who may use library.] § 6. Every library and read¬ 
ing-room, established under this act, shall be forever free to the use of 
the inhabitants of the city where located, always subject to such 
reasonable rules and regulations as the library board may adopt, in 
order to render the use of said library and reading-room of the great¬ 
est benefit to the greatest number; and said board may exclude from 
the use of said library and reading-room any and all persons who 
shall willfully violate such rules. And said board may extend the 
privileges and use of such library and reading-room to persons resid¬ 
ing outside of such city in this state, upon such terms and conditions 
as said board may from time to time by its regulations prescribe. [As 
amended by act approved March 27, 1874. In force July 1, 1874.] 

2944. Report of directors.] § 7. The said board of directors 
shall make, on or before the second Monday in June, an annual re¬ 
port to the city council, stating the condition of their trust on the 
first day of June of that year, the various sums of money received 
from the library fund and from other sources, and how such moneys 
have been expended, and for what purposes; the number of books 
and periodicals on hand, the number added by purchase, gift, or other¬ 
wise, during the year; the number lost or missing; the number of 
visitors attending; the number of books loaned out, and the general 
character and kind of such books; with such other statistics, informa¬ 
tion and suggestions as they may deem of general interest. All such 
portions of said report as relate to the receipt and expenditure of 
money, as well [as] the number of books on hand, books lost or miss¬ 
ing, and books purchased, shall be verified by affidavit. 

2945. Penalties.] § 8. The city council of said city shall have 
power to pass ordinances imposing suitable penalties for the punish¬ 
ment of persons committing injury upon such library or the grounds 
or other property thereof, and for injury to or failure to return any 
book belonging to such library. 

2946. Donations.] § 9. Any person desiring to make dona¬ 
tions of money, personal property or real estate for the benefit of such 
library, shall have the right to vest the title to the money or real estate 


LIBRARIES. 


737 


so donated in the board of directors created under this act, to be held 
and controlled by such board, when accepted, according to the terms 
of the deed, gift, devise or bequest of such property; and as to such 
property the said board shall be held and considered to be special trus¬ 
tees. 

2947. Powers of villages, towns and townships.] § io. 
When fifty legal voters of any incorporated town, village or town¬ 
ship shall present a petition to the clerk of the town, village or town¬ 
ship (or trustee of schools in counties not under township organiza¬ 
tion), asking that an annual tax may be levied for the establishment 
and maintenance of a free public library in such town or township, and 
shall specify, in their petition, a rate of taxation not to exceed two 
mills on the dollar, such clerk (or trustee of schools in counties not 
under township organization) shall, in the next legal notice of the 
regular annual election in such town or township, give notice that 

at such election every elector may vote “For a.mill tax for a 

free public library,” or “Against a.mill tax for a free public 

library,” specifying in such notice the rate of taxation mentioned in 
said petition; and if the majority of all the votes cast in such 
town, village or township shall be “For the tax for the free public 
library,” the tax specified in such notice shall be levied and collected 
in like manner with other general taxes of said town or township, 
and shall be known as the “Library Fund”; Provided, that such tax 
shall cease in case the legal voters of any such town, village or town¬ 
ship shall so determine by a majority vote, at any annual election held 
therein; and the corporate authorities of such towns or villages may 
exercise the same powers conferred upon the corporate authorities 
of cities under this act. 

2948. Directors in villages, etc.] § ii. At the next regular 
election after any town, village or township shall have voted to estab¬ 
lish a free public library, there shall be elected a library board of six 
directors, one-third for one year, one-third for two years, one-third 
for three years, and annually thereafter there shall be elected two 
directors, who shall hold their office for three years and until their suc¬ 
cessors are elected and qualified; which board shall have the same 
powers as are by this act conferred upon the board of directors of 
free public libraries in cities. 

2849. Emergency.] § 12. Whereas, all the libraries of Chi¬ 
cago were destroyed by the recent fire in that city, and large donations 
of books have been made to found a free library, and whereas no 
suitable building or organization exists to receive or preserve them, 
therefore an emergency exists that this law shall take effect im¬ 
mediately: therefore this act shall take effect and be in force from and 
after its passage. 

2950. Erection of building — plans — cost.] § 13. When¬ 
ever any board of directors of any public library, organized under the 
provisions of the act to which this is an amendment, shall determine 
to erect a building to be used for their library, or to accumulate a 
47 




STATUTORY PROVISIONS. 


738 

fund for the erection of such building, they may do so as follows: The 
directors shall cause a plan for such building to be prepared, and an 
estimate to be made of its cost; they may then determine the time or 
years over which they will spread the collection of the cost of said 
building, not exceeding twenty (20) years, and shall make a record 
of their said proceedings and transmit a copy thereof to the city coun¬ 
cil for its approval. 

If the council shall approve the action of the board the board shall 
divide the total cost of said building into as many parts as they shall 
determine to spread the cost of the collection thereof, and shall certify 
the amount of one of said parts to the city council, each and every 
year during the time or term over which they shall have determined 
to spread the collection of the cost of said building. 

The city council on receiving the said last mentioned certificate 
shall in its next annual appropriation bill include the amount so cer¬ 
tified, and shall levy and collect a tax to pay the same, with the other 
general taxes of the city; Provided, the said levy shall not exceed 
five (5) mills on the dollar in any one year and shall not be levied 
oftener than for the number of years into which the library board 
shall have divided the costs of said building: And provided, further, 
no city shall construct more than one building under the provisions 
of this act, and when said sum herein mentioned shall have been col¬ 
lected the said tax shall cease. [Added by act approved June 19, 1891. 
In force July 1, 1891.] 

2951. Duty of board—erection of building—investment of 
funds.] § 14. The library board shall determine when they will 
proceed with the construction of the building; they may proceed at 
once or may determine to wait and allow the fund to accumulate, but 
shall not delay construction of said building longer than for the col¬ 
lection of said fund. If they shall determine to wait, they shall certify 
their action to the city council and said city council shall invest said 
money in good interest paying securities, there to remain until the 
same is needed for the construction of the building under the pro¬ 
visions of this act. [Added by act approved June 19, 1891. In force 
July 1, 1891.] 

2952. How contract to be let.] § 15. When the directors 
shall determine to commence the construction of the building they 
may then revise the plan therefor or adopt a new plan and provide 
estimates of the costs thereof, and shall advertise for bids for the con¬ 
struction of said building and shall let the contract to the lowest and 
best responsible bidder, and may require from such bidder securities 
for the performance of his bid as the board shall determine: Pro¬ 
vided, the said directors may let the contract for one part of said 
building to one bidder, and for another part to another bidder as they 
shall determine: And provided, further, the board of directors shall 
not in any new plan increase the per cent of the tax levy hereunder, 
without the approval of the city council. [Added by act approved June 
19, 1891. In force July 1, 1891.] 


LIBRARIES. 


739 


2953. May rent portion—borrow money—tax levy.] § 16 . 

If the board of directors shall think best they may construct the build¬ 
ing so that a portion thereof may be rented, and may at any time 
during the construction thereof borrow money and execute a mort¬ 
gage on the lot and building, not exceeding one-half the value thereof, 
and the money so obtained shall be used exclusively in the completion 
of said building. The levy of a tax hereunder shall not constitute a 
part of the general tax of the city, nor shall it affect any appropriation 
made or to be made for the support of the library. This act shall not 
apply to any city in this State having over one hundred thousand in¬ 
habitants. [Added by act approved June 19, 1891. In force July 1, 
1891.] 


An Act to enable library associations to sell and transfer their real and personal 
propeity. [Approved March 24, 1874. In force July 1, 1874.] 

2954. Library associations may sell, etc., to public libra¬ 
ries—meeting—notice.] § 1 . Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That when¬ 
ever any library association organized under any law of this state, and 
owning any real or personal property in this state, shall desire to sell 
or lease the same, or any part thereof, absolutely or with conditions, 
to the board of directors of any free public library, organized under the 
laws of this state, such sale or lease may be made in the manner fol¬ 
lowing, viz: the directors of such association shall call a meeting of all 
the members, subscribers or stockholders thereof, to be held at the 
rooms of said library or office of the secretary of such association, 
written or printed notice of the time, place and object of such meeting, 
and of the terms and conditions of the proposed sale or lease being 
first mailed, at least thirty (30) days prior to the time of such meeting, 
to the address of each member, subscriber or stockholder whose place 
of residence is known to any of the officers or directors of such associ¬ 
ation, and by publishing such notice for at least thirty (30) consecutive 
days next preceding the time of such meeting, in some newspaper pub¬ 
lished and of general circulation in the county where the property of 
said association is situate. 

2955. Vote—manner of making conveyance, etc.] § 2. If 
the members, subscribers or stockholders representing the majority 
in amount of the stock of such association, shall vote, at such meeting, 
in favor of such sale or lease upon the terms or conditions specified 
in such notice, or, in case said association shall consist of two or more 
departments, if a majority of the members, subscribers or stockholders 
of each department shall vote at such meeting in favor of such sale or 
lease so specified, then the president and secretary shall cause a record 
of the proceedings of such meeting, verified by the oath of the presi¬ 
dent thereof, together with an affidavit of the service or publication of 
notice as herein required, to be filed in the office of the clerk of the 
circuit court of the county where the property of such association is 
situate; after which the president and secretary of the said association 



740 


STATUTORY PROVISIONS. 


shall be and are hereby authorized and empowered to execute any and 
all necessary deeds, leases, bills of sale, or other instruments in writing, 
to carry out the object and intent of said vote; which, when duly exe¬ 
cuted, shall be sufficient to pass to the board of directors of such free 
public library all the legal and equitable title of said associations in 
and to the real or personal property in said instrument described as 
therein set forth. 

• soldiers’ memorial hall. 

% 

An Act to authorize the Soldiers’ Home in Chicago to erect and maintain 
a Soldiers’ Memorial Hall on the north one quarter of Dearborn Park 
in the city of Chicago. [Approved June 4, 1889. l n force July 1, 1889.] 

Whereas, in the original subdivision of a tract of land in the western 
part of the southwest fractional quarter of section ten (10), township 
thirty-nine (39) north, range fourteen (14), east of the third principal 
meridian, as subdivided and platted under authority of the Secretary 
of War, in the year eighteen hundred and thirty-nine, a square or tract 
of land in said subdivision, a part of which is known as ‘‘Dearborn 
Park,” was set aside for park purposes and so dedicated by the general 
government; and 

Whereas, the circumstances under which said dedication was 
made no longer exist; so that said park can be used or utilized for the 
purposes for which said dedication was made; the growth and devel¬ 
opment of business having now rendered it worthless for such purposes; 
therefore, 

2956. Authorized to erect a soldiers’ memorial hall on Dear¬ 
born Park.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Soldiers’ Home 
in Chicago, a corporation incorporated under and by virtue of a spe¬ 
cial act of the Legislature of the State of Illinois, approved and in force 
February 28, 1867, be and the said corporation hereby is authorized 
and empowered to erect and maintain on the north one quarter of a 
piece of ground now known as “Dearborn Park” in that part of the city 
of Chicago known as Fort Dearborn addition to Chicago, and bounded 
on the north by the south line of Randolph street, on the east by the 
west line of Michigan avenue, on the south by the north line of Wash¬ 
ington street, and on the west by the east line of an alley known as 
Dearborn Place, a Soldiers’ Memorial Hall building to commemorate 
the virtues, sufferings and sacrifices of the soldiers and sailors of the 
State of Illinois in the late civil war, and for the uses hereinafter set 
forth. 

2957. To be under control of the managers of the sol¬ 
diers’ home.] § 2. Said Memorial Hall building when erected 
shall be used under the direction and control of the managers of the 
said Soldiers’ Home in Chicago, by all non-political organizations of 
United States soldiers and sailors of the late civil war, for all purposes 
not inconsistent with such organizations without charge, but no part 
thereof shall be rented by said Soldier’s Home in Chicago for pecu- 


LIBRARIES. 


741 


niary profit, except for such charitable objects as are provided for in 
its charter, and the care, maintenance and protection of said building. 

2958. To be a public hall, etc.] § 3. The main or princi¬ 
pal hall of such memorial building shall be a public hall, in which non¬ 
political public meetings may be held under the direction and control of 
the directors of the said Soldiers’ Home, and the sanction and approval 
of the mayor and common council of the city of Chicago: Provided, 
however, such public meeting shall not interfere with the use of said 
hall by any of the before mentioned organizations in the manner con¬ 
templated by this act. 

2959. Chicago public library — storage — how used.] § 4. 

The directors of the Chicago Public Library shall have the privilege 
of storing and keeping in such unoccupied portions of said Memorial 
Hall building as may not be required for other purposes, all such maps, 
charts, books, periodicals, papers and other literature relating to the 
late civil war and military history of this country, as they may desire. 
At the expiration of fifty years from the completion of said Memorial 
Hall building and at any time after the expiration of that period, the 
directors of the Soldiers’ Home in Chicago, at their option, by a two- 
thirds vote of all their members, may turn over, transfer and convey 
to the directors of the Chicago Public Library all the right, title arid 
interest of the Soldiers’ Home in Chicago, in and to the said Memorial 
Hall building and grounds, and the said directors of the Chicago Pub¬ 
lic Library in such case are hereby authorized and empowered to re¬ 
ceive, accept, hold and maintain the same in perpetuity: Provided, 
however, said building shall never be deprived of its distinctive char¬ 
acter as a Soldiers’ Memorial Hall, or be used by the directors of the 
Chicago Public Library or any other persons to the exclusion of any 
of the non-political organizations of the soldiers and sailors of the late 
civil war. 

CHICAGO PUBLIC LIBRARY. 

An Act to authorize the Chicago public library to erect and maintain a 
public library on Dearborn Park in the city of Chicago, and to authorize 
the Soldiers’ Home in Chicago to sell and dispose of its interest in 
the north one quarter of the said park. [Approved June 2, 1891. In 
force July 1, 1891.] 

Whereas, in the original subdivision of a tract of land in the west 
part of the south west fractional quarter of section ten, township 39 
north, range 14, east of the third principal meridian, as subdivided and 
platted under the authority of the secretary of war in the year 1839, 
a square or tract of land in said subdivision, a part of which is known 
as Dearborn Park, was set aside for park purposes, and was so dedi¬ 
cated by the general government: 

And, whereas, the circumstances under which said dedication was 
made, no longer exist, so that said park can not be used or utilized for 
the purposes for which said dedication was made, the growth and 
.development of business‘having now rendered it worthless for such 
purposes; therefore, 


/ 


742 


STATUTORY PROVISIONS. 


2960. May erect public library on Dearborn Park—memo¬ 
rial hall. J § i. Be it enacted by the People of the State of Illi¬ 
nois, represented in the General Assembly, That the Chicago public 
library be and it is hereby authorized to take possession of the piece 
of ground now known as Dearborn Park, in that part of the city of 
Chicago, State of Illinois, known as the Fort Dearborn addition to 
Chicago, and bounded on the north by the south iine of Randolph 
street, on the east by the west line of Michigan avenue, on the south 
by the north line of Washington street, on the west by the east line 
of an alley known as Dearborn place, and to erect and maintain there¬ 
on a public library building under and in pursuance of the power and 
authority conferred upon said the Chicago public library by an act 
entitled “An act to authorize cities, incorporated towns and townships 
to establish and maintain free public libraries and reading rooms/’ 
approved and in force March 7, 1872, and the various amendments 
thereto: Provided, that no building shall be erected upon the north 
one-quarter (J) of said ground by the Chicago public library until it 
has obtained, by purchase or otherwise, whatever interest the Soldiers’ 
Home in Chicago acquired in the same, under and by virtue of an act 
entitled “An act to authorize the Soldiers’ Home in Chicago to erect 
and maintain a soldiers’ memorial hall on the north one-quarter (£) 
of Dearborn park, in the city of Chicago/’ approved June 4, 1889: 
And provided further, that in case the Chicago public library shall 
obtain, by purchase or otherwise, whatever interest the Soldiers’ Home 
in Chicago may have in said north one-quarter (£) of Dearborn park, 
then and in such case the Chicago public library, in erecting such 
library building, shall construct in such part of it as it may elect or de¬ 
termine a hall to be known and forever maintained as a memorial 
hall to commemorate the patriotism and sacrifices of the Union sol¬ 
diers and sailors of the late civil war, which hall, when completed, 
may be leased by the Chicago public library at a nominal rental for 
the period of fifty years to the grand army hall and memorial associa¬ 
tion of Illinois, to be used by it and such other organizations of union 
soldiers and sailors of the late civil war having their headquarters in 
Cook county, as it may direct, for the purposes of their organization. 

2961. Soldiers’ Home in Chicago may sell, etc.] § 2. The 
Soldiers’ Home in Chicago is hereby authorized to sell, assign, transfer 
and convey to the Chicago public library, upon such terms and condi¬ 
tions as may be agreed upon, all the right, title and interest which said 
Soldiers’ Home in Chicago now hold in or to the north one-quarter 
(J) of said Dearborn park; and when such assignment or conveyance 
is made the said Chicago public library shall become seized and pos¬ 
sessed of all the rights and interest in and to said north one-quarter 
(J) of Dearborn park that are now held by the Soldiers’ Home in Chi¬ 
cago, or by the State of Illinois, and may take possession of and use 
the same for library purposes as provided in section 1 of this act. 


LIBRARIES. 


743 


INCORPORATION OF FREE PUBLIC LIBRARIES. 

An Act to encourage and promote the establishment of free public libraries 
in cities, villages and towns of this State. [Approved June 17, 1891. In 
force July 1, 1891.J 

2962. Trustees may form corporation to establish.] §1. Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That whenever property, real or personal, has heretofore 
been or shall hereafter be devised or bequeathed oy last will and testa¬ 
ment, or granted, conveyed or donated by deed or other instrument, 
to trustees to be applied by them to the foundation and establishment 
in any of the cities, villages and towns of this State of a free public 
library, it shall be lawful, when not otherwise provided in said will or 
other instrument of gift, for the acting trustees in any such case, in 
order to promote the better establishment, maintenance and manage¬ 
ment of such library, to cause to be formed a corporation under the 
provisions of this act, with the rights, powers and privileges herein¬ 
after provided for. 

2963. Corporation-how formed.] § 2. Such acting trust¬ 
ees may make, sign and acknowledge before any officer authorized to 
take acknowledgments of deeds in this State, and file In the office of 
the Secretary of State a statement in writing, in which shall be set 
forth the intent of such trustees to form a corporation under this act; 
a copy of the will or other instrument by which endowment of said 
library has been provided; the name adopted for the proposed cor¬ 
poration (which shall not be the name of any other corporation al¬ 
ready existing); the city, village or town in which the library and the 
principal place of business of the corporation will be located; the num¬ 
ber of managers who may be denominated trustees, managers or di¬ 
rectors of the corporation; and the names of the trustees, managers 
or directors who are to constitute the original board of such officers, 
and who shall hold until their successors respectively are elected and 
qualified, as in this act provided. 

2964. Perfecting organization — corporate purposes.] § 3. 
Upon the filing in his office of such a statement as aforesaid the Secre¬ 
tary of State shall issue to the incorporators, under his hand and seal 
of State, a certificate, of which the aforesaid statement shall be a part, 
declaring that the organization of the corporation is perfected. The 
incorporators shall thereupon cause such certificate to be recorded 
in a proper record book for the purpose in the office of the recorder 
of deeds of the county in which the said library is to be located; and 
thereupon the corporation shall be deemed fully organized and may 
proceed to carry out its corporate purposes, and may receive by con¬ 
veyance, from the trustees under said will, deed or other instrument 
of donation, the property provided by will or otherwise as aforesaid 
for the endowment of said library, and may hold the same in what¬ 
ever form it may have been received or conveyed by said trustees until 
such form shall be changed by the action of the said corporation. 


744 


STATUTORY PROVISIONS. 


2965. Powers of corporation—who members—property—tax¬ 
ation.] § 4. Organizations formed under this act shall be bodies 

corporate and politic to be known under the names stated in the re¬ 
spective certificates or articles of incorporation; and by such corporate 
names they shall have and possess the ordinary rights and incidents 
of corporations, and shall be capable of taking, holding and disposing 
of real and personal estate for all purposes of their organization. The 
provisions of any will, deed or other instrument by which endowment 
is given to said library and accepted by said trustees, managers or 
directors shall, as to such endowment, be a part of the organic and 
fundamental law of such corporation. 

The trustees, managers or directors of any such corporation shall 
compose its members, and shall not be less than seven nor more than 
fifteen in number; shall elect the officers of the corporation from their 
number; and shall have control and management of its affairs and 
property; may accept donations, and in their discretion hold the same 
in the form in which they are given, for all purposes of science, litera¬ 
ture and art germane to the object and purpose of said corporation. 
They may fill by election, subject to the approval of the chief justice, 
for the time being, of the supreme court of Illinois, vacancies occur¬ 
ring in their own number by death, incapacity, retirement or other¬ 
wise, and may make lawful by-laws for the management of the corpora¬ 
tion and of the library, which by-laws shall set forth what officers there 
shall be of the corporation, and shall define and prescribe their re¬ 
spective duties. They may appoint and employ) from time to time 
such agents and employes as they may deem necessary for the efficient 
administration and conduct of the library and other affairs of the cor¬ 
poration. Whenever any trustee, manager or director shall be elected 
to fill any vacancy, a certificate under the seal of the corporation, giv¬ 
ing the name of the person elected, shall be recorded in the office of 
the recorder of deeds where the articles of incorporation are recorded. 

Whenever by the provisions of such will, deed or other instrument 
by which endowment is created, the institution endowed is declared 
to be and is free and public, the library and other property of such cor¬ 
poration shall be forever exempt from taxation. 

The trustees, managers or directors of such corporation shall, in 
the month of January in each year, cause to be made a report to the 
Governor of the State for the year ending on the thirty-first day of 
December, preceding, of the condition of the library and of the funds 
and other property of the corporation showing the assets and invest¬ 
ments of such corporation in detail. 


MARKETING PRODUCTS—MECHANICS’ LIENS. 


745 


MARKETING PRODUCTS. 


An Act for the protection of farmers, fruit growers, vine growers and garden¬ 
ers. [Approved January 13, 1872. In force July 1, 1872.] 

2966. Farmer, etc., may sell products without license.] § i. 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That every farmer, fruit and vine grower, and 
gardener, shall have an undisputed right to sell the produce of his 
farm, orchard, vineyard and garden in any place or market where 
such articles are usually sold, and in any quantity he may think proper, 
without paying any State, county or city tax, or license, for doing so, 
any law, city or town ordinance to the contrary notwithstanding: Pro¬ 
vided, that the corporate authorities of any such city, town or village 
may prohibit the obstruction of its streets, alleys and public places for 
any such purpose: And, provided, further, that nothing in this act 
shall be so construed as to authorize the sale of spirituous, vinous or 
malt liquors, contrary to laws which now are or hereafter may be in 
force prohibiting the sale thereof. 


MECHANICS’ LIENS. 

An Act to revise the law in relation to mechanics’ liens. [Approved and in force 

July 26, 1895.J 

2967. Lien on the money, bonds or warrants due the contractor.] 
§ 24. Any person who shall furnish material, apparatus, fixtures, ma¬ 
chinery or labor to any contractor for a public improvement in this 
State, shall have a lien on the money, bonds or warrants due or to 
become due such contractor for such improvement: Provided, such 
person shall, before any payment or delivery thereof is made to such 
contractor, notify the officials of this State, county, township, city or 
municipality whose duty it is to pay such contractor, of his claim 
by a written notice and the full particulars thereof. It shall be the 
duty of such official so notified to withhold a sufficient amount to pay 
such claim until it is admitted, or by law established, and thereupon 
to pay the amount thereof to such person, and such payment shall be 
a credit on the contract price to be paid to such contractor. 

Any officer violating the duty hereby imposed upon him shall be lia¬ 
ble on his official bond to the person serving such notice for the dam¬ 
ages resulting from such violation, which may be recovered in an ac¬ 
tion at law in any court of competent jurisdiction. There shall be no 
preference between the persons serving such notice, but all shall be 
paid pro rata in proportion to the amount due under their respective 
contracts. 



746 


STATUTORY PROVISIONS. 


OFFICERS. 

An Act to prevent fraudulent and corrupt practices in the making or ac¬ 
cepting of official appointments and contracts by public officers. [Ap¬ 
proved April 9, 1872. In force July 1, 1872.] 

2968. Supervisor — county commissioner.] § 1. Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That it shall be and is hereby declared unlawful for any 
supervisor or county commissioner, during the term of office for which 
he is elected, to be appointed to, accept or hold any office, by appoint¬ 
ment or election of the board of which he may be a member; and any 
and all appointments and elections by the board of supervisors or coun¬ 
ty commissioners, whereby any member or members of said board, or 
either of them, may be selected to fill any official position, shall be abso¬ 
lutely null and void. 

2969. Aldermen of cities—trustees of villages.] § 2. That 

it shall be and is hereby declared unlawful for any alderman of any city, 
or member of the board of trustees of any village of this state, during 
the term of office for which he is elected, to accept or be appointed to 
or hold any office, by the appointment of the mayor or president of the 
board of trustees thereof; and any and all such election or appoint¬ 
ment shall be absolutely null and void. 

2970. Not to be interested in contracts—not to act as attorney 
to procure--bribery.] § 3. It shall not be lawful for any per¬ 
son, now or hereafter holding any office, either by election or ap¬ 
pointment, under the constitution of this state, to become in any man¬ 
ner interested, either directly or indirectly, in his own name or in the 
name of any other person or corporation, in any contract, or the per¬ 
formance of any work in the making or letting of which such officer 
may be called upon to act or vote. And it shall not be lawful for 
any such officer to represent, either as agent or otherwise, any person, 
company or corporation, in respect of any application or bid for any 
contract or work in regard to which such officer may be called upon 
to vote. Nor shall any such officer take or receive, or offer to take 
or receive, either directly or indirectly, any money or other thing of 
value, as a gift or bribe, or a means of influencing his vote or action 
in his official character; and any and all contracts made and procured 
in violation hereof, shall be null and void. 

2971. Penalty.] § 4. Any alderman, member of a board of 
trustees, supervisor or county commissioner, or person now or here¬ 
after holding any office, either by election or appointment under the 
constitution of this state, or any law now or hereafter in force in this 
state, who shall violate any of the provisions of the preceding sec¬ 
tions, shall be deemed guilty of a misdemeanor, and on conviction 
thereof may be punished by confinement in the penitentiary for a term 
not less than one year nor more than five years, or fined in a sum not 
less than $200 nor more than $1,000, or both, in the discretion of the 
court before which such conviction shall be had; and in addition 


OIL INSPECTION. 


747 


thereto, any office or official position held by any person or persons 
so convicted shall, by the fact of such conviction, become vacant, and 
shall be so declared as part of the judgment of court; and the per¬ 
son or persons so convicted shall be disqualified from holding any 
office or position of trust and confidence in this state for the period of 
two years from and after the date of such conviction. 


OIL INSPECTION. 

An Act to revise the law in relation to oil inspection. [Approved March 12,1874. 

In force July 1, 1874.] 

2972. Appointment of inspectors—term of office—deputies.] 

§ 1. The judge of the county court of any county for townships 
outside of incorporated cities, towns and villages, the mayor of any 
city, with the approval of the city council and the board of trustees 
of any village or town, may, and on the petition of any five inhabitants 
thereof shall, appoint one or more inspectors for the inspection of 
coal oil, naphtha, gasoline, benzine, and other mineral oils or fluids, 
the product of petroleum, and fix their compensation, to be paid by 
the party requiring their services. Every such inspector shall hold 
his office for one year, and until his successor is appointed and quali¬ 
fied, unless sooner removed from office. He may appoint deputies, 
for whom he shall be responsible, and who shall take the same oath and 
be liable to the same penalties as the inspector. [As amended by act 
approved June 17, 1887. In force July 1, 1887.] 

2973. Oath — bond — suit on.] § 2. Every such inspector, 
before entering upon the duties of his office, shall take and subscribe 
the following oath: 

I do solemnly swear (or affirm, as the case may be), that I will support 
the Constitution of the United States, and the Constitution of the State of 
Illinois, and that I will faithfully discharge the duties of the office of oil in¬ 
spector, according to the best of my ability. 

He shall also execute a bond payable to the People of the State, 
in such sum as shall be required by the county judge, city council 
or board of trustees, with one or more sureties to be approved by the 
county judge, mayor or president of the board of trustees, condi¬ 
tioned for the faithful discharge of the duties of his office. Any 
person aggrieved by the misconduct or neglect of such inspector may 
maintain [suit] thereon for his own use. [As amended by act ap¬ 
proved June 17, 1887. In force July 1, 1887.] 

2974. Inspector to test.] § 3. Upon the application of any 
manufacturer, refiner or producer of, or any dealer in, any such oil 



748 


STATUTORY PROVISIONS. 


or fluid, or of any officer or person to test any such oil or fluid, such 
inspector shall test the same with all reasonable dispatch by applying 
the fire test, as indicated and determined by J. Tagliabue’s pyrometer, 
or some other instrument or means equally accurate, with which he 
shall have provided himself at his own expense. 

2975 . Test — casks marked—inspector not to trade in oil.] 
§ 4. If the oils or fluids so tested will not ignite or explode at a 
temperature less than one hundred and fifty degrees Fahrenheit, the 
inspector shall mark, plainly and indelibly, on each cask, barrel or 

package “Approved, fire test being.but if said oils or fluids 

will ignite at a temperature less than one hundred and fifty degrees 
Fahrenheit, as aforesaid, then the inspector shall mark on each cask, 
barrel or package “Condemned for illuminating purposes; fire-test be¬ 
ing .” Said inspector, while in office, shall not buy, sell, bargain 

or trade, directly or indirectly, in any of the said oils or fluids. 

2976 . Records kept and open to examination.] § 5. He shall 
also, within twenty-four hours after making any inspection, make a 
full and fair entry thereof in a record book to be kept for that purpose, 
which shall be open to all persons wishing to examine the same. 

2977 . Penalty for misconduct in office.] § 6. Any such 
inspector or deputy who shall falsely brand any package, cask or bar¬ 
rel, or be guilty of any fraud, deceit, misconduct or culpable negligence 
in the performance of any of his official duties, shall be fined not 
exceeding $200, and be liable to the party injured for all damages 
occasioned thereby. 

2978 . Penalty for neglect to give notice of, or selling oil 
not inspected—counterfeit brands, etc.] § 7. Any manufacturer 
refiner or producer of, or any dealer in coal oil, naphtha, gasoline, 
benzine or other mineral oil or fluid, the product of petroleum, in any 
city, village or town in which such inspector is appointed, who shall 
neglect to give notice to such inspector, of any such oil or fluid in his 
possession not already inspected by some authorized inspector of this 
state, within two days after the same is made or refined by him or re¬ 
ceived into his possession, or shall offer any such oil or fluid for sale 
before the same has been so inspected, or shall sell or attempt to sell 
to any person, for illuminating purposes, any such oil which is below 
the approved standard—that is, having igniting point less than one 
hundred and fifty degrees Fahrenheit, as indicated and determined in 
the manner herein provided, or shall use any package, cask, barrel 
or other thing having the inspection brand thereon, the oil or fluid 
therein not having been inspected, or shall counterfeit any brand, 
shall be fined not exceeding $200 and be liable to the party injured 
for all damages occasioned thereby, and all the casks, barrels or 
packages so falsely used, and their contents, shall be forfeited, and 
may be seized and sold. 

2979 . Fines, how recovered and disposed of.] § 8. The 

fines herein provided may be recovered in the name of the People of 
the State of Illinois, before any justice of the peace of the county 




ORDINANCES. 


749 


where the offense is committed, and when collected, one-half shall be 
paid to the informer, and the other half and the proceeds of the sale 
of all casks, barrels and packages, and the contents thereof seized, 
as herein provided, shall be paid into the city, village or town treasury. 


ORDINANCES. 

PUNISHMENT OF PERSONS VIOLATING ORDINANCES. 

An Act to provide for the punishment of persons violating any of the ordi¬ 
nances of the several cities and villages in this state. [Approved and in 
force April 12, 1879.] 

2980 . Arrest—imprisonment—work-house.] § 1. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, That in all actions for the violation of any ordinance of any 
city or village organized under any general or special law of this State, 
the first process shall be a summons: Provided, however, that a war¬ 
rant for the arrest of the offender may issue in the first instance, upon 
the affidavit of any person that any such ordinance has been violated, 
and that the person making the complaint has reasonable grounds to 
believe the party charged is guilty thereof; and any person arrested 
upon such warrant, shall, without unnecessary delay, be taken before 
the proper officer, to be tried for the alleged offense. Any person 
upon whom any fine or penalty shall be imposed may, upon the order 
of the court or magistrate, before whom the conviction is had, be com¬ 
mitted to the county jail or the calaboose, city prison, work-house, 
house of correction, or other place provided by such cities or villages 
by ordinance for the incarceration of such offenders until such fine, 
penalty, and cost shall be fully paid: Provided, that no such impris¬ 
onment shall exceed six months for any one offense. The city council 
or board of trustees of any such cities or villages shall have power to 
provide by ordinance that every person so committed shall be required 
to work at such labor as his or her strength will permit, within and 
without such prison, work-house, house of correction or other place 
provided for the incarceration of such offenders, not to exceed ten 
hours each working day; and for such work the person so employed, 
or worked, shall be allowed, exclusive of his or her board, the sum of 
fifty cents for each day’s work on account of such fine and costs. 

2981 . Repeal.] § 2. All acts and parts of acts inconsistent with 
the foregoing section are hereby repealed. 

2982 . Emergency.] §3. Whereas, In some of the cities and vil¬ 
lages in this State, there is no authority for the imprisonment of 
offenders in work-houses or houses of correction, and requiring such 



750 


STATUTORY PROVISIONS. 


offenders to work, therefore, an emergency is declared to exist, and 
this act shall be in force from and after its passage. 

SUITS—HOW BROUGHT. 

An Act entitled “An act in regard to suits by incorporated cities and 
villages, and to enforce penalties and recover fines for violating the 
ordinances thereof.” [Approved May 31, 1879. f° rce July 1, 1879.] 

2983 . Suits—how brought, etc.] § i. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That all actions to recover any fine, or to enforce any penalty, under 
any ordinance of any city or village in this state, shall be brought in 
the corporate name of the city or village, as plaintiff, and no prosecu¬ 
tion, recovery or acquittal for the violation of any such ordinance shall 
constitute a defense to any other prosecution of the same party, for 
any other violation of any such ordinance, although the different 
causes of action existed at the same time, and, if united would not have 
exceeded the jurisdiction of the court or magistrate. 

PROOF OF ORDINANCES AND RECORDS. 

An Act in regard to evidence and depositions in civil cases. [Approved March 
29, 1872. In force July 1, 1872; R. S. ch. 51.] 

2984 . Records, etc., of cities, etc.—how certified.] § 14. 
The papers, entries, records and ordinances, or parts thereof, of any 
city, village, town or county, may be proved by a copy thereof, certi¬ 
fied under the hand of the clerk or the keeper thereof, and the corpo¬ 
rate seal, if there be any; if not, under his hand and private seal. 

2985 . Form of certificate.] § 16. The certificate of any such 
clerk of a court, city, village, town, county, or secretary, clerk, cashier, 
or other keeper of any such papers, entries, records or ordinances, 
shall contain a statement that such person is the keeper of the same, 
and if there is no seal, shall so state. 

2986 . Sworn copies.] § 18. Any such papers, entries, records 
and ordinances may be proved by copies examined and sworn to by 
credible witnesses. 

2987 . Penalty.] § 19. If any such officer, clerk, secretary, 
cashier, justice of the peace, or t other person authorized to certify 
copies of any papers, entries, records or ordinances, shall knowingly 
make a false certificate, he shall be punishable in the same manner as 
if he were guilty of perjury. 





PARKS AXE DRIVEWAYS. 


51 


PARKS AMD DRIYEVdAYS. 


:: v ri-::::: m max a g e m e x 


As A ct 

2983. Title to lands/ 

i_i j 


- - t ;-- -C 

A'prcrec Jim- 


- — -. — 


cf t'. iblie parks, at. i the zAeiri 


V. x 

> 




in lorce i f ifeji.j 

—. The title to said lands pur- 
cnaseo or condemned under the provisions of this act. shah vest in 
conn: ssicners in trust for the use of said towns, but if at any 
time any city m men is vested ire tire to the lands already at>- 
tntmtec ior seen par*:. srah reimburse said town, principal and in¬ 
terest. tor rte cost :: s.ain -arcs. men me title shall he conveyed to and 
vest in said efrv. 

2989. Park police.; £ 15. .ce commissioners of any such park 
may appoint and support a police force. 

2990. Proceedings to open driveway to park. § 20 . 

I* me commissioners o: an;.* such park shah vim to establish, open 

driveway trim the park, they shall make application 
etees cf the town in which it is proposed to make 

tees, and to the supervisor and as¬ 
sess:!. m emse mere is no such board the sail board of trustees, and 
supervisor an 1 assesst-r. temp hereby declared corporate authorities 
tor me purpose it mis section . :or leave to estatmsn. otter ana con- 
struct such driveway, describing the proposed location in detail, and 

• * 1 * 1 * - * « 

it me :aar _ oi —istees or supervisor ana assessor, as me case may 
be. 5 ha— approve o: me proposed improvement, authority in writing 
shah be given for the establishing, opening and construction of the 
same, m accordance with the ninth article of an act entitled “An act to 
provide for the incorporation of cities and villages, approved April 
in. 1x72: and the commissioners shall- in behalf of such town, cause 

:enced ana prosecuted, in accordance with 


.r __ 


to 

the same if there be a a-: an a c: 


me prc^ceecmgs to re coi 
the pro visions of that art: tie. Then any such driveway shall be es¬ 
tablished. it shah fern a parr of said park, and be managed and gov¬ 
erned as a pant thereof. '.Then any driveway has been heretofore, or 




he hereafter, constructed and opened, as aforesaid, it shall be 
to emend the same in the manner aforesaid. If the commission¬ 
ers cf any such park shall think it proper to use any public street or 
mad. or parr thereof, for such driveway or part thereof, it shall be 
lawful to take and use such’street, or parr thereof in me discretion 
cf the commissioners, provided the consent of the owners of a ma¬ 
jority of the lineal front feet of the property located in the city, in¬ 
corporated will age. cr town or other municipality in which said street 
is located, and abutting cn such street or road, or parr thereof, pro¬ 
posed to he used by me commissioners, be dost obtained in writing, 
and also me consent cf the city council, in case the street is within 
a city, of the trustees in case it is within an incorporated village or 
town, or cf the commissioners of highways, in case the street or road 
is wkhir a ::*rtsria and the territory is not embraced within an in- 




























752 


STATUTORY PROVISIONS. 


corporated city, village or town: Provided, that in all cases where 
a driveway extended as aforesaid, or any street or road, or part 
thereof, taken for a driveway shall lie in a town, the territory of which 
is not taxed for the maintenance of such park, it shall be lawful for the 
corporate authorities, as aforesaid, and they are hereby authorized, 
from time to time, to levy, or cause to be levied, a special tax or as¬ 
sessment on property benefited, for a sum of money sufficient for the 
cost of such improvement, and for the maintenance and repair thereof, 
as shall be ordered and estimated by such board of park commis¬ 
sioners; and such tax or assessment shall be collected and enforced in 
the same manner as is provided by law for the collection and en¬ 
forcement of other taxes, so far as the same are applicable, the pro¬ 
ceeds of such tax or assessment shall be appropriated only for the im¬ 
provement and maintenance of such portion of the street or driveway 
lying within the town, the property of which has been so taxed or as¬ 
sessed: Provided, that the maintenance and repair of any such drive¬ 
way may be made by special assessment or by general taxation, or 
partly by special assessment and partly by general taxation, as may be 
determined by such corporate authorities. When any driveway has 
been extended, as aforesaid, or when the commissioners shall de¬ 
termine to use any street or road, or part thereof, and the consent of 
the authorities having control thereof shall be given, as aforesaid, the 
driveway so extended, or the street or part thereof so taken as afore¬ 
said, shall form a part of said park, and may be improved, managed 
and governed as a part thereof. [Added by act approved June 4, 1889. 
In force July 1, 1889.] 


DRIVES TO PUBLIC PARKS. 

An Act to enable park commissioners or corporate authorities to take, 
regulate, control and improve public streets leading to public parks;to pay 
for the improvement thereof, and in that behalf to make and collect a 
special assessment, or special tax on contiguous property. [Approved 
and in force April 9, 1879.] 

2991. Drive to public parks — powers of park commis¬ 
sioners over streets, etc.] § 1. That every board of park com¬ 
missioners shall have power to connect any public park, boulevard 
or driveway under its control with any part of any incorporated city, 
town or village, by selecting and taking any connecting street or 
streets or part thereof leading to such park; and shall also have power 
to accept and add to any such park, any street or part thereof which 
adjoins and runs parallel with any boundary line of the same, Pro¬ 
vided, that the streets so selected and taken, so far as taken, shall lie 
within the district or territory the property of which shall be taxable 
for the maintenance of such parks: And provided further, that the 
consent of the corporate authorities having control of any such street 
or streets so far as selected and taken, and also the consent in writing 
of the owners of a majority of the frontage of the lots and lands abut- 


PARKS AND DRIVEWAYS. 


753 


ting on such street or streets so far as taken, shall be first obtained: 
And provided further, that every board of park commissioners who 
shall have exercised the power herefnabove granted to select and take 
streets or parts of streets for the purpose of connecting any public 
park, boulevard or driveway under its control with any part of any in¬ 
corporated city, town or village, shall have the power to abandon and 
surrender over any street or part of any street forming the whole or 
any part of such connection so made, to the proper corporate au¬ 
thorities of the city, village or town respectively, to which the control 
of any such street or part of a street so abandoned would revert, and 
for the purpose of connecting the same points or of making any por¬ 
tion of such connection, to select and take in place of any streets, 
street or part of a street so surrendered, any other and different streets, 
street or part of a street, which may be desirable and expedient for 
making the said connection; but such power shall only be exercised 
upon the consent first obtained of the proper corporate authorities to 
whom the control of the streets, street or parts of a street, so far as 
abandoned would revert, and of the proper corporate authorities hav¬ 
ing control of the streets, street or part of a street, so far as proposed 
to be taken, and upon the consent in writing first obtained of the 
owners of a majority of the frontage of the lots and lands abutting on 
the streets, street or part of a street so far as abandoned, and upon the 
consent in writing first obtained of the owners of a majority of the 
frontage of the lots and lands abutting on the streets, street or part 
of a street, so far as proposed to be taken. [As amended by act ap¬ 
proved June 17, 1895. In force July 1, 1895.] 

2992. Taxes—special assessments, etc.] § 2. That such park 
commissioners, or such corporate authorities as are by law authorized 
to levy taxes or assessments for the maintenance of such parks, shall 
have power to improve, maintain and repair such street or streets in 
such manner as they may deem best, and for that purpose they are 
hereby authorized to pay for the improvement thereof, and from time 
to time to levy or cause to be levied and collected a special tax or as¬ 
sessment on contiguous property abutting upon such street so im¬ 
proved for a sum of money not exceeding the estimated cost of such 
first improvement or improvements, as shall be ordered and estimated 
by such board of park commissioners, but not for any subsequent care, 
maintenance or repair thereof; and to that end such board or corpo¬ 
rate authorities shall have all the power and authority now or hereafter 
granted to them respectively, relative to the levy, assessment and col¬ 
lection of taxes, or assessment for corporate purposes; and such special 
tax or assessments as are hereby authorized may be divided into not 
exceeding four annual installments, bearing interest at the rate of six 
per cent, per annum from the date of confirmation until paid; and the 
assessment or installments thereof shall be collected and enforced in 
the same manner as is provided by law for the collection and en¬ 
forcement of other taxes or assessments for, or on account of such 


48 


754 


STATUTORY PROVISIONS. 


corporate bodies or boards, as aforesaid, so far as the same are ap¬ 
plicable. [As amended by act approved June 16, 1887. In force July 1, 
1887.] 

2993 . Control by park commissioners.] § 3. Such park 
boards shall have the same power and control over the parts of streets 
taken under this act, as are or may be by law vested in them of and 
concerning the parks, boulevards or driveways under their control. 

2994 . Reversion to corporate authorities — when.] § 4. 
In case any such streets or parts thereof, shall pass from the control of 
any such park board, the power and authority over the same, granted 
or authorized by this act shall revert to the proper corporate authorities 
of such city, town or village, respectively as aforesaid. 

2995 . City, etc., may grant control to park commissioners.] 

§ 5. Any city, town or village in this State, shall have full power and 
authority to invest any of such park boards with the right to 
control, improve and maintain any of the streets of such city, town or 
village, for the purpose of carrying out the provisions of this act. 

2996 . Emergency.] § 6 . Whereas, There is a necessity for the 
immediate construction of the improvements contemplated in this act, 
therefore an emergency exists and this act shall take effect and be in 
force from and after its passage. 

PARK COMMISSIONERS MAY ACQUIRE CITY PARKS, 

An Act entitled "An act to enable park commissioners having control of 
parks to take, regulate, control and improve parks now under the 
control of incorporated cities, villages or towns.” [Approved and in 
force April 11, 1885.] 

2997 . Power of park commissioners—parks now under con¬ 
trol of cities, etc.] § 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That every board 
of public park commissioners shall have the power to take under its 
control, and to regulate, control and govern, in the same manner as it 
may govern other parks or boulevards, under its control, any public 
park now under the control or jurisdiction of any incorporated city, 
town or village: Provided, That the park so taken shall lie within 
the district or territory, the property of which shall be taxable for the 
maintenance of the parks or boulevards under the control of any such 
board of park commissioners: And, provided further, That the con¬ 
sent of the authorities of any city, town or village having control of the 
park so to be taken, and also the consent in writing of the owners of 
a majority of the frontage of the lots and lands abutting on the park 
so to be taken, shall be first obtained. 

2998 . Power of park commissioners of parks taken under 
this act.] § 2. Such boards of park commissioners shall have the 
same power and control over the parks taken under this act as are, or 
may be, by law vested in them, of and concerning the parks, boule¬ 
vards or driveways now under their control. 


PARKS AND DRIVEWAYS. 


755 


2999 . When such parks pass from control of park board.] 
§ 3. In case any such parks so to be taken shall pass from the control 
of any such park board, the power and authority over the same, grant¬ 
ed or authorized by this act, shall revert to the proper authorities of 
such city, town or village, as the case may be, as aforesaid. 

3000 . Power of city or village.] § 4. Any city, town or vil¬ 
lage in this State, shall have full power and authority to vest any such 
board of public park commissioners with the right to control, improve 
and maintain any such park within the district over which such board 
of park commissioners has jurisdiction for the purposes of carrying out 
the provisions of this act, in accordance with its intent. 

3001 . Emergency.] § 5. Whereas, public policy requires that, 
so far as practicable, there should be, within the jurisdiction of such 
park boards, but a single authority over the parks lying within such 
districts respectively; therefore, an emergency exists for the passage 
of this act, and the same shall take effect and be in force from and after 
its passage. 

PLEASURE DRIVEWAYS. 

An Act to provide for pleasure driveways in incorporated cities, villages and 
towns. [Approved and in force March 27, 1889.] 

3002 . Pleasure driveways — how established.] § i. Be it 
enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That the city council in cities, the president and the 
board of trustees in villages, or the board of trustees in incorporated 
towns, whether incorporated under the general law, or special charter, 
shall have the power to designate by ordinance the whole or any part 
of not to exceed two streets, roads, avenues, boulevards or highways, 
under their jurisdiction, as a public driveway, to be used for pleasure 
driving only, and to improve and maintain the same, and also to lay 
out, establish, open, alter, widen, extend, grade, pave or otherwise 
improve and maintain not more than two roads, streets or avenues, 
and designate the same as pleasure driveways, to be used for pleasure 
driving only: Provided, said powers shall only be exercised when 
said corporate authorities are petitioned thereto by the owners of more 
than two thirds (|) of the frontage of land fronting upon said proposed 
pleasure driveway. 

3003 . May be laid out under article 9 .] § 2. Said pleas¬ 

ure driveways may be laid out, extended and improved under the pro¬ 
visions of article 9 of an act to provide for the incorporation of cities 
and villages, approved April 10, 1872, in force July 1, 1872, and any 
and all amendments thereto. 

3004 . Power of corporate authorities to regulate, etc,] § 3. 
Said corporate authorities may, by ordinance, regulate, restrain and 
control the speed of travel upon said pleasure drives, and prescribe the 
kind of vehicles that shall be allowed upon the same, and in all things 
may regulate, restrain and control the use of said pleasure driveways 


756 


STATUTORY PROVISIONS. 


by the public or individuals, and may exclude therefrom funeral pro¬ 
cessions, hearses and traffic teams and vehicles, so as to free the same 
from any and all business traffic or objectionable travel, and make 
the same a pleasure driveway for pleasure driving only, and may pre¬ 
scribe in such ordinances such fines or penalties for the violation 
thereof as they are allowed by law to prescribe for the violation of 
other ordinances. 

3005. Emergency.] § 4. * Whereas, certain municipalities are 
about establishing such pleasure driveways, or boulevards, and doubts 
exist as to their power so to do; therefore an emergency exists for the 
passage of this act, and the same shall take effect and be in force from 
and after its passage. 

MUSEUMS IN PUBLIC PARKS. 

An Act concerning - museums in public parks. [Approved June 17, 1893. In 

force July 1, 1893.] 

3006. Museums—in public parks—their erection and use.] 

§ 1. Be it enacted by the People of the State of Illinois, represented 
in the General Assembly, That the corporate authorities of cities and 
park districts having the control or supervision of any public park 
are hereby authorized to purchase or erect and maintain within such 
public park, edifices to be used as museums for the collection and dis¬ 
play of objects pertaining to natural history and the arts and sciences, 
and charge an admission fee to the same not exceeding 25 cents for 
each visitor over ten years of age and not exceeding 10 cents for each 
visitor of ten years of age and under, the proceeds thereof to be de¬ 
voted to the maintenance of such museums: Provided, that all such 
museums shall be open to the public without charge for two days in 
each week, and to the children in actual attendance upon any of the 
schools in this State at all times: And provided, also, that prior to the 
establishment of any such museum this act shall have been submitted 
at any election to the electors of the city or park district proposing 
to establish the same and shall have been adopted by a majority of the 
electors voting upon such proposition at the election at which this 
act is so submitted. 

PARK COMMISSIONERS MAY ACQUIRE STREETS. 

An Act to enable park commissioners or park authorities to take, regulate, 
control and improve public streets and to pay for the improvement 
thereof. [Approved June 21, 1895. l n force July 1, 1895.] 

3007. Streets taken by park commissioners, etc.] § i. Be 
it enacted by the People of the State of Illinois, represented in the 
General Assembly, That every board of park commissioners or park 
authorities shall have power to connect any public park, boulevard or 
driveway under its control, with any part of any incorporated city, 
town or village, (?) by selecting and taking any connecting street or 


PARKS AND DRIVEWAYS. 


757 


streets, or parts thereof, leading to such park, boulevard or driveway, 
and shall also have power to accept and add to any parks or park under 
their control any street or parts thereof which adjoins or runs parallel 
with any boundary line of the same: Provided, that the streets so 
selected and taken, so far as taken, shall lie within the district or terri¬ 
tory, the property of which shall be taxable for the maintenance of 
such parks, boulevard or driveway. And provided further, that the 
consent of the corporate authorities having control of any such street 
or streets so far as selected and taken, and also the consent in writing 
of the owners of a majority of the frontage of the lots and lands abut¬ 
ting on such streets, so far as taken, shall be first obtained. 

3008. Special taxes—special assessments.] § 2 - That such 
board of park commissioners or park authorities shall have power to 
improve such street or streets, or parts thereof, in such manner as 
they may deem best and as they have or may hereafter have power to 
improve other streets under their control, and for that purpose they are 
hereby authorized to pay for the improvement thereof byi levying, 
assessing and collecting a special tax on contiguous property abutting 
on said street or streets or parts thereof so improved or a special 
assessment on property benefited, in the manner in which said board 
of park commissioners or park authorities are now or may be hereafter 
empowered by law to levy, assess and collect special taxes on contig¬ 
uous property or special assessments for benefits in other cases, or to 
pay therefor by general taxation, or both; but no such special tax or 
special assessment shall be levied for the maintenance and repair of 
such improved street; but the same shall be maintained and repaired by 
said park boards or park authorities as in other cases. And such 
special taxes or special assessments as are hereby authorized may be 
divided into not exceeding four annual installments, bearing six per 
cent, per annum interest from the date of confirmation thereof by the 
court until paid, and the same shall be collected and enforced in the 
same manner as is or may hereafter be provided by law for the collec¬ 
tion and enforcement of oth^r special taxes or special assessments 
for or on account of said park commissioners or park authorities so far 
as the same is applicable. 

3009. Control by park commissioners.] § 3. Such park 
boards or park authorities shall have the same power and control over 
the streets or part of streets so selected and taken under this act as are 
now or may be hereafter vested in them over and concerning parks, 
boulevards or driveways or other streets. 

3010. Reversion.] § 4. In case any such streets or parts 
thereof shall pass from the control of any such park commissioners 
or park authorities, the power and authority over the same, granted 
or authorized by this act, shall revert to the proper corporated author¬ 
ities of such city, town or village respectively, as aforesaid. 

3011. City, etc., may vest control in park commissioners.] 
§ 5. Any incorporated city, town or village in this State shall have 
full power and authority to invest any of such park commissioners. 


758 


STATUTORY PROVISIONS. 


or park authorities, with the right to control, improve and maintain 
any of the streets of such city, town or village, for the purpose of 
carrying out the provisions of this act. 

3012. Streets already taken included.] § 6. The provisions 
of this act so far as the same applies to improving, maintaining and 
repairing any street or streets or parts thereof, and of the levy, assess¬ 
ment and collection of special taxes and special assessments, shall 
apply to any street or streets or parts thereof that have been heretofore 
selected and taken under the control of any park commissioners or 
other park authorities, and to any such street or streets or parts 
thereof which, or portions of which, have not yet been improved by 
such park commissioners or park authorities. 


PATROL WAGONS. 

An Act to prevent the use of uncovered patrol wagons for the conveyance 
of prisoners, and prescribing certain penalties for the violation thereof. 
[Approved June 17, 1893. In force July 1, 1894.] 

3013. Patrol wagons to be covered.] § i. Be it enacted by 
the People of the State of Illinois, represented in the General Assem¬ 
bly. That all cities of fifty thousand inhabitants or upwards in 
this State owning, controlling or using patrol wagons, omnibuses, 
vans or other vehicles of any class or kind, for the purpose of convey¬ 
ing prisoners to police stations, jails, houses of correction, penitentiaries 
or other places for the detention of such prisoners, shall provide suita¬ 
ble covers or canopies for such patrol wagons, omnibuses, vans or 
other vehicles, so that the prisoners who may be conveyed therein 
shall not be exposed to public view. 

3014. Unlawful to convey prisoner in uncovered patrol 
wagon.] § 2. It is and shall be unlawful for the authorities or offi¬ 
cers of any such city in this State to compel any person who is under 
arrest, imprisoned or detained, or in their care, custody or charge, 
to ride or to be driven in an open or uncovered patrol wagon, omni¬ 
bus, van or other vehicle of any class or kind, named in the first 
section of this act in or through the public streets, or other public 
places in this State. 

3015. Penalty.] § 3. Any sheriff, coroner, constable, mar¬ 
shal, policeman, warden, superintendent, or other officer of such city, 
violating the provisions of this act, shall be fined not less than ten dol¬ 
lars nor more than one hundred dollars. Provided, this act shall not 
become a law nor go into effect until July 1, 1894. 



PLATS. 


759 


PLATS. 

An Act to revise the law in relation to plats. [Approved March 21, 1874. In 

force July 1, 1874.] 

3016. Laying out towns, etc.] §1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
Whenever the owner of lands shall wish to subdivide the same into 
two or more parts for the purpose of laying out a town, or making 
any addition to any city, village or town, or of re-subdividing any 
lots or blocks therein, he shall cause the same to be surveyed and 
a plat thereof to be made by the county surveyor or some other com¬ 
petent surveyor, which plat shall particularly describe and set forth 
all the streets, alleys, common or public grounds, and all the in and 
out lots or fractional lots or blocks within, adjoining or adjacent to 
the land so divided, giving the names, widths, courses and extent of 
all such streets and alleys, and numbering all lots and blocks by pro¬ 
gressive numbers, giving their precise length and width. Reference 
shall also be made upon the plat to some known and permanent monu¬ 
ment from which future surveys may be made, or, if no such monu¬ 
ment shall exist within convenient distance, the surveyor shall, at the 
time of making his survey, plant and fix in such manner that the 
same shall not be moved by frost, at the corner of some public ground, 
or, if there be none, then at the corner of some lot or block most 
convenient for reference, a good and sufficient stone, to be furnished 
by the person for whom the survey is made, and designate upon the 
plat the point where the same may be found. 

3017. Certificate of surveyor—acknowledgment—record.] §2. 
The plat having been completed, shall be certified by the surveyor 
and acknowledged by the owner of the land, or his attorney duly 
authorized, in the same manner as deeds of land are required to be 
acknowledged. The certificate of the surveyor and of acknowledg¬ 
ment, together with the plat, shall be recorded in the recorder’s office 
of the county in which the land is situated, and such acknowledgment 
and record shall have like effect and certified copies thereof and of 
such plat or of any plat heretofore acknowledged and certified accord¬ 
ing to law, may be used in evidence to the same extent and with 
like effect, as in case of deeds. 

3018. Dedication — effect of.] § 3 - The acknowledgment 
and recording of such plat shall be held in law and in equity to be a 
conveyance in fee simple of such portions of the premises platted 
as are marked or noted on such plat as donated or granted to the pub¬ 
lic, or any person, religious society, corporation or body politic, and as 
a general warranty against the donor, his heirs and representatives 
to such donee or grantee for their use or for the use and purposes 
therein named or intended, and for no other use or purpose. And the 
premises intended for any street, alley, way, common or other pub¬ 
lic use in any city, village or town, or addition thereto, shall be held in 


760 


STATUTORY PROVISIONS. 


the corporate name thereof in trust to and for the uses and purposes 
set forth or intended. 

3019 . Neglect to plant corner stone, etc.] § 4 * Whoever 
shall lay out any town or make any addition to any city, village or 
town, or re-subdivide any lots or blocks therein, and neglect to plant 
any corner stone when required by this act, or shall survey the same or 
cause it to be surveyed in any other manner than that which is pre¬ 
scribed in this act, shall be fined in any sum not less than 25 nor ex¬ 
ceeding $100. 

3020 . Penalty for selling without plat recorded, etc.] § 5 . 
Whoever shall sell or offer for sale, or lease for any time exceeding 
five years, any lot or block in any town, city or village, or any addition 
thereto, or any re-subdivision of any lot or block therein, before all the 
requisitions of this act have been complied with, shall be fined $25 
for each lot or block or part thereof so disposed of, offered for sale or 
leased. 

VACATION OF PLATS. 

3021 . Of the whole plat.] § 6. Any such plat may be va¬ 
cated by the owner of the premises at any time before the sale of any 
lot therein, by a written instrument declaring the same to be vacated, 
executed, acknowledged or proved, and recorded in like manner as 
deeds of land; which declaration being duly recorded, shall*operate 
to destroy the force and effect of the recording of the plat so va¬ 
cated, and to divest all public rights in the streets, alleys and public 
grounds, and all dedications laid out or described in such plat. 
When lots have been sold, the plat may be vacated in the manner 
herein provided by all the owners of lots in such plat joining in the 
execution of such writing. 

3022 . Of part of plat.] § 7. Any part of plat may be va¬ 
cated in the manner provided in the preceding section, and subject to 
the conditions therein prescribed: Provided, such vacation shall not 
abridge or destroy any of the rights or privileges of other proprietors 
in such plat: And, provided, further, that nothing contained in this 
section shall authorize the closing or obstructing of any public high¬ 
way laid out according to law. 

3023 . Canceling plat of record.] § 8. When any plat or part 
thereof is vacated, the recorder in whose office the plat is recorded 
shall, upon the recording of such vacation, write in plain letters across 
the plat or part so vacated the word “vacated,” and shall also make a 
reference on the same to the volume and page in which the instrument 
of vacation is recorded. 

PLATS TO BE RECORDED. 

3024 . Plats of highways, etc., to be made and recorded.] § 9. 
Whenever any highway, road, street, alley, public ground, toll-road, 
railroad or canal is laid out, located, opened, widened or extended or 


PROPERTY—CONVEYANCE. 


761 


the location thereof altered, it shall be the duty of the commissioners, 
authorities, officers, persons or corporations, public or private, laying 
out, locating, opening, widening, extending or altering the same, to 
cause a plat thereof showing the width, courses and extent thereof, 
and making such reference to known and established corners or mon¬ 
uments that the location thereof may be ascertained, to be made, and 
recorded in the office of the recorder of the county in which the prem¬ 
ises taken or used for the same or any part thereof, are situated, within 
six months after such highway, road, street, alley, public ground, toll- 
road, railroad or canal is laid out, located, opened, widened or ex¬ 
tended, or the location thereof altered; and when any highway, road, 
street, alley, public ground, toll-road, railroad or canal is vacated, the 
order, ordinance or other declaration vacating the same shall be in 
like manner recorded. This act shall not be construed to alter or 
effect any law specifically providing for the recording of any such 
plat, or to require the same to be recorded sooner than is so specifically 
provided; except that any requirements to record such plat in any other 
place than is provided herein shall not excuse the parties from com¬ 
plying with this act. Whoever shall refuse or neglect to comply with 
this section shall forfeit $25, and the like sum for every month he shall 
continue in such refusal or neglect after conviction therefor, to be re¬ 
covered before any justice of the peace of the county, in the name of 
the county, one-half to the use of the county and the other half to the 
use of the person complaining. 

3025 . Prosecuting offenders.] § 10. Whenever it shall come 
to the knowledge of the recorder of deeds of any county that any of 
the provisions of this act have been violated, it shall be his duty to 
notify the state’s attorney of the fact, and the state’s attorney shall im¬ 
mediately institute suit, and prosecute the same to final judgment 
against the person offending. 


PROPERTY—CONVEYANCE. 

TO AUTHORIZE CITIES AND VILLAGES TO CONVEY REAL OR PERSONAL 

ESTATE. 

An Act to authorize cities and villages to convey any real or personal 
estate, or their right and title therein, when the same shall be no longer 
necessary for, or profitable to, or its longer retention be for the best 
interests of such city or village. [Approved March 22, 1889. In force 
July 1, 1889.] 

3026. City council or board of trustees may pass ordi¬ 
nance to sell real or personal estate no longer necessary.] 
§ 1. Be it enacted by the People of the State of Illinois, represented 



762 


STATUTORY PROVISIONS. 


in the General Assembly, That any city or village incorporated under 
any general or special law of this State, which shall have acquired or 
hold any real or personal estate for any purpose whatsoever, is hereby 
authorized and empowered by ordinance passed by three-fourths of the 
members of the city council of any such city, or of the board of trustees 
of any such village, at any regular or at any special meeting called for 
such purpose, to sell such property when the same shall, in the opinion 
of such majority of such city council or board of trustees, be no longer 
necessary, appropriate or required for the use of such city or village, 
or profitable to, or its longer retention be for the best interests of such 
city or village. 

3027. What ordinance shall specify—notice of sale—open¬ 
ing of bids, etc.] § 2. Such ordinance shall specify the location 
of such real or personal estate, and the use thereof, of whatever kind 
the same may be, and before any sale shall be made under or by virtue 
of any such ordinance, by the city council of any such city, or the 
board of trustees of any such village, such ordinance and proposal to 
sell shall be published in one of its daily or weekly papers for a period 
of not less than sixty days, and if no paper be published in such city or 
village, then it shall be published in some paper of general circulation 
in this State nearest to such city or village. Such notice shall contain 
an accurate description of such property, the purpose for which it is 
used, and at what meeting the bids will be considered and opened, and 
shall advertise for sixty days for bids therefor. All such bids shall be 
opened only at a regular meeting of such city council or board of trus¬ 
tees, and shall be accepted only upon a vote of three-fourths of the 
members of such city council or board of trustees: Provided, however, 
that the city council or board of trustees may, by a majority vote, reject 
any and all bids. 

3028. By whom and when conveyance to be made.] § 3. 
Upon any bid having been accepted, and the purchase price duly paid 
or secured, the mayor and city clerk, or the president of the board of 
trustees and the clerk of such board, shall have the power to convey 
such real or personal estate and transfer the same to such party or 
parties whose bids have been accepted, by proper deed or deeds of 
conveyance, stating therein the price therefor, with the seal of the cor¬ 
poration. 

An Act to authorize cities and villages to convey real estate held by them for 
school or academy purposes to the proper school officers. [Approved 
June 27, 1885. In force July I, 1885.] 

3029. How city or village may convey real estate held for 
school purposes.] § i. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That any city or vil¬ 
lage, incorporated under any general or special law of this State, which 
shall hold any real or personal estate which shall have been conveyed 
to such city or village, by virtue of any general or special law of this 
State, or otherwise, for school or academy purposes, is hereby au- 


RAILROADS. 


763 


thorized and empowered, by ordinance or resolution of the city coun¬ 
cil of any such city, and of the president and board of trustees of any 
such village, to cause such real or personal estate to be conveyed and 
transferred to the proper school officers, authorized to hold the same, 
for the use of the district in which such real or personal estate shall be 
situated, by proper deed or deeds of conveyance, executed by the 
proper officers of such city or village, under the common seal thereof. 

3030. When real estate ceases to be used for school pur¬ 
poses.] § 2. That if any real estate conveyed by virtue of this act, 
shall, at any time, cease to be used for school purposes for a period of 
three years, then it shall be the duty of the school officers, holding the 
title to such real estate to convey the same back to said city or village 
to be by it thereafterwards held, enjoyed and disposed of as other cor¬ 
porate property, which condition shall be inserted in any deed made 
by any such city or village by virtue of this act. Said reconveyance, 
in case of the non-use of such real estate for the period aforesaid, may 
be compelled and enforced by any taxpayer of said city or village by 
proper proceedings to be instituted by him for that purpose. 

3031. Trustees under special charter — rights of.] § 3, 
That in all cases where any such real or personal estate shall have been 
under the control of any trustees, appointed or elected by virtue of any 
general or special law of this State, that whenever such estate shall be 
conveyed as aforesaid, that the duties of such trustees, in relation there¬ 
to shall cease and determine, and it shall be their duty to immediately 
settle and adjust all matters relating to such trust or estate and make 
report to the proper authority of their acts and doings, upon the ap¬ 
proval of which said trustees will be released and discharged from the 
further performance of duty in that behalf. All moneys which may 
remain in the treasury of such city or village, to the credit of any fund 
connected with the use of such real or personal estate, while so held 
by such city or village, shall be used by such city or village for any 
lawful corporate purpose. 

3032. Repeal.] §4. Thatallactsorpartsofactsinconsistentwith 
the provisions of this act are hereby repealed. 


RAILROADS. 


INCORPORATION OF RAILROAD COMPANIES. 

An Act to provide for the incorporation of associations that may be or¬ 
ganized for the purpose of constructing railways, maintaining and oper¬ 
ating the same; for prescribing and defining the duties and limiting 
the powers of such corporations when so organized; and authorizing 
the same and all railroad companies of this State to own and hold 



764 


STATUTORY PROVISIONS. 


the stock and securities of railroad companies of other states owning con¬ 
necting lines. [As amended by act approved June 2, 1891. In force 
July 1, 1891.] 

3033 . Laying out, constructing and using roads.] § 19. 
Every corporation formed under this act shall, in addition to the 
powers hereinbefore conferred, have power: 

Fifth—To construct its railway across, along or upon any stream of 
water, watercourse, street, highway, plank road, turnpike or canal, 
which the route of such railway shall intersect or touch; but such cor¬ 
poration shall restore the stream, watercourse, street, highway, plank 
road and turnpike thus intersected or touched, to its former state, or 
to such state as not unnecessarily to have impaired its usefulness, and 
keep such crossing in repair: Provided, that in no case shall any 
railroad company construct a roadbed without first constructing the 
necessary culverts or sluices, as the natural lay of the land requires for 
the necessary drainage thereof. Nothing in this act contained shall be 
construed to authorize the erection of any bridge, or any other ob¬ 
struction, across or over any stream navigated by steamboats, at the 
place where any bridge or other obstructions may be proposed to be 
placed, so as to prevent the navigation of such stream; nor to au¬ 
thorize the construction of any railroad upon or across any street in 
any city, or incorporated town or village, without the assent of the 
corporation of such city, town or village: Provided, that in case of 
the constructing of said railway along highways, plank roads, turn¬ 
pikes or canals, such railway shall either first obtain the consent of 
the lawful authorities having control or jurisdiction of the same, or 
condemn the same under the provisions of any eminent domain law 
now or hereafter in force in this state. 

Sixth—To cross, intersect, join and unite its railways with any other 
railway before constructed, at any point in its route and upon the 
grounds of such other railway company, with the necessary turnouts, 
sidings and switches, and other conveniences, in furtherance of the' 
objects of its connections; and every corporation whose railway is or 
shall be hereafter intersected by any new railway, shall unite with the 
corporation owning such new railway in forming such intersections 
and connections, and grant the facilities aforesaid; and if the two 
corporations cannot agree upon the amount of compensation to be 
made therefor, or the points and manner of such crossings and con¬ 
nections, the same shall be ascertained and determined in manner pre¬ 
scribed by law. 

Seventh—To receive and convey persons and property on its rail¬ 
way, by the power and force of steam or animals, or by any mechanical 
power. 

FENCING AND OPERATING RAILROADS. 

An Act in relation to fencing and operating railroads. [Approved March 31, 

1874. In force July 1, 1874.] 

3034 . Boards at crossings.] § 5. Every railroad corporation 


RAILROADS. 


765 


shall cause boards, well supported by posts or otherwise, to be placed 
and constantly maintained upon each public road or street, where the 
same is crossed by its railroad on the same level. Said boards shall 
be elevated so as not to obstruct the travel, and to be easily seen by 
travelers. On each side of said boards shall be painted in capital 
letters, of at least the size of nine inches each, the words “railroad 
crossing/' or “look out for the cars." This section shall not apply 
to streets in cities or incorporated towns or villages, unless such rail¬ 
road corporation shall be required to put up such boards by the cor¬ 
porate authorities of such cities, towns or villages: Provided, that when 
warning boards have already been erected, under existing laws, the 
maintenance of the same shall be a sufficient compliance with the re¬ 
quirements of this section. 

3035. Bell and whistle — crossings.] § 6. Every railroad 
corporation shall cause a bell of at least thirty pounds weight, and a 
steam whistle placed and kept on each locomotive engine, and shall 
cause the same to be rung or whistled by the engineer or fireman, 
at the distance of at least eighty rods from the place where the rail¬ 
road crosses or intersects any public highway, and shall be kept ringing 
or whistling until such highway is reached. 

3036. Killing stock — frightening team.] § 6 * 4 . Any en¬ 
gineer, or person having charge of and running any railroad engine 
or locomotive, who shall willfully or maliciously kill, wound or dis¬ 
figure any horse, cow, mule, hog, sheep or other useful animal, shall, 
upon conviction, be fined in the sum of not less than the value of the 
property so killed, wounded or disfigured, or confined in the county 
jail for a period of not less than ten days; and any such engineer or 
fireman, or other person, who shall wantonly or unnecessarily blow the 
engine whistle, so as to frighten any team, shall be liable to a fine of 
not less than $io nor more than $50. 

3037. Starting train without signal.] § 7. If any engineer 
on any railroad shall start his train at any station, or within any city, 
incorporated town or village, without ringing the bell or sounding the 
whistle a reasonable time before starting, he shall forfeit a sum not 
less than $10 nor more than $100, to be recovered in an action of debt 
in the name of the People of the State of Illinois, and such corpora¬ 
tion shall also forfeit a like sum, to be recovered in the same manner. 

3038. Approaches at crossings.] § 8 . Hereafter, at all of the 
railroad crossings of highways and streets in this state, the several 
railroad corporations in this state shall construct and maintain said 
crossings, and the approaches thereto, within their respective rights 
of way, so that at all times they shall be safe as to persons and prop¬ 
erty. 

3039. Neglect to make, etc., crossings—notice.] § 9. When¬ 
ever any railroad corporation shall neglect to construct and maintain 
any of its crossings and approaches, as provided in section 8 of this act, 
it shall be the duty of the proper public authorities, having the charge 
of such highways or streets, to notify, in writing, the nearest agent 


766 


STATUTORY PROVISIONS. 


of said railroad corporation of the condition of said crossing or ap¬ 
proaches, and direct the same to be constructed, altered or repaired 
in such manner as they shall deem necessary for the safety of per¬ 
sons and property. 

3040. When company neglects, authorities to construct, etc.] 

§ io. If any railroad corporation of this State shall, after having 
been notified, as provided in section 9 of this act, neglect or refuse to 
construct, alter or repair such crossing or approaches within thirty 
days after such notice, then said public authorities shall forthwith 
cause such construction, alteration or repairs to be made. 

3041. Company to pay expense and $100.] §11. Said rail¬ 

road corporation shall be holden for all necessary expenses incurred 
in making such construction, alteration and repairs, and in addition 
thereto shall be liable to a fine of $100 for such neglect to comply with 
the requirements of this act, which fine shall be enforced by the said 
public authorities, in the name of the People of the State of Illinois, 
before any court of competent jurisdiction in the county. Such fine, 
when collected, to be paid into the treasury of the authorities enforcing 
the fine. 

3042. Draw bridge — railroad crossing, etc. — stop.] § 12. 

All trains running on any railroad in this State, when approaching a 
crossing with another railroad upon the same level, or when approach¬ 
ing a swing or draw bridge,in use as such,shall be brought to a full stop 
before reaching the same, and within eight hundred (800) feet there¬ 
from, and the engineer or other person in charge of the engine at¬ 
tached to the train shall positively ascertain that the way is clear and 
that the train can safely resume its course before proceeding to pass 
the bridge or crossing. [As amended by act approved June 19, 1885. 
In force July 1, 1885.] 

3043. Penalty.] § 13. Every engineer or other person hav¬ 
ing charge of such engine, violating the provisions of the preceding 
section, shall be liable to a penalty of two hundred dollars for each 
offense, to be recovered in an action of debt in the name of the Peo¬ 
ple of the State of Illinois, and the corporation on whose road such 
offense is committed shall be liable to a penalty of not exceeding two 
hundred dollars, to be recovered in like manner, the amount so re¬ 
covered to be paid into the treasury of the county in which the of¬ 
fense occurs, but no recovery shall be had in any case for any offense 
committed more than sixty days prior to the commencement of the 
action. The provisions of this and of the preceding section shall ex¬ 
tend to and govern all cases of neglect or failure to stop the train as re¬ 
quired by law before passing any bridge or railroad crossing, whether 
occurring before or after the said provisions shall take effect, 
and no act or part of an act inconsistent with such operation and ef¬ 
fect being given to this law shall in any way apply hereto. [As 
amended by act approved June 19, 1885. In force July 1, 1885.] 

3044. Two or more railroads crossing each other on same 
level —requirements.] § 1. Be it enacted by the People of the 


RAILROADS. 


767 


State of Illinois, represented in the General Assembly, That when 
and in case two or more railroads crossing each other at a common 
grade, or any railroad crossing any stream or harbor by swing or 
draw bridge shall, by a system of interlocking and automatic signals, 
or by other works, fixtures and machinery to be erected by them, or 
either of them, render it safe for engines and trains to pass over such 
crossing or bridge without stopping, and such system of interlocking 
and signals, works or fixtures shall first be approved by the Railroad 
and Warehouse Commissioners, or any two of them, and a plan of 
such interlocking and signals, works and fixtures for such crossing 
designating the plan of crossing shall have been filed with such Rail¬ 
road and Warehouse Commissioners then, and in that case, it is hereby 
lawful for the engines and trains of any such railroad or railroads to 
pass over said crossing or bridge without stopping, any law, or the 
provisions of any law, now in force to the contrary notwithstanding; 
and all such other provisions of laws contrary thereto are hereby de¬ 
clared not to be applicable in such case: Provided, that the said Rail¬ 
road and Warehouse Commissioners shall have power in case such 
interlocking system, in their judgment, shall by experience prove to 
be unsafe or impracticable to order the same to be discontinued. 
[As amended by act approved May 28, 1891. In force July 1, 1891.] 

3045. Civil engineer to examine system, etc.—compensation.] 
§ 2. The said Railroad and Warehouse Commissioners may appoint 
a competent civil engineer to examine such proposed system and 
plans, and report the result of such examination for the information 
of such Railroad and Warehouse Commissioners; and said Railroad 
and Warehouse Commissioners are hereby authorized to allow and 
reward five dollars per day as a compensation for the services of such 
civil engineer, or such reasonable sum as such commissioners shall 
deem fit, and to allow and reward such other and further sums 
as they shall deem fit to pay all other fees, costs and expenses to arise 
under said application, to be paid by the railroad company or com¬ 
panies in interest, to be taxed and paid or collected as in other cases. 
And the said Railroad and Warehouse Commissioners are also empow¬ 
ered on application for their approval of any such system of interlocking 
and signals, works or fixtures, to require of the applicant security for 
such fees, costs and expenses, or the deposit, in lieu thereof, of a suffi¬ 
cient amount in money for that purpose to be fixed by them. 

3046. Not to obstruct highway—stoning, etc., train.] § 14- 
No railroad corporation shall obstruct any public highway by stopping 
any train upon, or by leaving any car or locomotive engine standing 
on its track, where the same intersects or crosses such public high¬ 
ways, except for the purpose of receiving or discharging passengers 
or freight, or for taking in or setting out cars, or to receive the neces¬ 
sary fuel and w r ater, and in no case to exceed ten minutes for each 
train, car or locomotive engine. 

Any person who shall throw any stone or other hard substance 


768 


STATUTORY PROVISIONS. 


at any railroad car, train or locomotive, shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be fined in any sum 
not more than $200.00, and shall stand committed to the county jail 
until such fine and costs shall be paid. [As amended by act approved 
June 21, 1895. In force July 1, 1895.] 

3047. Speed through cities, etc. — damages.] § 24. When¬ 
ever any railroad corporation shall by itself or agents, run any train, 
locomotive engine, or car, at a greater rate of speed in or through the 
incorporated limits of any city, town or village, than is permitted by 
any ordinance of such city, town or village, such corporation shall be 
liable to the person aggrieved for all damages done the person or 
property by such train, locomotive engine or car; and the same shall 
be presumed to have been done by the negligence of said corpora¬ 
tion or their agents; and in addition to such penalties as may be pro¬ 
vided by such city, town or village, the person aggrieved by the viola¬ 
tion of any of the provisions of this section, shall have an action 
against such corporation so violating any of the provisions to recover 
a penalty of not less than one hundred dollars ($100), nor more than 
two hundred dollars ($200), to be recovered in any court of compe¬ 
tent jurisdiction; said action to be an action of debt, in the name of 
the People of the State of Illinois, for the use of the person ag¬ 
grieved; but the court or jury trying the case may reduce said penalty 
to any sum, not less, however, than fifty dollars ($50), where the of¬ 
fense committed by such violation may appear not to be malicious or 
willful: Provided, that no such ordinance shall limit the rate of speed, 
in case of passenger trains to less than ten miles per hour, nor in any 
other case to less than six miles per hour. [As amended by act ap¬ 
proved May 22, 1877. In force July 1, 1877.] 

3048. Flagmen — shelter.] § 35. In all cases where the 
public authorities having charge of any street over which there shall 
be a railroad crossing, shall notify any agent of the corporation own¬ 
ing, using or operating such railroad, that a flagman is necessary at 
such crossing, it shall be the duty of such railroad company, within 
sixty days thereafter, to place and retain a flagman at such crossing, 
who shall perform the duties usually required of flagmen; and such 
flagman is hereby empowered to stop any and all persons from cross¬ 
ing a railroad track when, in his opinion, there is danger from ap¬ 
proaching trains or locomotive engines; and any railroad company 
refusing or neglecting to place flagmen, as required by this section, 
shall be liable to a fine of $100 per day for every day they shall neglect 
or refuse to do so; and it is hereby made the duty of such public author¬ 
ities having charge of such street, to enforce the payment of such fine, 
by suit, in the name of the town of municipal corporation wherein 
such crossing shall be situate, before any court of competent juris¬ 
diction in the county, and the prosecuting attorney shall attend to the 
prosecution of all suits as directed by said public authorities. All 
the moneys collected under the provisions of this act shall be paid into 
the treasury of the town or municipal corporation in whose name such 


RELIEF FUNDS. 


769 


suits shall have been brought: Provided, that when any railroad 
company is required to keep a flagman at a crossing, it shall have the 
right to erect and maintain in the highway or street crossed a suitable 
house for the shelter of such flagman, the same to be so located as 
to create the least obstruction to the use of such street or highway, and 
afford the best view of the railroad track in each direction from such 
crossing. 

3049. Penalties.] § 36. If any railroad corporation, or any 
of its agents, servants or employees, shall violate any of the provisions 
of this act, such corporation, agent, servant or employee shall, sev¬ 
erally, unless otherwise herein provided, be liable to a fine of not less 
than $10 nor more than $200, to be recovered in an action of debt, . 
in the name of the People of the State of Illinois, for the use of any 
person aggrieved, before any court of competent jurisdiction. 

3050. Corporation Defined.] § 37. The word “corporation.” 
as used in this act, shall be construed to include all companies, lessees, 
contractors, persons or association of persons, owning, operating or 
using any railroads in this state. 

3051. Street railroads.] § 38. This act shall not apply to 
horse cars or street railroads. 


RELIEF FUNDS. 

POLICE AND FIREMEN’S RELIEF FUNDS. 

An Act ' to amend “An Act for the relict of disabled members of the police 
and fire departments in cities and villages,” approved May 24, 1877. In 
force July 1, 1877. [Approved May 10, 1879. In force July 1, 1879-] 

3052. How fund created.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
one-half of all the rates, taxes and license fees which are, or may be 
hereafter required by law, to be paid by corporations, companies or 
associations not incorporated under the laws of this State, engaged 
in any village or city in this State effecting fire insurance, and one- 
fourth of all moneys collected as a tax on dogs, where such city or 
village contains a population of 10,000 or more has a regularly or¬ 
ganized fire department, by such city or village, and all moneys re¬ 
ceived from fines inflicted upon members of the police and fire de¬ 
partments for a violation of the rules and regulations of the service, 
and all fines recovered for violation of the fire ordinances, and all 
moneys accruing from the sale of unclaimed stolen property, shall 
be set apart by the treasurer of the city or village to whom the same 
shall be paid, as a fund for the relief of disabled members of the police 

49 



770 


STATUTORY PROVISIONS. 


and fire departments of such city or village. [As amended by act 
approved June 23, 1883. In force July 1, 1883.] 

3053 . Mayor, etc., trustees of fund.] § 2. The mayor or 
president of the board of trustees, the superintendent or chief officer 
of. the police department, the fire marshal or chief officer of the fire 
department, and the chairman of the committee on police and fire 
and water, of the city council or board of trustees of the city or village, 
with the comptroller (if there be one) or city clerk and treasurer, shall 
constitute and be a board by the name of the trustees of the police 
and firemen’s relief fund, and the treasurer of the city or village, 
shall be custodian of the funds of said police and firemen’s relief 
fund. The said board shall select from their number a president and 
secretary. 

3054 . Board to control fund.] § 3. The said board shall have 
the exclusive control and management of the fund mentioned in the 
first section of this act, and of all money donated, paid or assessed 
for the relief of disabled policemen or firemen, and shall have the 
power to assess each and every member of the police and fire de¬ 
partments of such city or village, including all such persons who hav¬ 
ing become entitled to the benefits of this fund while such members 
of said police and fire departments, have not forfeited their rights to 
share in such benefits after leaving such departments as hereinafter 
provided, not to exceed the sum of five dollars ($5.00) per annum, 
which shall be received and held by the treasurer of said relief fund, 
in like manner as the other moneys herein provided, to be paid to 
him; and any person who having become entitled to the benefits 
of this fund, shall not within one month after notice in writing to 
him from said board of the assessment against him, pay the same, 
shall not be entitled to, or receive any benefits secured to him under 
the provisions of this act, unless he shall make written application 
to the trustees of the fund to become a member thereof, and shall 
have by a majority vote of said trustees been admitted*to membership 
in said organization, and upon his making payment of all delinquent 
assessments due by him accruing during his membership in such po¬ 
lice or fire department. The said board may make all needful rules 
and regulations for its government in the discharge of its duties, and 
shall hear and decide all applications for relief under this act, and its de¬ 
cisions on such applications shall be final and conclusive, and not 
subject to review or reversal except by the board: Provided, that 
nothing herein contained shall render the payment of any sum of 
money or annuity which may be awarded by the board, obligatory on 
the board, or chargeable against it as a legal right; but the board 
may, at any time in its discretion, order that such sums of money or 
annuity shall be reduced, or that payment of the same shall not be 
made. The board shall cause to be kept a record of all its meetings 
and proceedings. 

3055 . Treasurers to give bond for fund.] § 4. The treasurer 
of the board shall be the custodian of the fund in the first section 


s 


RELIEF FUNDS. 


771 


of this act mentioned, and of all moneys donated, paid or assessed to¬ 
wards or on account of the relief fund hereby created, and shall se¬ 
cure and safely keep the same, subject to the control and direction of 
the board, and shall keep his books and accounts in such a manner 
as may be prescribed by the board, and the same shall always be 
subject to the inspection of the board, or any member thereof. The 
treasurer shall, within ten days after his election or appointment, 
execute a bond to the city or village, as the case may be, with good 
and sufficient securities in such penal sum as the board may direct, 
to be approved by the board, conditional for the faithful performance 
of the duties of his office, and that he will safely keep and well and 
tiuly account for all moneys and property which may come to his 
hands as such treasurer, and that on the expiration of his term of office, 
he will surrender and deliver over to his successor all unexpended 
moneys and all property which may have come to his hands as such 
treasurer. Such bond shall be filed in the office of the clerk of such 
city or village, and in case of a breach of the same, or the conditions 
thereof, suit may be brought on the same, in the name of such city 
or village, for the use of said board or oif any person or persons 
injured by such breach. 

3056. Warrants drawn on treasurer.] § 5. It shall be the duty 
of the mayor and clerk, or the comptroller if there be one, and the 
officer or officers of such city or village, who are or may be authorized 
by law, to draw warrants upon the treasurer of such city or village, 
upon request made in writing by said board, to draw warrants upon the 
treasurer of such city or village, payable to the treasurer of said board, 
for the fund set apart by such city or village treasurer, as prescribed by 
the first (1) section hereof. 

3057. Permanent disability — death — annuity.] § 6. When, 
in the judgment of the board, a sufficient amount shall have accumu¬ 
lated in said fund to justify the application thereof to the use for which 
the same is hereby created, if any member of the police or fire de¬ 
partments, while in the actual performance of duty or other person 
entitled to the benefits of this fund as hereinafter provided, shall 
become permanently disabled, so as to render proper his retirement 
from membership, a sum not exceeding six hundred dollars ($600) per 
annum, or such less sum, as, in the judgment of the board, the fund 
will justify, shall be paid to such member out of said fund; or if any 
member, while in the actual discharge of duty shall be killed, or shall 
die from the immediate effects of an injury received by him while 
in such discharge of duty, or shall die after ten years’ service in the 
police or fire departments, and shall leave a widow, or if no widow, 
any child or children under the age of sixteen (16) years, a sum not 
exceeding six hundred ($600) dollars per annum, or such less sum as, 
in the judgment of the board, the condition of the fund will justify, 
shall be paid to such widow so long as she shall remain unmarried, or 
to such child or children while under the age of sixteen years. 

3058. Who may obtain benefits.] § 7. Any person who 


772 


STATUTORY PROVISIONS. 


shall have served in either the police or fire departments of said 
city or village for the full term of ten (io) years, and shall have paid 
into the fund hereby provided for all assessments regularly made 
upon him by the board of trustees as required by this act, and the 
regulations of the said board of trustees passed in pursuance of this 
act, and shall have complied with all the rules and regulations lawfully 
established by the board of trustees in the same manner, as if such 
person was an active member in said police or fire department, may 
continue his membership in this organization, and be entitled to the 
benefits of this fund after he shall have ceased to be a member in either 
said police or fire department, by complying with all the provisions 
of this act, relative to the payment of assessments, etc., the same as 
prior to his ceasing to be a member of said departments, and the widow 
or children of such person shall be entitled to all benefits hereby se¬ 
cured to other members of this organization. 

3059. How money paid out.] § 8. All moneys ordered to be 
paid from said relief fund to any person or persons, shall be paid by 
the treasurer of said board only upon warrants signed by the president 
of the board and countersigned by the secretary, and no warrant shall 
be drawn except by order of the board, duly entered in the record of 
the proceedings of the board. In case the said relief fund, or any 
part thereof, shall by order of the said board or otherwise, be deposited 
in any bank, or loaned, all interest on money which may be paid or 
agreed to be paid, on account of any such loan or deposit, shall belong 
to and constitute a part of said fund. Provided, that nothing herein 
contained shall be construed as authorizing the said treasurer to loan 
the said fund, or any part thereof, unless so authorized by said board. 

3060. Repeal.] § 9. All acts or parts of acts, or amendments 
thereto, heretofore enacted, and in any manner conflicting with the 
provisions of this act, are hereby expressly repealed. 

firemen’s fund. 

An Act to create a board of trustees of the firemen’s pension fund; to 
provide and distribute such fund for the pensioning of disabled fire¬ 
men, and the widows and minor children of deceased firemen; to author¬ 
ize the retirement from service and the pensioning of members of the 
fire department, and for other purposes connected therewith, in cities, 
villages or incorporated towns, whose population exceeds fifty thousand 
inhabitants, having a paid fire department. [Approved May 13, 1887. 
In force July 1, 1887.] 

3061. Fund, liow created—treasurers of fund.] § 1 . Be it 

enacted by the People of the State of Illinois, represented in the Gen¬ 
eral Assembly, That in all cities, villages or incorporated towns 
whose population exceeds fifty thousand, having a paid fire depart¬ 
ment, one (1) per centum of all revenues collected or received by such 
cities, villages or incorporated towns from licenses issued by such 
cities, villages or incorporated towns shall be set apart by the treas¬ 
urer of such cities, villages or incorporated towns to whom the same 


RELIEF FUNDS. 


773 


shall be paid, as a fund for the pensioning of disabled and superan¬ 
nuated members of the fire departments, and of the widows and or¬ 
phans of deceased members of the fire departments of such cities, 
villages or incorporated towns. The treasurers of such cities, villages 
or incorporated towns shall be ex-officio treasurers of such fund. 

3062. Board of trustees of firemen’s pension fund.] § 2. The 
treasurer, clerk, attorney, marshal or chief officer of the fire depart¬ 
ment, and the comptroller of such city, village or incorporated town, 
shall constitute and be a board by the name of the “Board of Trustees 
of the Firemen’s Pension Fund.” The said board shall select from 
their number a president and secretary: Provided, that in villages 
and incorporated towns the “Board of Trustees of the Firemen’s Pen¬ 
sion Fund” shall consist of the president of the board of trustees, the 
town or village clerk, the town or village attorney, and the chief 
officer of the fire department. 

3063. Management of fund—assessment of members—deciding 
upon applications—record of meetings.] § 3., The said board 
shall have exclusive control and management of the fund mentioned 
in the first section of this act, and of all money donated, paid, or as¬ 
sessed for the relief or pensioning of disabled, superannuated and re¬ 
tired members of the fire departments, their widows and minor chil¬ 
dren, and shall assess each member of the fire department not to ex¬ 
ceed one per centum of the salary of such member, to be deducted 
and withheld from the monthly pay of each member so assessed, the 
same to be placed by the treasurer of such city, village or incorporated 
town, who shall be ex-officio treasurer of such board, to the credit 
of such fund, subject to the orders of such board. The said board 
shall make all needful rules and regulations for its government in the 
discharge of its duties, and shall hear and decide all applications for 
relief or pensions under this act, and its decisions on such applications 
shall be final and conclusive, and not subject to review or reversal 
except by the board. The board shall cause to be kept a record of 
all its meetings and proceedings. [As amended by act approved 
March 28, 1889. In force July 1, 1889.] 

3064. Rewards — gifts — devises, etc. — permanent fund.] 

§ 4. All rewards in moneys, fees, gifts and emoluments that may be 
paid or given for, or on account of extraordinary services by said fire 
department, or any member thereof (except when allowed to be retained 
by said member, or given to endow a medal or other permanent or 
competitive award), shall be paid into said pension fund. The said 
board of trustees may take by gift, grant, devise or bequest, any money, 
real estate, personal property, right of property or other valuable thing, 
the annual income of which shall not exceed one hundred thousand 
dollars ($100,000) in the .whole; and such money, real estate, personal 
property, right of property, or other valuable thing so obtained, also 
all fines and penalties imposed upon members of such fire department, 
shall in like manner be paid into said pension fund and treated as a part 
thereof, for the uses of such pension fund: Provided, that 


774 


STATUTORY PROVISIONS. 


the sum of two hundred thousand dollars ($200,000) which may be 
received and accumulated, shall be, when so received and accumulated, 
retained as a permanent fund, and thereupon and thereafter the 
annual income may be made available for the uses and purposes of 
such pension fund. [As amended by act approved March 28, 1889. 
In force July 1, 1889.] 

3065. Power of board to draw fund—investing same—de¬ 
posit of securities.] § 5. The said board of trustees shall have 
power to draw such pension fund from the treasury of such city, 
village or incorporated town, and may invest such fund, or any part 
thereof, in the name of the “Board of Trustees of the Firemen's Pen¬ 
sion Fund," in interest-bearing bonds of the United States, of the 
State of Illinois, of any county of this State, or of any township 
or any municipal corporation of the State of Illinois. And all such 
securities shall be deposited with the treasurer of said city, village or 
incorporated town as ex-officio treasurer of said board, and shall be 
subject to the order of said board. 

3066. Interest from investment of fund—diminishing rate from 
licenses.] § 6 . The interest received from any such investment 
of said fund, after said fund shall have reached the sum of two hundred 
thousand dollars, shall be applicable to the payment of pensions under 
this act. And when such interest shall become so applicable, it 
shall be in the power of the council of said city, village or incorporated 
town to diminish such annual rate of one (1) per centum from licenses, 
so that said income from interest and from licenses shall meet the 
requirements of the pension lists, as provided by this act. 

3067. Retirement on account of physical or mental disability.] 
§ 7. If any member of the fire department of any such city, village or 
incorporated town shall, while in the performance of his duty, become 
and be found, upon an examination by a medical officer ordered by 
said board of trustees to be physically or mentally permanently dis¬ 
abled, by reason of service in such department, so as to render neces¬ 
sary his retirement from service in said fire department, said board 
of trustees shall retire such disabled member from service in such fire 
department: Provided, no such retirement on account of disability shall 
occur unless said member has contracted said disability while in the 
service of such fire department. Upon such retirement the said 
board of trustees shall order the payment to such disabled member of 
such fire department, monthly, from said pension fund, a sum equal to 
one-half the monthly compensation allowed to such member as salary 
at the date of his retirement. [As amended by act approved March 
28, 1889. In force July 1, 1889.] 

3068. Death while in the performance of duty, etc. — pen¬ 
sion to widow—when fund insufficient.] § 8. If any member 
of such fire department shall, while in the performance of his duty, 
be killed or die as the result of an injury received in the line of his 
duty, or of any disease contracted by reason of his occupation, or if 
any member of such fire department shall, while in said service, die 


RELIEF FUNDS. 


775 


from any cause while in said service, or during retirement, or after 
retirement after twenty-two years’ service, as hereinafter provided, 
and shall leave a widow, minor child or minor children under sixteen 
years of age, surviving, said board of trustees shall direct the payment 
from said pension fund of the following sums monthly, to-wit: To such 
widow, while unmarried, thirty dollars; to the guardian of such minor 
child or children, six dollars for each of said children until it, or they, 
reach the age of sixteen years: Provided, however, that there shall 
not be paid to a family of a deceased member a total pension exceed¬ 
ing one-half the amount of the monthly salary of such deceased mem¬ 
ber at the time of his decease; or, if a retired member, a sum not ex¬ 
ceeding one-half the amount of the monthly salary of such retired 
member at the date of his retirement. If at any time there shall not 
be sufficient money in such pension fund to pay each person entitled 
to the benefits thereof, the full amount per month, as hereinbefore 
provided, then, and in that event, an equal percentage of such monthly 
payments shall be made to each beneficiary thereof, until the said fund 
shall be replenished to warrant the payment in full to each of said 
beneficiaries. [As amended by act approved March 28, 1889. In 
force July 1, 1889.] 

3069. Beneficiaries under prior act.] § 9. The widows and 
orphans of deceased firemen and retired members of the fire depart¬ 
ment, who are now entitled to pension or annuity under the provisions 
of an act entitled “An Act for the relief of disabled members of the 
police and fire departments in cities and villages,” approved May 24, 
1877, as amended, shall be entitled to the benefits, pensions and an¬ 
nuities provided for by this act: Provided, such persons shall there¬ 
upon cease to receive pensions, relief or benefits under said act of May 
24, 1877. 

3070. Retirement after twenty-two years’ service, etc.] § 10. 

Any member of the fire department of any such city, village or incorpo¬ 
rated town, after becoming fifty years of age and having served twenty- 
two years or more in such fire department, of which the last two years 
shall be continuous, may make application to be relieved from such 
fire department, or if he shall be discharged from such fire depart¬ 
ment the said board of trustees shall order and direct that said person 
shall be paid a monthly pension equal to one-half the amount of salary 
attached to the rank which he may have held in said fire department 
at the date of his retirement or discharge; and the said board, upon 
the recommendation of the fire marshal or chief officer of any fire 
department provided for in this act, shall have the power to assign 
members of the fire department retired or drawing pensions under 
this act, to the performance of light duties in such fire department in 
case of extraordinary emergencies. After the decease of such mem¬ 
ber, his widow or minor child or children, under sixteen years of age, 
if any surviving him, shall be entitled to the pension provided for in 
this act, but nothing in this or any other section of this act shall warrant 
the payment of any annuity to any widow of a deceased member of such 


776 


STATUTORY PROVISIONS. 


fire department after she shall have re-married. [As amended by act 
approved March 28, 1889. In force July 1, 1889.] 

3071. To whom act applies.] § n. This act shall apply to 
all persons who are now, or shall hereafter become, members of such 
fire departments, and all such persons shall be eligible to the benefits 
secured by this act. 

3072. Treasurer of board, custodian of fund—books and ac¬ 
counts— bond.] § 12. The treasurer of the board shall be the 
custodian of said pension fund, and shall secure and safely keep the 
same, subject to the control and direction of the board; and shall 
keep his books and accounts concerning said fund in such manner 
as may be prescribed by the board; and the said books and accounts 
shall always be subject to the inspection of the board or any member 
thereof. The treasurer shall, within ten days after his election or 
appointment, execute a bond to the city, village or incorporated town, 
with good and sufficient securities, in such penal sum as the board 
shall direct, to be approved by the board, conditioned for the faithful 
performance of the duties of his office, and that he will safely keep 
and well and truly account for all moneys and property Which may 
come into his hands as such treasurer; and that on the expiration 
of his term of office he will surrender and deliver over to his successor 
all unexpended moneys and all property which may have come to 
his hands as treasurer of such fund. Such bond shall be filed in the 
office of the clerk of such city, village or incorporated town, and in 
case of a breach of the same, or the conditions thereof, suit may be 
brought on the same in the name of such city, village or incorporated 
town, for the use of said board, or of any person or persons injured 
by such breach. 

3073. Duty of mayor, or etc., to draw warrants.] § 13. It 
shall be the duty of the mayor, or the president of the board of trustees 
and clerk, or the comptroller, if there be one, and the officer or offi¬ 
cers of such city, village or incorporated town who are or may be 
authorized by law to draw warrants upon the treasurer of such city, 
village or incorporated town, upon request made in writing by said 
board to draw warrants upon the treasurer of such city, village or 
incorporated town, payable to the treasurer of said board, for all 
funds in the hands of the treasurer of such city, village or incor¬ 
porated town belonging to said pension fund. 

3074. Money paid only upon warrants signed, etc.—interest 
from fund.] § 14. All moneys ordered to be paid from said 
pension fund to any person or persons shall be paid by the treasurer 
of said board only upon warrants signed by the president of the board 
and countersigned by the secretary thereof; and no warrant shall be 
drawn except by order of the board duly entered in the records of 
the proceedings of the board. In case the said pension fund or any 
part thereof shall, by order of said board or otherwise, be deposited 
in any bank, or loaned, all interest or money which may be paid or 
agreed to be paid on account of any such loan or deposit, shall belong 


RELIEF FUNDS. 


777 


to and constitute a part of said fund: Provided, that nothing herein 
contained shall be construed as authorizing said treasurer to loan 
or deposit said fund or any part thereof, unless so authorized by the 
board. 

3075 . Report of board of conditions of funds.] § 15. The 
board of trustees shall make report to the council of said city, village 
or incorporated town, of the conditions of said pension fund on the 
first day of January in each and every year. 

3076 . Fund not subject to levy either before or after order 
of distribution, etc.] § 16. No portion of said pension fund 
shall, either before or after its order of distribution by said board to 
such disabled members of said fire department, or to the widow or 
guardian of such minor child or children, or a deceased or retired 
member of such department, be held, seized, taken, subjected to, or de¬ 
tained or levied on by virtue of any attachment, execution, injunction, 
writ, interlocutory or other order or decree, or any process or proceed¬ 
ing whatever issued out of or by any court of this State for the pay¬ 
ment or satisfaction in whole or in part of any debt, damages, claim, 
demand or judgment against such member, or his said widow, or 
the guardian of said minor child or children of any deceased member; 
but the said fund shall be sacredly held, kept, secured and distributed 
for the purpose of pensioning the persons named in this act, and for 
no other purpose whatever. 

3077 . Repeal.] § 19. [17.] All acts or parts of acts incon¬ 

sistent with this act are hereby repealed. 

POLICE PENSION FUND. 

An Act to provide for the setting apart, formation and disbursement of a 
police pension fund in cities, villages and incorporated towns. [Approved 
April 29, 1887. In force July i, 1887.] 

3078 . How fund created.] § i. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
in each city, village, or incorporated town in this State, having a 
population of fifty thousand inhabitants or more, there shall be paid 
to the treasurer thereof, and by him and the comptroller (if there be 
one), set apart, the following moneys, to constitute a Police Pension 
Fund, viz: 

Fi rs t—Two per centum of all moneys received from licenses for the 
keeping of saloons or dram shops. 

Second— Three-fourths of all moneys received for taxes or from 
licenses upon dogs. 

Third—All moneys received from fines imposed upon members of 
the police force of said city, village or town, for violation of the rules 
and regulations of the police department. 

Fourth—All proceeds of sales of unclaimed stolen property. 

Fifth—One fourth of all moneys received from licenses granted to 
pawnbrokers, second-hand dealers and junk stores. 


STATUTORY PROVISIONS. 


778 

. K> 

Sixth—All moneys received as fees and from fines for carrying 
concealed weapons. 

Seventh—One half of all costs collected in money for violation of 
city ordinances. 

Eighth—All rewards given or paid to members of such police force, 
except such as shall be accepted by the chief officer of police. 

Ninth—One per centum per month, which shall be paid by, or de¬ 
ducted from the salary of-each and every member of the police force 
of such city, village or town: Provided, no such member shall be com¬ 
pelled to pay more than two dollars per month from his salary. 

3079. Board of police pension fund commissioners.] § 2 , 
The president of the board of trustees, the comptroller, the city, village 
or town clerk, the superintendent or chief officer, or in his absence 
or inability to act, then the officer next in authority to him of the police 
department, the city, village or town treasurer, and the city, village 
or town attorney of any such city, village or town, shall ex-officio be 
and constitute a board of commissioners, to provide for the disburse¬ 
ment of said fund or funds, and designate the beneficiaries thereof as 
herein directed, which board shall be known as the Board of Police 
Pension Fund Commissioners of such city, village or town. 

3080. Who shall be pensioned — service for twenty years, 
etc.] § 3* Whenever any person, at the time of the taking effect 
of this act or thereafter, shall have been duly appointed and sworn, 
and have served for the period of twenty years or more, upon the 
regularly constituted police force of any such city, village or town 
of this State, which now is, or hereafter may be, subject to the pro¬ 
visions of this act, said board shall order and direct that such person 
shall, after becoming fifty years of age and his service upon such po¬ 
lice force shall have ceased, be paid from such fund a yearly pension 
equal to one-half the amount of the salary attached to the rank which 
he may have held on said police force for one year next preceding the 
expiration of said term of twenty years. 

3081. Physical disability—retiring from active service.] § 4 
Whenever any person, while .serving as a policeman in any such city, 
village or town, shall become physically disabled while in, and in conse¬ 
quence of, the performance of his duty as such policeman, said board 
shall, upon his written request, or without such request, if it deem it 
for the good of said police force, retire such person from active service 
and order and direct that he be paid from said fund a yearly pension, 
not exceeding one-half the amount of the salary attached to the rank 
which he may have held on said police force for one year next pre¬ 
ceding such retirement: Provided, that whenever such disability shall 
cease such pension shall cease. 

3082. Certificate of disability.] § 5 . No person shall be 
retired as provided in the next preceding section, or receive any bene¬ 
fit from said fund, unless there shall be filed with said board certificates 
of his disability, which certificates shall be subscribed and sworn to by 
said person and by the police surgeon ( if there be one) and two prac- 


RELIEF FUNDS. 


779 


ticing physicians of such city, village or town, and such board may 
require other evidence of disability before ordering such retirement 
and payment as aforesaid. 

3083. Death in performance of duty—pension to widow—death 
in service.] § 6 . Whenever any member of the police force of 
such city, village or town shall lose his life while in the performance 
of his duty, or receive injuries from which he shall thereafter die, leav¬ 
ing a widow, or child or children under the age of sixteen years, then 
upon satisfactory proof of such facts made to it, such board shall 
order and direct that a yearly pension, equal to one-half the amount 
of the salary attached to the rank which such member held on said po¬ 
lice force at the time of his death, shall be paid to such widow during 
her life, or if no widow, then to such child or children, until they shall 
be sixteen years of age: Provided, if such widow or child, or chil¬ 
dren, shall marry, then such persons so marrying shall thereafter 
receive no further pension from such fund. Whenever any member 
of the police force shall die after ten years’ service therein, and while 
still in the service of such city, village or town, as such policeman, 
leaving a widow, or child or children under the age of sixteen years, 
then upon satisfactory proof of such facts made to it, said board may 
order and direct that such pension as said board may deem proper, not 
exceeding one-half the amount of the salary attached to the rank 
which he held at the time of his death, shall be paid to such widow, 
or if there be no widow, then to such child or children, until they 
shall be sixteen years of age, said pension to cease upon marriage, 
as provided above. 

3084. Reporting to chief for examination—service in cases 

of emergency.] § 7 . Any person retired for disability under 

this act, may be summoned to appear before the board herein provided 
for, at any time thereafter, and shall submit himself thereto for ex¬ 
amination as to his fitness for duty, and shall abide the decision and or¬ 
der of such board with reference thereto. And all members of the 
police force who may be retired under the provisions of this act, 
except those who voluntarily retire after twenty years’ service, shall 
report to the chief of police of the city, village or town where so re¬ 
tired, on the second Tuesday of each and every month, and in cases 
of emergency may be assigned to, and shall perform such duty as 
said chief of police may direct, and such persons shall have no claim 
against the city, village or town for payment for such duty so per¬ 
formed. 

3085. ? j|Pension lost by crime, misdemeanor, etc.] § 8. When¬ 
ever any person who shall have received any benefit from said fund 
shall be convicted of any crime or misdemeanor, or shall become an 
habitual drunkard, or shall become a non-resident of this State, or 
shall fail to report himself for examination for duty as required herein, 
unless excused by the board, or shall disobey the requirements of said 
board under this act, in respect to said examination or duty, then 
such board shall order that such pension allowance as may have been 


780 


STATUTORY PROVISIONS. 


granted to such person shall immediately cease and determine, and 
such person shall receive no further pension, allowance or benefit, 
under this act. 

3086. Meetings of board — officers — certificate — record — 
list of pensioners—quorum.] § 9. The board herein provided 
for shall hold quarterly meetings on the second Tuesdays of April, 
July, October and January of each year, and upon the call of its presi¬ 
dent; it shall select from its members a president and secretary, who 
shall hold such respective positions until their successors are elected; 
it shall issue certificates, signed by its president and secretary, to the 
persons entitled thereto, of the amount of money ordered paid to 
such persons from such fund by said board, which certificates shall 
state for what purpose such payment is to be made; it shall keep a 
record of all its proceedings, which record shall be a public record; 
it shall on the Tuesday named above, or at each quarterly meeting, 
send to the treasurer of its city, village or town, and to the comp¬ 
troller, or city, village or town clerk, a written or printed list of all 
persons entitled to payments, from the fund herein provided for, stat¬ 
ing the amount of such payments and for what granted, as ordered 
by such board, which list shall be certified and signed by the president 
and secretary of such board, and by the secretary thereof, attested under 
oath. A majority of all the members of said board shall constitute a 
quorum, and have power to transact business: Provided, that no reso¬ 
lution shall be passed, or order made by such board, for the payment 
of money, unless by the affirmative vote of a majority of all the mem¬ 
bers thereof. 

3087. Powers of board.] § 10. The board herein provided 
for shall, in addition to other powers herein granted, have power: 

First—To compel witnesses to attend and testify before it, upon 
all matters connected with the operation of this act, in the same 
manner as is or may be provided by law for the taking of testimony 
before masters in chancery, and its president, or any member of said 
board, may administer oaths to such witnesses. 

Second—To appoint a clerk and define his duties. 

Third—To provide for the payment from said fund of all its neces¬ 
sary expenses, including clerk hire, printing, and witness fees: Pro¬ 
vided, that no compensation or emolument shall be paid to any mem¬ 
ber of said board for any duty required or performed under this act. 

Fourth—To make all needful rules and regulations for its guidance 
in conformity with the provisions of this act. 

3088. Report to board by treasurer.] § 11. On the third 
Tuesday of April of each year the treasurer of every such city, village 
or town shall make a sworn report to the board herein provided for, 
and to the mayor and city council of such city, or the president of, 
and the board of trustees of such city, village or town, of all moneys 
received and paid out by him on account of said fund, during the 
previous year, and of the amount of said fund then in his hands; and 
all surplus of said fund then remaining in his hands, exceeding the 


REVENUE. 


781 


average amount per year paid out by him on account of said fund 
during the three years next preceding, shall be by him transferred to, 
and become a part of, the funds of every such city, village or town, 
and no longer under the control of said board or subject to its order; 
and whenever this act shall take effect in any such city, village or 
town, the treasurer thereof shall give a new bond the same as now 
is, or hereafter may be, required by law, which new bond, when so 
given and the sureties thereon, shall be for the security of such fund, 
the same as other funds belonging to any such city, village or town. 
Payments provided for in this act shall be made by such treasurer 
quarterly, upon proper vouchers. 

3089. Beneficiaries under prior act — when not sufficient 
money.] § 12. All members of the police force, and any widow 
or child or children of such members of any such city, village or town, 
who, upon the taking effect of this act, shall be entitled to receive any 
benefit under an act entitled “An Act to amend an act for the relief 
of disabled members of the police and fire departments in cities and 
villages,” approved May 24, 1877, in force July 1, 1877, as amended 
by act approved May 10, 1879, in force July 1, 1879, shall receive no 
payments or benefits under said act, but shall, in lieu thereof, be en¬ 
titled to the benefits provided for in this act. But if at any time there 
shall not be sufficient moneys belonging to such fund to pay the 
allowances of such board to its beneficiaries, then they shall be paid 
pro rata from such fund, but no allowance or order of such board 
shall be held to create any liability against any such city, vil¬ 
lage or town, except upon the fund so set apart as aforesaid for the 
payment thereof. 


REVENUE. 

ASSESSMENT OF PROPERTY AND COLLECTION OF TAXES. 

An Act for the assessment of property and for the levy and collection 
of taxes. [Approved March 30, 1872. In force July 1, 1872.] 

3090. § 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That the property named in this 
section shall be assessed and taxed, except so much thereof as may be, 
in this act, exempted: 

First—All real and personal property in this State. 

Second—All moneys, credits, bonds or stocks and other invest¬ 
ments, the shares of stock of incorporated companies and associa¬ 
tions, and all other personal property including property in transitu 
to or from this state, used, held, owned or controlled by persons re¬ 
siding in this state. 



782 


STATUTORY PROVISIONS. 


Third—The shares of capital stock of banks and banking compa¬ 
nies doing business in this state. 

Fourth—The capital stock of companies and associations incor¬ 
porated under the laws of this state. 

PROPERTY EXEMPT FROM TAXATION. 

3091 . § 2. All property described in this section, to the extent 

herein limited, shall be exempt from taxation, that is to say— 

First—All lands donated by the United States for school purposes, 
not sold or leased. All public school houses. All property of in¬ 
stitutions of learning, including the real estate on which the institu¬ 
tions are located, not leased by such institutions or otherwise used 
with a view to profit. 

Second—All church property actually and exclusively used for pub¬ 
lic worship, when the land (to be of reasonable size for the location 
of the church building) is owned by the congregation. 

Third—All lands used exclusively as graveyards or grounds for 
burying the dead. 

Fourth—All unentered government lands; all public buildings or 
structures of whatever kind, and the contents thereof, and the land on 
which the same are located, belonging to the United States. 

Fifth—All property of every kind belonging to the state of Illi¬ 
nois. 

Sixth—All property belonging to any county, town, village or city, 
used exclusively for the maintenance of the poor. All swamp or over¬ 
flowed lands belonging to any county, so long as the same remain 
unsold by such county. All public buildings belonging to any county, 
township, city or incorporated town, with the ground on which such 
buildings are erected, not exceeding in any case ten acres. 

Seventh—All property of institutions of purely public charity, when 
actually and exclusively used for such charitable purposes, not leased 
or otherwise used with a view to profit; and all free public libraries. 

Eighth—All fire engines and other implements used for the extin¬ 
guishment of fires, with the building used exclusively for the safe keep¬ 
ing thereof, and the lot of reasonable size on which the building is 
located, when belonging to any city, village or town. 

Ninth—All market houses, public squares or other public grounds 
used exclusively for public purposes. All works, machinery and 
fixtures belonging exclusively to any town, village or city, and used 
exclusively for conveying water to such town, village or city. 

Tenth—All property which may be used exclusively by societies 
for agricultural, horticultural, mechanical and philosophical purposes, 
and not for pecuniary profit. 


REVENUE. 


783 


TOWNS, CITIES, ETC. 

3092. Certificate of rates.] § 122. The proper authorities of 
towns, townships, districts, and incorporated cities, towns and villages, 
collecting taxes under the provisions of this act, shall annually, on or 
before the second Tuesday in August, certify to the county clerk, the 
several amounts which they severally require to be raised by taxation, 
anything in their respective charters, or in acts heretofore passed by 
the General Assembly of this state, to the contrary notwithstanding. 
[As amended by act approved May 3, 1873.] 


COLLECTORS’ BOOKS—EXTENDING RATES. 

3093. Collectors’ books.] § 123. The county clerk shall, an¬ 
nually, make out for the use of collectors, in books to be furnished 
by the county, correct lists of taxable property as assessed and equal¬ 
ized. [As amended by act approved June 2, 1881. In force July 
1, 1881.] 

3094. Books.] § 124. In counties not under township or* 
ganization such book shall be made up by congressional townships; 
but parts of fractional townships, less than full townships, may be added 
to full townships, at the discretion of the county board. In counties 
under township organization, said books shall be made to correspond 
with the organized townships. Separate books may be made for 
the collection of all taxes within the corporate limits of cities, towns 
and villages. This section shall not be construed to interfere with 
the tax book provided for in this act, for the use of county collectors, 
for collecting all taxes charged against railroad property and the 
capital stock of telegraph companies. [Added by amendment ap¬ 
proved June 2, 1881. In force July 1, 1881.] 

3095. Rates — how extended — valuation — equalization.] 
§ 125. The respective county clerks shall cause the collector’s books 
to be properly ruled for the several classes of property, providing for 
each class three columns for value, the first to show the assessed 
valuation, the second to show the valuation as corrected and equal¬ 
ized by the county board, and the third to show the valuation as equal¬ 
ized or assessed "by the State Board of Equalization. Said books 
to contain proper columns for the extension of the several kinds of 
taxes and other purposes, and to contain proper columns to insert op¬ 
posite each piece, lot or tract of land any sales made of the same for 
taxes or special assessments for the two preceding years not can¬ 
celed, “such tax sales shall be designated by the word ‘sold’ to be 
stamped in the proper column opposite the respective lot or tract of 
land not released prior to December 1st of each year,” and the several 
collectors shall stamp or cause to be stamped upon all receipts given 
for taxes the information in said column, to be known as the tax sale 
column. [As amended by act approved and in force June 19, 1893.] 


784 


STATUTORY PROVISIONS. 


3096. Rates — how extended — valuation equalization.] 

8 126. Said clerks shall extend the rates of addition or deduction 
ordered by the county board and State Board of Equalization, in the 
several columns provided for that purpose. The rates per cent, or¬ 
dered by the State Board of Equalization shall be extended on the 
assessed valuation of property, as corrected and equalized by the county 
board—except that in case of railroad property denominated rail¬ 
road track” and ‘Tolling stock” said rates shall be extended on the 
listed valuations of such designated property. In all cases of extension 
of valuations, where the equalized valuation shall happen to be frac¬ 
tional, the clerk shall reject all such fractions as may fall below fifty 
cents; fractions of fifty cents or more shall be extended as one dollar. 
[As amended by act approved June 2, 1881. In force July I, 1881.] 

3097 . Extension of town, city, etc., taxes.] § 127. The said 
clerks shall estimate and determine the rate per cent, upon the proper 
valuation of property in the respective towns, townships, districts and 
incorporated cities, towns and villages, in their counties, that 
will produce, within the proper divisions of such counties, not 
less than the net amount of the several sums that shall be required by 
the county board, or certified to them according to law. 

3098 . State and county taxes.] § 128. All State and 
county taxes shall be extended by the respective county clerks upon 
the property in their counties, upon the valuation produced by the 
equalization and assessment of property by the State Board of Equal¬ 
ization. Town, district, village, city and other taxes, shall also be ex¬ 
tended against such assessed and equalized valuation of property 
within their respective jurisdictions. In the extension of taxes, the 
fraction of a cent shall be extended as one cent. [As amended by 
act approved June 2, 1881. In force July 1, 1881.] 

3099 . Forfeited property—back taxes. j § 129. In all cases 
where any real property has heretofore been or may hereafter be for¬ 
feited to the state for taxes, it shall be the duty of the clerk, when 
he is making up the amount of tax due on such real property for the 
current year to add the amount of back tax, interest, penalty and 
printers’ fees remaining due on such real property, with one year’s in¬ 
terest at ten per cent, on all taxes heretofore forfeited, and twenty-five 
per cent, on all taxes hereafter levied and forfeited on the amount 
of tax due, to the tax of the current year, and the aggregate amount 
so added together shall be collected in like manner as the tax on other 
real property for that year may be collected: Provided, that the county 
clerk shall first carefully examine said list, and strike out therefrom 
all errors, and otherwise make such corrections as may be necessary 
with respect to such property or tax. [See section 229. As amended 
by act approved May 31, 1879. In force July 1, 1879.] 

3100 . Statement to auditor.] § 130. When the books or 
lists for the collectors are completed, the county clerk shall make 
a complete statement of the assessment and taxes charged, on blanks, 
and in conformity to instructions furnished to him by the auditor. 


REVENUE. 


785 


The clerk shall record said statement, and forward it, properly certi¬ 
fied, to the auditor. 

3101. State and county equalized rates stated.] §131. It 
shall be the duty of the county clerk to make, in each collector’s book, 
a certificate of the rate of deduction or addition determined by the State 
Board of Equalization in the county to which such books shall per¬ 
tain; and, also, the rate of addition or deduction determined by the 
county board in the town, district, city, or village to which such book 
shall pertain. 

3102. Collector’s warrant.] § 132. To each collector’s book 
a warrant, under the hand and official seal of the county clerk, shall 
be annexed, commanding the collector to collect from the several 
persons named in said book, the several sums entered in the column 
of totals opposite their respective names. The warrant shall direct 
the collector to pay over the several kinds of taxes that may be collected 
by him, to the respective officers entitled thereto, less the compensa¬ 
tion for collection allowed him by law. [As amended by act approved 
June 2, 1881. In force July 1, 1881.] 

DELIVERY OF COLLECTOR'S BOOKS—WARRANTS. 

3103. Order to pay over taxes collected.] § 138. The war¬ 
rant shall direct the town or district collector, after deducting the com¬ 
pensation to which he may be legally entitled, to pay over to the proper 
officers the amount of tax collected for the support of highways and 
bridges, and to the supervisor of the town the moneys which shall 
have been collected therein, to defray town expenses; to the proper 
school officers, the district school tax; to the city or incorporated town 
or village treasurer, or other proper officer, the taxes or special as¬ 
sessments collected by him for such city or incorporated town or vil¬ 
lage, or others, as often and at such times as may be demanded by 
the proper officer; and to the county collector, the county tax and the 
taxes payable to the state treasury collected by him. 

3104. County clerk’s certificate to county collector.] § 139. 
On the delivery of the tax books to the town or district collectors, the 
clerk shall make a certified statement setting forth the name of each 
town or district collector, the amount of taxes to be collected and 
paid over for each purpose for which the tax is levied in each of the 
several towns or districts, cities and villages, and furnish the same 
to the county collector. 

MANNER IN WHICH TAXES ARE TO BE COLLECTED. 

3105. Kind of funds.] § 154. The county revenue shall be 
collected in gold and silver coin, United States legal tender notes, 
current national bank notes, county orders and jury certificates, and 
in no ether currency. The revenue for state purposes shall be col¬ 
lected in gold and silver coin, United States legal tender notes, cur- 

50 



786 


STATUTORY PROVISIONS. 


rent national bank notes and auditors’ warrants, and in no other cur¬ 
rency The revenue for city purposes shall be collected in gold and 
silver’ coin, United States legal tender notes, current national bank 
notes, city comptrollers’, city auditors’, or city clerks’ warrants or or¬ 
ders on the city treasurer, and in no other currency. State taxes lev¬ 
ied for any special purpose other than to defray the ordinary expenses 
of the state government shall be collected in gold and silver coin. 
United States legal tender notes, current national bank notes and in 
no other currency. All other taxes shall be collected in gold and 
silver coin, United States legal tender notes and in current national 
bank notes, and in no other currency unless otherwise specially pro¬ 
vided for. [As amended by act approved May 25, 1877. In force 
July 1, 1877.] 

SWORN STATEMENTS OF COLLECTIONS TO BE MADE—PAYMENTS. 

3106 . Thirty day settlements with cities, etc.] § 164. Town and 
district collectors shall, every thirty days, when required so to do by 
the proper authorities of incorporated towns, cities and villages, road 
and school districts, for which any tax is collected, render to said 
authorities a statement of the amount of each kind of tax collected 
for the same, and at the same time pay over to such authorities the 
amount so shown to be collected. [As amended by act approved 
May 3, 1873.] 

3107 . Thirty day settlements with county collector.] § 165. 
Such town and district collectors shall, every thirty days, render a sim¬ 
ilar account of the taxes payable to the state treasury, and of the 
county taxes, to the county collector, and at the same time pay over 
the amount of such taxes to said county collector. 

3108 . Local taxes to be paid over, etc.] § 166. Said town 
and district collectors shall pay over the town, road, school and other 
local taxes, as may be directed in the warrant attached to the collector’s 
book. 

3109 . Final settlement for local taxes before return.] § 167. 

Each town and district collector shall make final settlement for the 
township, district, city, village and town taxes, charged in the tax 
books, at or before the time fixed in this act for paying over and making 
final settlement for state and county taxes collected by them. In 
such settlements, said collectors shall be entitled to credit for the 
amount of their commissions on the amount collected, and for the 
amount uncollected on the tax books, as may be determined by the 
settlement with the county collector. 

3110 . Duplicate receipts.] § 168. The officer to whom any 
such moneys may be paid, under the preceding sections, shall deliver 
to the collector duplicate receipts therefor. 


REVENUE. 


787 

RETURN OF DELINQUENT SPECIAL ASSESSMENT. 

3111. To county collector—his duties—transfer of amount.] 

§ 178. When any special assessment made by any city, town or 
village, pursuant to its charter, or by any corporate authorities, com¬ 
missioners or persons, pursuant to law, remain unpaid in whole or in 
part, return thereof shall be made to the county collector on or before 
the tenth day of March next after the same shall have become payable, 
in like forms as returns are made for delinquent land tax. County col¬ 
lectors shall collect, account for, and pay over the same to the authori¬ 
ties or persons having authority to receive the same, in like manner 
as they are required to collect, account for and pay over taxes. The 
county collector may, upon return of delinquent special assessments to 
him, transfer the amounts thereof from such returns to the tax books 
in his hands, setting down therein, opposite the respective tracts, or 
lots, in proper columns to be prepared for that purpose, the amounts 
assessed against such tract or lot. [As amended by act approved May 

3.1873-] 

3112. Demand for assessment when tax paid.] § 179. When 
any special assessment is returned against property, the taxes upon 
which shall have been paid to the town or district collector, it shall be 
the duty of the county collector to cause demand to be made for the 
payment of such special assessment, or a notice thereof to be sent by 
mail, or otherwise, to the owner, if his place of residence is known. 
The certificate of a collector that such demand was made or notice 
given, shall be evidence thereof. 

3113. Form of receipt.] § 180. On the application of any 
person to pay any tax or special assessment upon any real property, 
it shall be the duty of the county collector to make out to such person 
a receipt, in which shall be noted all taxes and assessments upon such 
property, returned to such collector and not previously paid. [As 
amended by act approved June 2, 1881. In force July 1, 1881.] 

ADVERTISEMENT FOR JUDGMENT AND SALE. 

3114. When application for judgment made, etc.] §185. All 
applications for judgment and order of sale for taxes and special assess¬ 
ments on delinquent lands and lots shall be made at the June term of 
the county court. If from any cause the court shall not be holden at the 
term at which judgment is prayed, the cause shall stand continued, and 
it shall not be necessary to readvertise the list or notice required by 
law to be advertised before judgment and sale, but at the next regular 
term thereafter the court, shall hear and determine the matter; and if 
judgment is rendered the sale shall be made on the Monday specified 
in the notice as provided in section 182, such Monday to be fixed by 
the county collector in the notice. If for any cause the collector is 
prevented from advertising and obtaining judgment at said term it 
shall be held to be legal to obtain judgment at any subsequent term 


788 


STATUTORY PROVISIONS. 


of said court; but if the failure arises by the county collector’s not 
complying - with any of the requirements of this act, he shall be held on 
his official bond for the full amount of all taxes and special assess¬ 
ments charged against him: Provided, That any such failure on the 
part of the county collector shall not be allowed as a valid objection 
to the collection of any tax or assessment, or to a rendition of a judg¬ 
ment against any delinquent lands or lots included in the application 
of the county collector: And provided further, That on the applica¬ 
tion for judgment at such subsequent term it shall not be deemed 
necessary to set forth or establish the reasons of such failure. And 
provided further, That in counties where Probate Courts have been 
or may hereafter be established it shall be lawful to make such applica¬ 
tion for judgment and order of sale to the May term of the County 
Court. [As amended by act which became a law and in force June 
26, 1895.] - . f§| ; 

FINAL SETTLEMENT OF COUNTY COLLECTOR. 

3115. Statement to county clerk.] § 231. On or before the 
third Monday in June, annually, the county collector shall make out 
and file with the county clerk a statement in writing, setting forth, 
in detail, the name of each person charged with personal property 
tax which he has been unable to collect, by reason of the removal 
or insolvency of the person charged with such tax, the value of the 
property, and the amount of tax, the cause of inability to collect such 
tax, in each separate case, in a column provided in the list for that 
purpose. Said collector shall, at the same time, make out and file with 
the county clerk a similar detailed list of errors in assessment of real 
estate, and errors in footing of tax books, giving in each case a de¬ 
scription of the property, the valuation and amount of several taxes 
and special assessments, and cause of error. The truth of the state¬ 
ments contained in such lists shall be verified by affidavit of the county 
collector. County collectors, in cases of removals and insolvencies, 
may give, as the cause of inability to collect, the same cause as sworn 
to by the town or district collectors, stating in their return the fact 
that such was the statement made by the town or district collector, 
and that such tax still remains uncollected. 

3116. Credit on forfeited property—printer’s fee.] § 232. If 
any lands or lots shall be forfeited to the state for taxes or special as¬ 
sessments, the collector shall be entitled to a credit in his final settle¬ 
ment, for the amount of the several taxes and special assessments 
thereon—the county to allow the amount of printers’ fees thereon, and 
be entitled to said fees so allowed, when collected. 

3117. Settlement with county board.] § 233. On the third 
Monday in June, annually, the county board shall settle with and allow 
the county collector credit for such allowance as he may be legally 
entitled to. 

3118. When collector to account with clerk.] § 234. If there 
be no session of the county board held at the proper time for settling 


REVENUE. 


789 


and adjusting the accounts of the county collector, it shall be the duty 
of the collector to file the lists with the county clerk, who shall exam¬ 
ine said lists and correct the same, if necessary, in like manner as 
said board is required to do. Said county clerk shall make an accurate 
computation of the value of the property and the amount of the delin¬ 
quent tax and special assessments returned, for which the collector is 
entitled to credit. 

3119. Clerk to certify to auditor.] §235. The county clerk 
shall immediately, in either case, certify to the auditor of public ac¬ 
counts the valuation of property, and the amount of state taxes due 
thereon, for which the collector may be allowed credit. 

3120. Clerk to certify to local authorities, etc.] § 236. The 
county clerk shall also, at the same time, certify to the several authori¬ 
ties or persons with whom the county collector is to make settlement, 
showing the valuation of property and amount of taxes and special as¬ 
sessments due thereon allowable to said collector in the settlement of 
their several accounts. 

3121. Credits on final settlement — examination of ac¬ 
counts, etc.] § 237. The auditor and other proper authorities or 
persons shall, in their final settlements with the collector, allow him 
credit for the amount so certified: Provided, that if the auditor or 
such other proper authorities or persons shall have reason to believe 
that the amount stated in said certificate is not correct, or that the 
allowance was illegally made, he or they shall return the same for 
correction; and when the same shall appear to be necessary, in the 
opinion of the auditor or such other proper authorities or persons, he 
or they shall designate and appoint some competent person to ex¬ 
amine the collector’s books and settlement, and the person so desig¬ 
nated and appointed shall have access to the collector’s books and pa¬ 
pers, appertaining to such collector’s office or settlement, for the pur¬ 
pose of making such examination. 

3122. Final order—corrections, etc.] § 238. In all cases 
when the adjustment is made with the county clerk, the county board 
shall, at the first session thereafter, examine such settlement, and if 
found correct shall enter an order to that effect; but if any omission 
or error is found, said board shall cause the same to be corrected, 
and a correct statement of the facts in the case forwarded to the auditor 
and other proper authorities or persons, who shall correct and adjust 
the collector’s accounts accordingly. 

PARTIAL SETTLEMENT OF COUNTY COLLECTORS. 

3123. April statement to clerk.] § 239. On or before the 
tenth day of April, annually, after he has made settlement with town 
or district collectors, the county collector shall make a sworn state¬ 
ment, showing the total amounts of each kind of tax received by him 
from’town or district collectors, and the total amount of each col- 


790 


STATUTORY PROVISIONS. 


lected by himself—which statement shall be filed in the office of county 
clerk. [As amended by act approved May 3, 1873.] 

3124 . Clerk to notify auditor, etc., amount due them.] 
§ 240. The clerk shall immediately, on the receipt of such statement, 
certify to the auditor and to other proper authorities or persons, the 
amount for which the collector is required to settle with them severally. 

3125 . April payment to state treasurer.] § 241. The 
county collector shall, on or before the fifteenth day of April following, 
pay over to the state treasurer the taxes in his hands, payable to the 
state treasury, as shown by the statement required by section 239, of 
this act. £As amended by act approved May 3, 1873.] 

3126 . Effect of failure of a collector to obtain judgment.] 
§ 242. The failure of any county collector to obtain judgment shall 
not prevent him from presenting his statement of credits, and making 
settlement for taxes and special assessments in his hands, at the time 
required by this act; but if, from no fault of the collector, he fail to 
obtain judgment and sale of delinquent real estate at the time re¬ 
quired by this act, shall be allowed, in his settlements, a temporary 
credit for the amount of taxes and special assessments in such delin¬ 
quent list, which delinquent taxes and special assessments shall be ac¬ 
counted for and paid immediately after sale is had. 

3127 . April payment to local authorities.] § 243. He shall, 
within the same time, pay over to the other proper authorities or per¬ 
sons, the amounts so shown to be in his hands, and payable to them. 

3128 . To pay cities, etc., every ten days.] § 244. The 
county collector shall report and pay over the amount of tax and 
special assessments, due to towns, districts, cities, villages, corporations 
and persons, collected by him on delinquent property, at least once 
in every ten days, when demanded by the proper authorities or persons. 

3129 . Failure to make report—suit.] § 245. Any county 
collector failing to make the reports and payments hereinbefore re¬ 
quired, for five days after the time specified for that purpose, or after 
demand made as aforesaid, the auditor or such other authorities or per¬ 
sons, may bring suit upon the collector’s bond. 

3130 . Failure to account and pay over—suit.] § 246. If 
any county collector fails to account and pay over as required in the 
preceding sections, his office may be declared vacant by the county 
board, or by any court in which suit is brought on his official bond. 

3131 . When bond sued by city, town, etc.] § 262. Cities, 
towns, villages or corporate authorities, or persons aggrieved, ma v 
prosecute suit against any collector or other officer collecting or re¬ 
ceiving funds for their use, by suit upon the bond, in the name of 
the People of the State of Illinois, for their use, in any court of com¬ 
petent jurisdiction, whether the bond has been put in suit at the in¬ 
stance of the auditor or not; and in case of judgment thereon the 
auditor may, if he shall so elect, have a writ of inquiry of damages for 
any amount that may be due to the state treasury from such officer. 
Cities, towns, villages and other corporate authorities or persons, shall 


REVENUE. 


791 


have the same rights in any suits or proceedings in their behalf as is 
provided in case of suits by or in behalf of the state. [As amended by 
act approved March 24, 1874.] 

WHEN RECORDS ARE DESTROYED. 

3132. New assessment.] § 269. When assessment rolls or 
collectors books, in whole or in part, of any county, town, city, in¬ 
corporated village or district, shall be lost or destroyed by any means 
whatever, a new assessment, or new books, as the case may require, 
shall be made under the direction of the county board. Said board 
shall, in such cases, fix reasonable times and dates for performing the 
work of assessment, equalization, levy, extension and collection of 
taxes, and paying over the same, or making new books, as the circum¬ 
stances of the case may require. All the provisions of this act shall 
apply to the dates fixed by the county board, in the same manner that 
they apply to the dates for similar purposes, as fixed by this act. The 
county board is hereby fully empowered to select and appoint persons, 
where it may find the same necessary, to carry into effect the provisions 
of this section. 

3133. Special assessment — return limited.] §279. When 
any special assessment is not returned to the county collector on or 
before the first day of March next after it is due, the same may be re¬ 
turned on or before the first day of March in the succeeding year; 
and, if not then returned, it shall be considered barred, unless return 
is prevented by an injunction or order of court; and the time such 
return is thus prevented shall be excluded from the computation of 
such time. 

PENALTIES OF OFFICERS. 

3134. Delivering books before collector’s bond filed.] § 285. 

If any county clerk shall deliver the tax books into the hands of the 
county collector, or if any collector shall receive said books or collect 
any taxes until such collector’s bond has been approved and filed, as 
required by this act, said clerk and collector, and each of them, shall 
be liable to a penalty of not less than $500, and all damages and 
costs, to be recovered in an action of debt; and the auditor shall bring 
suit therefor, in the name of the People of the State of Illinois—the 
amount recovered on such fines to be paid into the state treasury as 
revenue fund. Nothing in this' section shall be construed as relieving 
the securities of a collector from liabilities incurred under a bond not 
approved and filed by the auditor. 

3135. Collector —neglect to obtain judgment, etc.] § 286. 
If any collector shall, by his own neglect, fail to obtain judgment at the 
May term of the county court, or shall fail to present his list of delin¬ 
quencies on personal property, or errors in assessment of real estate, 
at the time required by this act, he shall lose the benefit of any abate¬ 
ment to which he might have been entitled, and shall pay to the state 


792 


STATUTORY PROVISIONS. 


and county the full amount charged against him, after deducting the 
fees allowed by this act for collecting and paying over taxes. If the 
county court is not held at the May term, the collector shall have 
further time to pay over the amount due on the delinquent list. 

3136. Failure to do any duty under this act.] § 287. If any 
officer shall fail or neglect to perform any of the duties required of 
him by this act, upon being required so to do by any person interested 
in the matter, he shall be liable to a fine of not less than $10 nor more 
than $500, to be recovered in an action of debt in the circuit court 
of the proper county, and may be removed from office at the discretion 
of the court; and any officer who shall knowingly violate any of the 
provisions of this act, shall be liable to a fine of not less than $10 nor 
more than $1,000, to be recovered in an action of debt, in the name 
of the People of the State of Illinois, in any court having jurisdiction, 
and may be removed from office at the discretion of the court, and 
said fines, when recovered, shall be paid into the county treasury. 

3137. Refusal by clerk, assessor or other officer to do 
duty.] § 288. Every county clerk, assessor, collector or other offi¬ 
cer who shall in any case refuse or knowingly neglect to perform any 
duty enjoined upon him by this act, or who shall consent to or connive 
at any evasion of its provisions, whereby any proceeding required by 
this act shall be prevented or hindered, or whereby any property re¬ 
quired to be listed for taxation shall be unlawfully exempted, or the 
same be entered upon the tax list at less than its fair cash value, shall, 
for every such offense, neglect or refusal, be liable, on the complaint 
of any person, for double the amount of the loss or damage caused 
thereby, to be recovered in an action of debt, in the name of the People 
of the State of Illinois, in any court having jurisdiction, and may be 
removed from his office at the discretion of the court. 

COLLECTION OF TAXES AND ASSESSMENTS. 

An Act in relation to the collection of taxes and special assessments. 

[Approved and in force May 2, 1873. ] 

Whereas certain requirements of the general revenue law of this 
state, relating to the mode of advertising the list of delinquent taxes 
and special assessments, to making application for judgment thereon, 
and the manner of making the tax sale, are impracticable; and whereas, 
it is desirable to remove existing defects as to the manner of collecting 
the taxes and special assessments: therefore, 

3138. When description in special assessment different from 
tax books.] §1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: When a return to 
the county collector has been made or shall hereafter be made of any 
real estate delinquent for any special assessment, or annual installment 
thereof, levied by any incorporated city, town or village, or by anv 
corporate authorities, commissioners or persons, pursuant to law, 
which assessment or installment thereof is required by law to be in- 


REVENUE. 


793 


eluded in the advertisement and notice of application for judgment 
for state and county taxes, and the description or subdivision of any 
real estate described in such return is different from the description 
or subdivision thereof as described in the town or district collector’s 
book returned to such county collector, it shall and may be lawful 
for the county collector to advertise all the real estate delinquent 
for any such assessment described in such return, according to the 
description thereof, as contained in such return; but such advertise¬ 
ment shall be made at the same time, and shall form part of his ad¬ 
vertisement of real estate delinquent for state and county taxes. 

3139. How described.] § 2. The said real estate, so adver¬ 
tised, may be described in the county collector’s delinquent return, 
according to the description thereof, as contained in such return 
and advertisement; and like proceedings shall be had to the ap¬ 
plication for judgment, and the judgment thereon, the sale and is¬ 
suance of the certificate of the sale thereof, redemption from such sales 
and issuance of deeds thereon, as may be required by law to be had 
in regard to lands delinquent for state and county taxes. 

3140. City, etc., may buy in at sale.] § 3. Any incorpo¬ 
rated city, town or village, or corporate authorities, commissioners, 
or persons interested in any such special assessment or installment 
thereof, may become purchaser at any sale, and may designate and 
appoint some officer or person to attend and bid at such sale on its 
behalf. 

3141. Emergency.] § 4. Whereas many special assessments 
are now in process of collection, whereby an emergency exists why 
this, act shall take effect immediately: therefore, this act shall take 
effect and be in force from and after its passage. 


UNIFORMITY OF TAXATION. 

An Act to restore uniformity in the taxation of real and personal property, 
for all purposes, in the several counties and cities of this state. [Ap¬ 
proved January 4, 1872. In force July 1, 1872.] 

3142. Uniformity restored.] § i. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That the real and personal property within all incorporated towns 
and cities in every county in this state shall be taxable for all pur¬ 
poses, any local or special law in regard to exemption of any par¬ 
ticular town or city to the contrary notwithstanding; and all pro¬ 
visions of law in conflict with this act are hereby repealed; but noth¬ 
ing herein shall be construed as authorizing the taxation of property 
allowed to be exempt by any general law now in force or that may 
hereafter be passed. And all laws requiring any city to support and 
provide for its paupers, to assume liabilities, or perform duties re¬ 
quired of counties by the general laws of this state, are. hereby re¬ 
pealed; and the general laws of this state upon such subjects, in re- 


794 


STATUTORY PROVISIONS. 


lation to counties and cities, shall be applicable to all counties and 
cities in the state. 

REBATE AND REDUCTION OF TAXES, ETC. 

An Act to prevent the unjust collection, by incorporated cities and towns, 
of taxes levied upon property destroyed by fire, and to authorize the 
common council of such cities, or board of trustees of such towns, to 
change or amend appropriation bills, to pass new appropriation bills, 
to reduce taxes and special assessments in certain cases, and to dis¬ 
continue special improvements. [Approved and in force Jan. 18, 1872.J 

3143 . Rebate when property destroyed by fire.] §1. Be it 
enacted by the People of the State of Illinois, represented in the 
General Assembly, That whenever, in any incorporated city or town 
in this state, any property listed or assessed for municipal taxation, 
shall have been or shall hereafter be destroyed by fire, in whole or in 
part, before the levy of the municipal taxes of such city thereon, or be¬ 
fore the municipal taxes levied thereon shall have been collected, it shall 
and may be lawful for the mayor of such city or town—if there be no 
mayor, then the president of the board of trustees, the city comp¬ 
troller, if there should be one; and if not then the city clerk or town 
clerk, and the tax commissioner, if there should be one; if not, then 
the chairman of the finance committee of the city council, or board 
of trustees—to rebate or remit so much of such tax or taxes, so levied 
upon such property* as in their opinion should be rebated or remitted 
by reason of such property having been, in whole or in part, destroyed 
by fire. 

3144 . Reduce or release tax or assessment.] § 2. That when¬ 
ever, in any incorporated city or town in this state, any large portion 
of the taxable property of such city shall have been or shall hereafter 
be destroyed by fire, so as to seriously impair or affect the ability of 
the property owners of such city or town to pay taxes or special assess¬ 
ments thereon, and an appropriation bill has been made or passed, 
or special improvements ordered before such fire, and the tax or 
assessment for the payment or raising of the same has not been levied 
or collected, it may be lawful for the city council or board of trustees 
of any such town to alter, revise, change, reduce or vacate, or repeal 
such appropriation bill, or any part of the same, and to order the dis¬ 
continuance of said special improvements, or any of the same, or to 
reduce the amount of taxes or special assessments ordered to be 
levied, or assessed, or collected for any general or special purpose, 
and to pass a new appropriation bill; which new appropriation bill shall 
have the same force and effect as if the same had been passed within 
the time prescribed by the charter of any such city or such corporate 
town. 

3145 . Emergency.] § 3. Whereas a large amount of property 
listed for taxation in the city of Chicago, and in other cities and towns 
of this state, has been destroyed by fire before the taxes thereon have 
been paid, which taxes it would be unjust to collect, it is declared 


REVENUE. 


795 


that an emergency exists that this law go into force immediately, 
and therefore it is enacted that this law shall be in force from and 
after its passage. 

SURPLUS FUND OR TAX. 

An Act to prohibit any city, town or village in this state from receiving 
from the county treasury a greater proportion of the surplus fund or 
tax, than shall be received by any other city, town or village within 
the same county. [Approved May 4, 1877, and in force July 1, 1877.] 

3146. Proportion of tax.] § 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
no city, town or village within any county in this state, shall be entitled 
to or shall receive from the county treasury of such county any greater 
proportion of surplus of all taxes which may be collected for county 
purposes, than any other city, town or village within the county. 

3147. Drawback—amount city, etc., may receive.] § 2. Nor 
shall any such city, town or village be entitled to, or receive from the 
county treasury any greater drawback of its proportion of the taxes 
paid into the county treasury, by reason of any appropriation by the 
county board, out of the county treasury for the making and repairing 
of roads and highways, the building and repairing of bridges in such 
county, without any such city, town or village within such county, 
than is now allowed by law to all other cities, towns and villages within 
the same county. Any acts, or parts of acts, conflicting with this act, 
are hereby repealed. 

MUNICIPAL TAXES. 

An Act in regard to the assessment and collection of municipal taxes. 

[Approved May 23, 1877. In force July 1, 1877.] 

3148. How may be assessed and collected.] §1. Be it enacted 
by the People of the State of Illinois, represented in the General As¬ 
sembly, That all cities, villages and incorporated towns in this 
state, whether organized under the general law or special charters, 
shall assess and collect their taxes in the manner provided for in article 
eight (8) of the act entitled, “An act to provide for the incorporation 
of cities and villages/' approved April 10, 1872, and in the manner 
provided for in the general revenue laws of this state; and all acts, 
or parts of acts, inconsistent with the provisions of this act, are hereby 
repealed. 

RATE OF TAXATION. 

An Act in relation to the rate of Taxation in Cities, Villages and In¬ 
corporated Towns. [Approved and :n force May 30, 1881.] 

3149. Rate of taxation.] § 1. Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That all 
cities, villages and incorporated towns in this state not now having, 
by their respective charters, the power to levy and collect as high a 
rate of taxation as is herein authorized and provided for, shall here- 


796 


STATUTORY PROVISIONS. 


after have power to assess, levy and collect annually upon the taxable 
property within their respective limits, for all corporate purposes, in ad¬ 
dition to all taxes which any such city, town or village may now or 
hereafter be authorized by law to levy and collect to support and 
maintain schools, erect school buildings and for all other school pur¬ 
poses, and to pay interest on its registered bonded indebtedness, such 
an amount as their respective corporate authorities may prescribe, not 
exceeding in any year the rate of one per cent, of the assessed valuation 
of such taxable property as equalized by the State Board of Equaliza¬ 
tion for the preceding year. And the said rate authorized by this act 
shall be in lieu of all rates and items of taxation now provided and 
authorized in such charters, for all purposes other than for schools, 
the erection of school buildings, and all other school purposes, and for 
paying interest on the registered bonded indebtedness of such city, 
town or village. 

3150 . Legalization—levy.] §2. Every tax levy made for lawful 
corporate purpose by any city, village or incorporated town, within 
this state, in the year 1880, up to the rate of taxation above authorized, 
is hereby ratified, authorized, legalized and confirmed to the same effect 
in all respects as though such levy had been made subsequent to the 
going into effect of this act. 

3151 . Emergency.] § 3. Whereas, an emergency exists, by 
reason of certain cities in this state being now without necessary power 
to levy taxes, therefore, this act shall take effect and be in force 
from and after its passage. 

REFUNDING ILLEGAL TAXES. 

An Act to refund illegal taxes. [Approved June 27, 1885. In force 

July 1, 1885.H 

3152 . City may refund illegal taxes—limitation.] §1. Be 
it enacted by the People of the State of Illinois, represented in the 
General Assembly, That, whenever, in any of the cities of this State, any 
taxes for city purposes have been collected and paid into the city 
treasury without authority of law, and the city council of such cities 
have caused certificates to be issued to the persons or corporations 
who have paid such illegal taxes, certifying that such taxes were illegal¬ 
ly assessed and collected, the city council of such cities are hereby 
authorized to make an appropriation as soon as possible after this 
act shall take effect for the purpose of refunding such illegal taxes, 
with six per cent, interest per annum from the date of such certifi¬ 
cates, and warrants shall be drawn for the payment of such sums 
and interest, out of the fund so appropriated, to the persons or corpora¬ 
tions who obtained such certificates, or their assignees or legal repre¬ 
sentatives in the usual manner prescribed by the charter of said cities, 
or by the general law: Provided, such certificates are presented to the 
comptroller of such cities for exchange for warrants within two years 


1 


REVENUE. 


797 


after this act shall g3 into effect. And the treasurers of any such cities 
shall pay said warrants out of said appropriations. 


TAX ON RECEIPTS OF INSURANCE COMPANIES. 

Ax Act to amend section thirty (30) of an act entitled “An act to incorpo¬ 
rate and govern fire, marine and inland navigation insurance companies, 
doing business in the state of Illinois." [Approved March 11, 1869.] 

3153. Tax on net receipt.] § 30. Every agent of any insur¬ 
ance company incorporated by the authority of any other state or 
government, shall return to the proper officer of the county, town or 
municipality in which the agency is established, in the month of May, 
annually, the amount of the net receipts of such agency for the preced¬ 
ing year,, which shall be entered on the tax lists of the county, town 
and municipality, and subject to the same rate of taxation for all pur¬ 
poses—state, county, town and municipal—that other personal property 
is subject to at the place where located; said tax to be in lieu of 
all town and municipal licenses; and all laws and p^rts of laws in¬ 
consistent herewith are hereby repealed: Provided, that the provisions 
of this section shall not be construed to prohibit cities having an or¬ 
ganized fire department from levying a tax, or license fee, not ex¬ 
ceeding two per cent., in accordance with the provisions of their re¬ 
spective charters, on the gross receipts of such agency, to be applied 
exclusively to the support of the fire department of such city. [As 
amended by act approved May 31, 1879. I n force July 1, 1879.] 

TAX OR LICENSE FEE FROM FOREIGN FIRE INSURANCE COMPANIES. 

An Act entitled “An act to enable cities, towns and villages, organized under 
any general or special law to levy and collect a tax or license fee from 
foreign fire insurance companies for the benefit of organized fire de¬ 
partments.” [This act became a law May 31, 1895. In force Julyi, 1895.] 

3154. Foreign fire insurance companies to pay tax or license 
fee — penalty.] § 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all corporations, 
companies and associations not incorporated under the laws of this 
State, and which are engaged in any city, town or village organized 
under any general or special law of this State in effecting fire insur¬ 
ance shall pay to the treasurer of the city, town or village, for the 
maintenance, use and benefit of the fire department thereof, a sum 
of not exceeding two per cent, of the gross receipts received by their 
agency in such city, town or village. Cities, towns and villages 
are hereby empowered to prescribe by ordinances the amount of 
tax or license fee to be fixed, not in excess of the above rate, and at 
that rate such corporations, companies and associations shall pay, 
upon the amount of all premiums, which during the year ending on 
every first day of July shall have been received for any insurance 
effected or agreed to be effected in the city, town or village, by or 


798 


STATUTORY PROVISIONS. 


with such corporation, companies or associations respectively. Every 
person who shall act in any city, town or village as agent or other¬ 
wise for or on behalf of any such corporation, company or association, 
shall, on or before the 15th day of July of each and every year, render 
to the city, town or village clerk, a full, true and just account, verified 
by his oath, of all the premiums which during the year ending on every 
first day of July preceding such report, shall have been received by him 
or any other person for him in behalf of any such corporation, com¬ 
pany or association, and shall specify in said report the amounts re¬ 
ceived for fire insurance. Such agents shall also pay to the treasurer 
of any such city, town or village at the time of rendering the afore¬ 
said report, the amount of rates fixed by the ordinances of the said 
cities, towns or villages for which the companies, corporations or as¬ 
sociations represented by them are severally chargeable by virtue 
of this act, and the ordinances passed in pursuance hereof. If such 
account be not rendered on or before the day herein designated for 
that purpose, or if the said rates shall remain unpaid after that day, 
it shall be unlawful for any corporation, company or association so in 
default to transact any business of insurance in any such city, town 
or village until the said requisitions shall have been fully complied 
with; but this provision shall not relieve any company, corporation 
or association from the payment of any risk that may be taken in viola¬ 
tion hereof. 

3155 . Penalty for violating this act.] § 2. Any person or 
persons violating any of the provisions of this act shall be subject 
to indictment, and upon conviction thereof in any court of competent 
jurisdiction, shall be fined in any sum not exceeding one thousand 
($1,000) dollars or imprisoned in the county jail not exceeding six 
(6) months, either or both, in the discretion of the court. The amount 
of said tax or license fee may also be recovered of said corporation, 
company or association, or its agent, by an action in the name and for 
the use of any such city, town or village as for money had and re¬ 
ceived. Provided, That this act shall only apply to such cities, towns 
and villages as have an organized fire department, or maintain some 
organization for the prevention of fires. 

3156 . Repeal.] § 3. All acts or parts of acts in conflict 
with the provisions of this act are hereby repealed. 


SEWERAGE, WATER AND LIGHT TAXES. 

^ i n rotation to the levy and collection of taxes for sewerage and 
water-works in cities of this State, that may have established a system 
of sewerage and water-works for such city, and to repeal and act 
therein named, and to authorize the cities, villages and incorporated 
tovvns of this State to levy and collect taxes to pay for water and 
light. [Approved June 21, 1883. In force July 1, 1883.] 

3157 . Sewerage fund tax.] § i. Be it enacted by the Peo¬ 
ple 01 the State of Illinois, represented in the General Assembly, That 


REVENUE. 


799 


the legislative authority of any city which now has, or may hereafter 
have, established a system of sewerage for such city, shall have power 
annually to levy and collect a tax upon the taxable real and personal 
estate of such city, not to exceed one mill on the dollar, for the ex¬ 
tension and laying of sewers therein, and the maintenance of such 
sewers, which tax shall be known as “The sewerage fund tax,” and 
shall be levied and collected in the same manner that other general 
taxes of any such city are levied and collected: Provided, however, 
that the board of public works of such city, if any, or the head of the 
sewer department of such city, shall first certify to such legislative 
authority the amount that will be necessarv for such purpose: Pro¬ 
vided, further, that a two-thirds majority of all the members elect of 
the legislative authority of such city may levy a tax for such pur¬ 
poses not to exceed three mills on each dollar of the taxable property 
of such city: and, provided, such “sewerage fund tax” shall not be 
included, prior to the year 1891, in the aggregate amount of taxes 
as limited by section one (1) of article eight (8) of “An act for the in¬ 
corporation of cities and villages,” approved April 10, 1872. [As 
amended by act approved and in force March 22, 1889.] 

3158 . Water fund and light tax.] § 2. The legislative author¬ 
ity of any city which now has, or which may hereafter have established 
or hired water-works for the supply of water to the inhabitants thereof, 
shall have power t^ anually levy and collect a tax upon the taxable 
real and personal estate of any such city, whether organized under a 
special charter or the general law, not to exceed one mill on the dollar, 
for the extension of water mains or pipes therein, and the maintenance 
of such water-works, or to the creation of a sinking fund to be applied 
to the establishment of water-works, which tax shall be known as the 
“Water Fund Tax,” and shall be levied and collected in the same 
manner that other general taxes of any such city are levied and col¬ 
lected: Provided, that the board of public works of such city, if any, 
or the head of the water department of such city, shall first certify to 
such legislative authority, the amount that will be necessary for such 
purposes, and shall further certify that the revenue or income from such 
water-works will be insufficient therefor: Provided, further, that two- 
thirds majority of all the members elect of the legislative authority 
of such city may levy a tax for such purposes, not to exceed three mills 
on each dollar of the taxable property of such city: And, provided, fur¬ 
ther, that the legislative authority of each of the cities, 
villages and incorporated towns in this State, , with the 
concurrence of two-thirds of the members thereof, shall 
be authorized to levy, and collect annually, upon the taxable prop¬ 
erty within its limits, in addition to all other taxes now authorized 
by law, a tax of not exceeding three mills on the dcllar of such taxable 
property to be used exclusively for the purpose of lighting streets, and 
a further tax of not exceeding two mills on the dollar of such taxable 
property, to be used exclusively for the purpose of supplying water to 


800 


STATUTORY PROVISIONS. 


such city, village or incorporated town: Provided, also, that nothing 
in this act shall be so construed as to increase the amount of aggregate 
taxes that may be levied in any one year by any city or viflage as 
provided in section one (i), of article VIII of an act entitled “An act 
to provide for the incorporation of cities and villages,” approved April 
io, 1872. 

3159 . Repeal.] § 3. An act entitled “An act in relation to the 
levy and collection of taxes for sewerage and water-works in the cities 
of this State, that may have established a system of sewerage and 
water-works for such city,” approved and in force April 22, 1871, is 
hereby repealed. 

APPORTIONMENT OF SPECIAL ASSESSMENTS PAYABLE IN INSTALLMENTS. 

An Act concerning the apportionment of special assessments payable in in¬ 
stallments. [Approved April 13, 1875. I n force July 1, 1875.] 

3160 . Apportionment of special assessments payable in install¬ 
ments.] § 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all cases where any 
special assessment, payable in installments, has been, or hereafter shall 
be made by any corporate authority, for supplying water, or other cor¬ 
porate purpose, and the owner or owners of any lot, block or parcel of 
land so assessed, or some of them, shall desire to subdivide the same, 
and to apportion such assessment and the several installments thereof 
in such manner that each parcel of such proposed subdivision shall bear 
its just and equitable proportion thereof, the same may be done in the 
manner following, to-wit: The owner or owners of such lot, block 
or parcel of land shall present to such corporate authority a petition, 
setting forth: 

1. The descriptive character of the assessment and the date of the 
confirmation of the same. 

2. The names of the owners. 

3. A description of the land proposed to be subdivided, together 
with the amount of each installment thereon, and the year or years 
for which the same are due. 

4. A plat showing the proposed subdivision. 

5. The proposed apportionment of the amount of each installment 
on each lot or parcel according to such proposed subdivision. Such peti¬ 
tion shall be acknowledged in the manner provided for the acknowl¬ 
edgment of deeds, and if such corporate authority shall be satisfied 
therewith, they shall cause to be indorsed upon or attached to such 
petition their approval by their clerk or secretary, under their corpo¬ 
rate seal, and the same, so approved, shall be filed and recorded in the 
office of the county clerk in which such land shall be situate, and such 
apportioned assessment shall stand in place of the original assess¬ 
ment, and the same and the several installments thereof shall be 
deemed duly apportioned, and the several amounts so apportioned 
shall be liens upon the several parcels charged, respectively; and for the 


REVENUE. 


801 


purpose of collecting the same all proceedings shall be had and taken 
as if said assessment and installments had been made and apportioned 
in the first instance according to such apportioned description and 
amounts, and ihe respective owners shall be held to have waived every 
and all objections to such assessment and the apportionment aforesaid: 
Provided, this act shall not apply to any lot, block or parcel of land 
on which there shall remain due and unpaid any installment. In case 
the owners are unable to agree as to such apportionment, or any of 
them are under legal disability, one or more of them may file a petition 
with the circuit court of the county in which such land so assessed 
is situate, substantially in form as hereinbefore provided; and in such 
ease such corporate authority, together with all owners or persons 
interested, not joined as petitioners and unknown owners, if any, shall 
be made parties defendant, and all proceedings in relation thereto shall 
be had as in cases in chancery. The court may hear and determine the 
case according to the right of the matter. A copy of the record of the 
proceedings of the court in the premises in case of an apportionment, 
duly certified, shall be filed and recorded in the office of such county 
clerk, and the same shall thereupon, as to the land therein embraced, 
the owners thereof, the apportionment aforesaid, and the collection 
of the several amounts apportioned, have the same force and effect 
as is hereinbefore provided in cases where such corporate authorities 
shall approve of a petition and file and record the same. 


(i) An Act to authorize the division of special assessments in cities, towns 
and villages into installments, and authorizing the issue of bonds to 

anticipate the collection of the deferred installments. [Approved June 
17, 1893. In force July 1, 1893.] 

3161. Assessment may be divided into installments.] § 1 . 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That whenever the corporate authorities of any 
city, town or village have heretofore levied, or shall hereafter levy any 
special assessment pursuant to law, it shall be lawful for such corpo¬ 
rate authorities at any time, prior to the commencing the collection 
thereof, to provide by ordinance that said assessment be divided 
into installments not more than seven in number, the first of which 
installments shall be due and payable on and after confirmation 
thereof and the second installment one year thereafter, and so on 
until all are paid. But such division shall be so made that the first in¬ 
stallment shall include all the fractional amounts, leaving each 
remaining installments equal in amount and multiples of $ 100 , which 
said assessment and installments shall bear interest from and after 
thirty days succeeding the date of confirmation at the same rate and 
be collected in like manner as is now provided by law: Provided, 
that any special assessment levied for building sewers and laying 
water mains may in like manner be divided into not exceeding ten 

installments. 

51 



802 


STATUTORY PROVISIONS. 


3162. Bonds to issue in anticipation of collections.] § 2. 
That for the purpose of anticipating the collection of the second and 
succeeding installments provided for in the next preceding section 
it shall be lawful for such corporate authorities to issue bonds pay¬ 
able out of said installments bearing interest at the rate of not to 
exceed six per centum per annum, payable annually, and signed by 
such officers as may by ordinance be prescribed; said bonds shall be 
issued in sums of $ioo or some multiple thereof, but shall not be dated 
or issued until at least ninety days after the installment out of which 
they are payable begins to draw interest. Each bond shall state on 
its face out of which installment it is payable, and state by number or 
other designation, the assessment to which such installment belongs. 
Such bond shall not exceed in the aggregate the amount of such 
deferred installments, and shall be divided into as many series as 
there are deferred installments, and one series shall become due in 
one year from date, the second series in two years from date, and so 
on. Provided, the corporate authorities issuing such bonds may, if 
they deem it for the best interests of the property owners, make such 
bonds redeemable at the option of the corporation issuing the 
same at the time of any annual payment of interest, on twenty days’ 
notice being given by the proper authorities in a newspaper published 
in the county in which the corporation issuing such bonds is located, 
and such bonds may be in substantially the following form: 


$ 


STATE OF ILLINOIS, 
County of. 

.of.%_ 


Series Name. 
Bond No.. 


IMPROVEMENT BOND. 


The.of.in.county, Illinois, for 

value received, promises to pay to bearer on the.day of. 


A. D., the sum of .. dollars, with interest thereon from 

date hereof, at the rate of.per centum per annum, payable annually on 

presentation of the coupons hereto annexed. 

Both principal and interest of this bond are payable at the office of the 
treasurer of said.of. 

This bond is issued to anticipate the collection of a part of the. 

installment of special assessment No.levied for the purpose of 

;.....which said installment bears 

interest from the.day of.. A. D ., and this bond and 

the interest thereon are payable solely out of said installment when collected. 

Dated this.day of.A. D. 

Which said bonds may have coupons attached to represent the in¬ 
terest to accrue thereon. 

Said bonds may be sold or paid to the contractor having the con¬ 
tract for the improvement for which the assessment was levied at 
not less than their par value and interest accrued to time of delivery 
whether sold or paid to the contractor. 

























RIOTS. 


803 


3163. Applies to all municipal corporate bodies.] § 3. 

Corporate authorities as used in this act shall be held to include "the 
city council of cities, and the board of trustees of towns and villages, 
and the body authorized to enact ordinances in any city, town or 
village. 

3164. Assessments may be paid in bonds.] § 4. Any 
property owner may pay his assessment wholly or in part with the 
bonds issued under this act on account of such assessment, and in 
making such payment such bonds shall be taken at their par value 
and interest accrued to the date of making the same. All bonds re¬ 
ceived in payment of such assessment shall be cancelled by the offi¬ 
cers receiving the same as of the date of their receipt and deposited 
with the treasurer of the city, town or village issuing the same. 


RIOTS. 


An Act to indemnify the owners of property for damages occasioned by 

mobs and riots. [Approved June 15, 1887. In force July i, 1887.] 

3165. City, or if not in city, county, liable for three-fourths 
damages.] § I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever any building 
or other real or personal property, except property in transit, shall be 
destroyed or injured in consequence of any mob or riot composed 
of twelve or more persons, the city, or if not in a city, then the county 
in which such property was destroyed, shall be liable to an action by 
or in behalf of the party whose property was thus destroyed or in¬ 
jured, for three-fourths of the damages sustained by reason thereof. 

3166. Action, how brought—judgment.] § 2. Such action 
may be brought in the form of an action on the case, or other ap¬ 
propriate action, and whenever any final judgment shall be secured 
against any such city or county in any such action, the same shall be 
paid in due course as in case of other judgments. 

3167. When entitled to recover.] § 3. No person or in¬ 
corporation shall be entitled to recover in any such action if it shall 
appear on the trial thereof that such destruction or injury of property 
was occasioned or in any way aided, sanctioned or permitted by the 
carelessness, neglect or wrongful act of such person or corporation: 
nor shall any person or corporation be entitled to recover any damages 
for any destruction or injury of property as aforesaid, unless such 
party shall have used all reasonable diligence to prevent such damage. 

3168. Action by party against persons engaged in riot — 
lien of city, etc.] § 4. Nothing in this act shall be construed 
to prevent any person or corporation whose property has been injured 


1 



804 


STATUTORY PROVISIONS. 


or destroyed in consequence of any mob or riot, from having or main¬ 
taining an action or actions against any person or persons, engaged 
or in any manner participating in such mob or riot, for the recovery 
of the damages sustained thereby: Provided, that when such city 
or county, shall have paid any part of such damage, such city, or 
county, making such payment shall have a lien to the amount so paid 
upon any judgment or claim, against any person or persons en¬ 
gaged in, or in any manner participating in such mob or riot, together 
with the right and power to enforce and collect such judgment or 
claim, and when such city or county shall have been reimbursed the 
money so paid by it, such portion of such judgment or judgments, or 
claim or claims remaining unpaid shall then revert to, and become 
the property of the original owner thereof, and such owner shall have 
the right to enforce and collect the same. 

3169. Action by city or county against persons engaged 
in riot.] § 5. It shall be lawful for the city or county against 
which a judgment, or judgments, for damages shall be recovered 
under the provisions of this act, to bring an action, or actions against 
any person or persons engaged or in any manner participating in 
said mob or riot, for the recovery of the amount of said judgment 
or judgments and costs, and such action shall not abate or fail by 
reason of too many or too few parties defendant being named therein; 
the same shall to all intents and purposes be treated as an action of 
trespass brought by the owners of such property, except that the 
statute of limitations as to such action shall not begin to run against 
said city or county until its liability is fixed by judgment as herein¬ 
before provided. 

3170. Notice of claim of damages—when action shall be 
brought.] § 6. No action shall be maintained under the pro¬ 
visions of this act, by any person or corporation whose property shall 
have been destroyed or injured as aforesaid, unless notice of claim for 
damages be presented to such city or county within thirty days after 
such loss or damage occurs, and such action shall be brought within 
twelve months after such destruction or injury occurs, but nothing 
in this act shall be construed as authorizing any recovery by the 
United States, the State of Illinois, or any county, for the destruction 
of, or injury to property by mobs or riots. 

3171. When city or county settles claim.] § 7. Any 
city or county may settle with, and pay, the owner of any such prop¬ 
erty the damages so sustained; and any such city or county which 
shall have paid any sum under the provisions of this act, whether 
by voluntary settlement or otherwise, may recover the same with all 
costs paid by it from any or all the persons engaged in the destruction 
or injury of the property so paid for. 


I 


SALARIES OF CITY OFFICERS—SCHOOLS. 805 


SALARIES OF CITY OFFICERS. 

An Act to enable the corporate authorities of cities to establish and fix 
the salaries of city officers. [Approved and in force April 23, 1873.] 

3172. When to be fixed—not changed during term.] § i. 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, It shall and may be lawful for the common council 
or legislative authority of any city in this state to establish and fix 
the amount of salary to be paid any and all city officers, as the case 
may be, except members of such legislative body, in the annual ap¬ 
propriation bill or ordinance made for the purpose of providing for the 
annual expenses of any such city, or by some ordinance prior to the 
passage of such annual appropriation bill or ordinance; and the sal¬ 
aries or compensation thus fixed or established, shall neither be in¬ 
creased nor diminished by the said common council or legislative 
authority of any such city, after the passage of said annual appropria¬ 
tion bill or ordinance, during the year for which such appropriation is 
made, and no extra compensation shall ever be allowed to any such 
officer or employee over and above that provided in manner aforesaid. 

3173. Emergency.] § 2. Whereas the corporate author¬ 
ities of certain cities in this state have no power to establish or fix the 
salaries of their city officers in certain cases, whereby an emergency 
exists requiring this act to take immediate effect; therefore, this act 
shall take effect and be in force from and after its passage. 


SCHOOLS. 

An Act to establish and maintain a system of free schools. [Approved and in 

force May 21 , 1889 .] 


ARTICLE VI. 

BOARD OF EDUCATION. 

3174. Board in cities of 100,000 inhabitants—election 
and terms of members.] § 17 - In cities having a popula¬ 
tion exceeding one hundred thousand inhabitants from and after this 
act shall take effect, the board of education shall consist of twenty-one 
members, to be appointed by the mayor, by and with the advice and 
consent of the common council, seven of whom shall be appointed 
for the term of one year, seven for the term of two years, and seven 
for the term of three years: Provided, however, that in such cities 



800 


STATUTORY PROVISIONS. 


wherein there is now a board of education, holding their office by 
appointment, such officers shall continue in office until the time at 
which their terms would have expired under the law in force at the 
time of their appointment. At the expiration of the term of any 
members of said board, their successors shall be appointed in like 
manner and shall hold their office for the term of three years. Any 
vacancy which may occur shall be filled by the appointment of the 
mayor, with the approval of the common council for the unexpired 
term: And, provided further, that from and after this act shall take 
effect there shall be appointed by the mayor by and with the advice 
and consent of the common council six members, two of whom shall 
be appointed for the term of one year, two for the term of two years 
and two for the term of three years. [As amended by act approved 
June 22, 1891. In force July I, 1891.] 

3175 . Who eligible to membership.] § 18. Any per¬ 
son having resided in any such city more than five years next pre¬ 
ceding his appointment, shall be eligible to membership of such 
board of education. 

3176 . Organization of board.] § 19. The said board of 
education shall appoint a president and secretary, the president to be 
appointed from their own number, and shall appoint such other 
officers and employes as such board shall deem necessary, and shall 
prescribe their duties, and compensation and terms of office. 

3177 . Books — records — yeas and nays.] § 20. The 
said board shall provide well bound books, at the expense of the 
school tax fund, in which shall be kept a faithful record of all their 
proceedings. *The yeas and nays shall be taken and entered on the 
records of the proceedings of the board upon all questions involving 
the expenditure of money. 

3178 . Power of board — with consent of council.] § 21. 

The said board of education shall have charge and control of the 
public schools in such cities, and shall have power, with the concur¬ 
rence of the city council: 

First—To erect or purchase buildings suitable for school houses, 
and keep the same in repair. 

Second—To buy or lease sites for school houses, with the necessary 
grounds. 

Third—To issue bonds for the purpose of building, furnishing and 
repairing school houses, for purchasing sites for the same, and to 
provide for the payment of said bonds; to borrow money for school 
purposes upon the credit of the city. 

3179 . Powers of board.] § 22. The said board of edu¬ 
cation shall have power— 

First—To furnish schools with the necessary fixtures, furniture and 
apparatus. 

Second—To maintain, support and establish schools, and supply the 
inadequacy of the school funds for the salaries of school teachers from 
school taxes. 


SCHOOLS. 


807 


Third—To hire buildings or rooms for the use of the board. 

Fourth—To hire buildings or rooms for the use of schools. 

Fifth—To employ teachers and fix the amount of their compensa¬ 
tion. 

Sixth—To prescribe the school books to be used, and the studies 
in the different schools. 

Seventh—To lay off and divide the city into school districts, and 
from time to time to alter the same and create new ones, as circum¬ 
stances may require, and generally to have and possess all the rights, 
powers and authority required for the proper management of schools, 
with power to enact such ordinances as may be deemed necessary and 
expedient for such purpose. 

Eighth—To expel any pupil who may be guilty of gross disobedi¬ 
ence or misconduct. 

Ninth—To dismiss and remove any teacher whenever, in their opin¬ 
ion, he or she is not qualified to teach, or whenever, from any cause, 
the interests of the school may, in their opinion, require such removal 
or dismission. 

Tenth—To apportion the scholars to the several schools. 

Eleventh—To lease school property, and to loan moneys belonging 
to the school fund. 

3180. Duty of board.] § 23 . It shall be the duty of such board 
of education: First—To take the entire superintendence and control of 
the schools in such cities. 

Second—To examine all persons offering themselves as candidates 
for teachers, and when found well qualified, to give them certificates 
gratuitously. 

Thiid—To visit all the public schools as often as once a month. 

Fourth—To establish all such by-laws, rules and regulations for the 
government, and for the establishment and maintenance of a proper 
and uniform system of discipline in the several schools as may, in their 
opinion, be necessary. 

Fifth—To determine, from time to time, how many and what class 
of teachers may be employed in each of the public schools, and employ 
such teachers and fix their compensation. 

Sixth—To take charge of the school houses, furniture, grounds, and 
other property belonging to the school districts, and see that the same 
are kept in good condition, and not suffered to be unnecessarily in¬ 
jured or deteriorated. 

Seventh—To provide fuel, and such other necessaries for the schools 
as, in their opinion, may be required in the school houses, or other 
property belonging to the said districts. 

Eighth—To inquire into the progress of scholars and the govern¬ 
ment of the schools. 

Ninth—To prescribe the method and course of discipline and in¬ 
struction in the respective schools, and to see that they are maintained 
and pursued in the proper manner. 


808 


STATUTORY PROVISIONS. 


7 en th—To prescribe what studies shall be taught, and what books 
and apparatus shall be used. 

Eleventh—To report to the city council, from time to time, any sug¬ 
gestions they may deem expedient or requisite in relation to the 
schools and the school fund, or the management thereof, and gen¬ 
erally to recommend the establishment of new schools and districts. 

Twelfth—To prepare and publish an annual report, which shall in¬ 
clude the receipts and expenditures of each school, specifying the 
source of such receipts, and the object of such expenditures. 

Thirteenth—To communicate to the city council, from time to 
time, such information within their possession as may be required. 

3181. Powers exercised only at meetings.] § 24 . None of 
the powers herein conferred upon the board of education of such 
cities shall be exercised by them except at a regular meeting of such 
board. 

3182. Conveyances—how made.] § 25 . All conveyances of 
real estate shall be made to the city in trust, for the use of schools, and 
no sale of real estate or interest therein, used for school purposes, or 
held in trust for schools, shall be made except by the city council, upon 
the written request of such board of education. 

3183. Moneys held by city as special fund.] § 26 . All 
moneys raised by taxation for school purposes, or received from the 
State common school fund, or from any other source for school pur¬ 
poses, shall be held by the city treasurer, as a special fund for school 
purposes, subject to the order of the board of education, upon warrants 
to be countersigned by the mayor and city clerk. 

3184. Board of education—limit as to expenditures.] § 27 . 
Said board of education shall not add to the expenditures for school 
purposes anything over and above the amount that shall be received 
from the State common school fund, the rental of school lands or 
property, and the amount annually appropriated for such purposes. 
If said board shall so add to such expenditure the city shall not, in any 
case, be liable therefor. And nothing herein contained shall be con¬ 
strued so as to authorize any such board of education to levy or col¬ 
lect any tax upon the demand, or under the direction of such board of 
education. 

3185. No power given to board to be exercised by city.] 
§ 28 . All schools in such cities shall be governed as hereinbefore 
stated, and no power given to the board of education shall be exer¬ 
cised by the city council of such city. 

ARTICLE XVI. 

MISCELLANEOUS. 

3186. No compensation—exempt from road labor and mil¬ 
itary service.] § 10 . Trustees of schools, school directors, mem- 


SCHOOLS. 


809 


bers of boards of education, or other school officers performing like 
duties, shall receive no pecuniary compensation, but they shall be 

exempt from road labor and from military duty during their term of 
office. 

SCHOOL TEACHERS’ FUND. 

An Act to provide for the formation and disbursement of a public school 
teachers and. public school employes’ pension and retirement fund 
in cities having a population exceeding one hundred thousand in¬ 
habitants. [Approved May 31, 1895. In force July 1, 1895.] 

3187. Board of education in cities having population of 
over 100,000— power to create such fund.] § 1 . Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That the board of education in cities having a population ex¬ 
ceeding one hundred thousand inhabitants, shall have power, and it 
shall be the duty of said board to create a public school teachers’ and 
public school employes’ pension and retirement fund, and for that 
purpose set apart the following moneys, to-wit: 

1. An amount not exceeding one per cent per annum of the re¬ 
spective salaries paid to teachers and school employes elected b} r such 
board of education, which amount shall be deducted in equal install¬ 
ments from said salaries at the regular times for the payment of such 
salaries. 

2 . All moneys received from donations, legacies, gifts, bequests, 
or otherwise, on account of said fund. 

3 . All moneys which may be derived from any and all sources: 
Provided, however, That no taxes shall ever be levied or an appropria¬ 
tion of public money be made for said fund except as herein pro¬ 
vided. 

3188. Board of Trustees — how created — powers of.] § 2. 

The board of education, together with the superintendent of schools, 
and two representatives to be selected annually by the teachers and 
employes of the public schools under control of said board shall form a 
board of trustees, a majority of whom shall determine the amount to be 
deducted from the salaries paid to teachers and employes as aforesaid, 
and shall have charge of, and administer said fund and shall have 
power to invest the same as shall be deemed most beneficial to said 
fund, in the same manner and subject to the same terms and condi¬ 
tions as township treasurers are permitted to invest school funds in 
article four ( 4 ) of an act entitled “An act to establish and maintain a 
system of free schools,” in force May 4 , 1889 , and shall have power to 
make payments from said fund of annuities, granted in pursuance of 
this act, and shall from time to time make and establish such rules and 
regulations for the administration of said fund as they shall deem best. 

3189. Rules for retirement of teachers.] § 3 . Said board 
of education shall have power by a majority vote of all its members to 
retire any female teacher or other female school employe who shall 
have taught in public schools or rendered service therein for a period 


810 


STATUTORY PROVISIONS. 


agg re g a tmg twenty years; and any male teacher or male school em¬ 
ploye who shall have taught or rendered service for a period aggre¬ 
gating twenty-five years, and such teacher or school employe also shall 
have the right after said term of service to retire and become a bene¬ 
ficiary under this act: Provided, however, That three-fifths of said 
term of service shall have been rendered by said beneficiary within the 
limits of the municipality where said board of education has jurisdic¬ 
tion. 

3190. What annuity retired teachers may receive.] § 4. 

Each teacher and school employe so retired or retiring shall thereafter 
be entitled to receive as an annuity one-half of the annual salary paid to 
said teacher or employe at the date of such retirement, said annuity to 
be paid monthly during the school year: Provided, however, That such 
annuity shall not exceed the sum of six hundred dollars ($600), which 
shall be paid by said board of education out of the fund created in 
accordance with this act in the manner provided by law for the pay¬ 
ment of salaries. 

3191. How principal and interest of fund for payment of 
annuities to be used.] § 5. Said board of trustees is hereby given 
the power to use both the principal and income of said fund for the 
payment of annuities hereinbefore mentioned, and shall have power 
to reduce, from time to time, the amount of all annuities. Provided, 
That such reduction shall be at the same rate in all cases. 

3192. Monthly certificates of amounts deducted from sal¬ 
aries to be made to the city treasurer—special fund — how 
and when drawn.] § 6. The president and secretary of such 
board of education shall certify monthly to the city treasurer all 
amounts deducted from the salaries of teachers, special teachers, prin¬ 
cipals and employes of the board of education in accordance with the 
provisions of this act, which amounts as well as all other moneys con¬ 
tributed to said fund, shall be set apart and held by said treasurer as 
a special fund for the purposes hereinbefore specified, subject to the 
order of said board of education, superintendent of schools, and two 
representatives, as aforesaid, and shall be paid out upon warrants 
signed by the president and secretary of said board of education. 

3193. Treasurer — custody of pension fund, books and 
accounts—inspection—bond.] §7. The city treasurer shall be cus¬ 
todian of said pension fund, and shall secure and safely keep the same 
subject to the control and direction of said board of trustees, and shall 
keep his books and accounts concerning said fund in such manner 
as may be prescribed by the said board. And said books and ac¬ 
counts shall always be subject to the inspection of the said board or 
any member thereof. 

The treasurer shall, within ten days after his election or appoint¬ 
ment, execute a bond to the city with good and sufficient securities in 
such penal sum as the said board shall direct, to be approved by the 
said board, conditioned for the faithful performance of the duties of 
his office, and that he will safely keep and well and truly account for 


SEWERAGE. 


811 


all moneys and profits which may come into his hands as such treas- 
urer, and that on the expiration of his term of office he will surrender 
and deliver over to his successor all unexpended moneys and all prop- 
erty which may have come into his hands as treasurer of such fund, 
ouch bond shall be filed in the office of the clerk of such city, and in 
case of a breach of the same or the conditions thereof, suit may be 
brought on the same in the name of said city for the use of said board 
of trustees or of any person or persons injured by such breach. 

3194. Removal of teacher, etc.—investigation—when money 
paid, back to teacher.] § 8. No teacher or other school employe 
who has been or who shall have been elected by said board of education 
shall be removed or discharged except for cause upon written charges, 
which shall be investigated and determined by the said board of educa¬ 
tion whose action and decision in the matter shall be final. 

If at any time a teacher or school employe who is willing to continue 
is not re-employed or is discharged before the time when he or she 
would under the provisions of this act be entitled to a pension, then 
such teacher or school employe shall be paid back at once all the 
money with interest he or she may have contributed under the law. 


SEWERAGE. 

An Act to enable cities, towns and villages to contract with each other 

for sewerage. [Approved May 14, 1879. In force July 1, 1879.] 

3195. May contract for sewerage, etc.] §1. Be it enacted 
by the People of the State of Illinois, represented in the General As¬ 
sembly, That whenever any city, or incorporated town or village, shall 
be adjacent or contiguous to any other city or incorporated town or vil¬ 
lage, they shall be authorized to contract with each other upon such 
terms as may be agreed upon between them, to allow and permit the 
one the use and benefit of any sewer or drain, or of any system of 
sewerage or drainage heretofore constructed, or which may be here¬ 
after constructed by the other, and further that any such sewer 
or drain or system of sewerage or drainage constructed or which may 
hereafter be constructed by the one, may be extended or furnished to 
the inhabitants of the other, and they may by contract with each 
other provide for the joint construction of any sewer or drain by 
the municipalities so contracting, and for the common use thereof 
by the inhabitants of such municipalities. 

3196. How contract made.] § 2. The contract contemplated 
in section one of this act may be made by ordinance or resolution 
duly enacted or passed by the common council, board of trustees, or 



812 


STATUTORY PROVISIONS. 


other proper legislative authority of the city, or incorporated town or 
village proposing such contract, and ratified or assented to by or¬ 
dinance or resolution duly enacted or passed by the common coun¬ 
cil, board of trustees, or other proper legislative authority of the city 
or incorporated town or village confirming or agreeing to such con¬ 
tract, and every such contract when ratified or confirmed by the 
proper corporate authorities of the municipal corporations who are 
parties thereto, shall be in all respects valid and binding. 


SIDEWALKS. 


An Act to provide additional means for the construction of sidewalks in 
cities, towns and villages. [Approved April 15, 1875. In force July 
1, 1875.] 

3197. Sidewalks by taxation.] §1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That in addition to the mode now authorized by law, any city or incor¬ 
porated town or village may, by ordinance, provide for the construc¬ 
tion of sidewalks therein, or along or upon any street or part of 
street therein, and may, by such ordinance, provide for the pay¬ 
ment of the whole or any part of the cost thereof by special taxa¬ 
tion of the lot, lots or parcels of land touching upon the line where 
any such sidewalk shall be ordered, and such special taxation may 
be either by a levy upon any lot of the whole, or any part of the cost 
of making any such sidewalk in front of such lot or parcel of land 
or by levying the whole or any part of the cost upon each of the lots 
or parcels of land touching upon the line of such sidewalk, pro 
rata upon each of said lots or parcels, according to their respective 
values—the values to be determined by the last preceding assessment 
thereof for the purpose of state and county taxation; or the whole or 
any part of the cost thereof may be levied upon such lots or parcels 
of land in proportion to their frontage upon such sidewalks, or in 
proportion to their superficial area, as may be provided by ordinance 
ordering the laying down of such sidewalk; and in case such ordi¬ 
nance shall only require the payment of a part of the cost of such 
sidewalk to be paid by a special tax as aforesaid, then the residue of 
such cost shall be paid out of any fund of such city, town, or village, 
raised by general taxation upon the property thereof, and not other¬ 
wise appropriated. 

3198. What ordinance may provide.] § 2. Said ordinance 
shall define the location of such proposed sidewalk with reason¬ 
able certainty, shall prescribe its width, the materials of which it shall 
be constructed, and the manner of its construction, and may provide 



SIDEWALKS. 


813 


that the materials and construction shall be under the supervision of, 
and subject to, the approval of some officer or board of officers of 
such city, town, or village, to be designated in said ordinance. Said 
ordinance shall be published as required by law for other ordinances 
of said city, town, or village, and may require all owners of lots or 
parcels of land touching the line of said proposed sidewalk to con- 
struct a sidewalk in front of their respective lots or parcels in accord¬ 
ance with the specifications of said ordinance, within thirty days after 
such publication, and in default thereof, said materials to be furnished 
and sidewalk constructed by said city, town, or village, and the cost, 
or such part thereof as may be fixed in said ordinance, may be col¬ 
lected from the respective owners of said lots or parcels of land as 
hereinafter provided. 

3199. In case owner neglects to construct.] § 3. In 
case of the default of any lot owner or owners to construct the side¬ 
walks, as required by ordinance, and the same shall be constructed by 
the city, town, or village, the cost thereof, or such part of the cost 
thereof as may have been fixed by said ordinance, may be recovered 
of the owners so in default by an action of debt in the name of the 
city, town, or village, against such owners respectively, in any court 
of competent jurisdiction, or upon the completion of the work by such 
city, town, or village. Such ordinance may provide that a bill of the 
cost of such sidewalk, showing in separate items the cost of grading, 
materials, laying down, and supervision, shall be filed in the office of 
the clerk of such city, town, or village, certified to by the officer or 
board designated by said ordinance to take charge of the construction 
of said sidewalk, together with a list of the lots or parcels of land 
touching upon the line of said sidewalk, the names of the owners 
thereof, and the frontage, superficial area, or assessed value as afore¬ 
said, according as said ordinance may provide for the levy of said 
costs by frontage, superficial area, or assessed value; whereupon said 
clerk shall proceed to prepare a special tax list against said lots or 
parcels, and the owners thereof, ascertaining by computation the 
amount of special tax to be charged against each of said lots or par¬ 
cels and the owners thereof, on account of the construction of said 
sidewalk, according to the rule fixed for the levy of such special tax 
by said ordinance, which special tax-list shall be filed in the office of 
said clerk; and said clerk shall thereupon issue warrants directed to 
such officer as may be designated in such ordinance, for the collec¬ 
tion of the amount of special tax so ascertained and appearing from 
said special tax-list to be due from the respective owners of the lots 
or parcels of land touching upon the line of said sidewalk; and such 
officer shall proceed to collect such warrants in the same manner as 
constables are authorized to collect executions, and make return there¬ 
of, together with the moneys collected, to the clerk of such city, town, 
or village, within sixty days from the date of their issue; and in case 
any such warrant shall be returned, as to the whole or any part thereof, 
"‘no property found,” other warrants may issue, and proceedings by 


814 


STATUTORY PROVISIONS. 


garnishment may be resorted to, as in cases of garnishment in aid of 
the collection of judgments at law, and all moneys so collected and 
paid over to said clerk shall be, by him, immediately paid over to the 
treasurer of said city, town, or village. 

3200. Special tax — duty of clerk — report.] § 4 . Upon 
failure to collect such special tax as heretofore provided in this act, 
it shall be the duty of said clerk, within such time as such ordinance 
may provide, to make report of all such special tax, in writing, to such 
general officer of the county as may be authorized by law to apply for 
judgment against, and sell lands for taxes due county or state, of all 
the lots or parcels of land upon which such special tax shall be so un¬ 
paid, with the names of the respective owners thereof, so far as the 
sqme are known to said clerk, and the amount due and unpaid upon 
each tract, together with a copy of the ordinance ordering the con¬ 
struction of said sidewalk, which report shall be accompanied by the 
oath of the clerk that the list is a correct return of the lots and parcels 
of land on which the special tax levied by authority of said city, town, 
or village, for the cost or partial cost (as the case may be) of the 
sidewalk in said ordinance specified, remains due and unpaid, and 
that the amounts therein stated as due and unpaid have not been col¬ 
lected, nor any part thereof. Said reports, when so made, shall be 
prima facie evidence that all the forms and requirements of the law 
in relation to making such return have been complied with, and that 
the special tax, as mentioned in said report, is due and unpaid. 

3201. General officer to obtain judgment — by what 
laws governed.] § 5. When said general officer shall re¬ 
ceive the aforesaid report, he shall at once proceed to obtain judg¬ 
ment against said lots or parcels of land for said special tax remaining 
due and unpaid, in the same manner as may be provided by law for 
obtaining judgment against lands for taxes due and unpaid to the 
county and state, and shall in the same manner proceed to sell the 
same for the said special tax due and unpaid. In obtaining said judg¬ 
ment and making said sale, the said officer shall be governed by the 
general revenue laws of the state, except when otherwise provided 
herein, and said general laws shall also be applicable to the execution 
of certificates of sale, and deeds thereon, and the force and effect of 
such sales and deeds; and all other laws in relation to the enforcement 
and collection of taxes, and redemption from tax sales, shall be ap¬ 
plicable to proceedings to collect such special tax, except as herein 
otherwise provided. 

3202. When constructed by owner may obtain order.] 
§ 6. Whenever payment of the costs of any such sidewalk is 
required to be made in part by special tax, and in part out of any gen¬ 
eral fund of such city, town, or village, and the owner of any such lot 
or parcel of land shall construct such sidewalk in accordance with the 
ordinance providing for its construction, such owner shall file with 
the clerk of such city, town, or village, an itemized statement of the 


815 


SPARROWS—BOUNTY FOR KILLING. 

i 

cost of such sidewalk so constructed, by him verified by affidavit, to¬ 
gether with a certificate of the officer or board directed by such ordi¬ 
nance to superintend the construction thereof, that such sidewalk has 
been constructed and fully completed by such owner in accordance 
with such ordinance, and the council of such city, town, or village 
shall thereupon, at its first meeting thereafter, allow and order to be 
issued to such owner, an order on the treasurer of such city, town, or 
village, for the cost of the construction of such sidewalk, less ’the 
amount of special tax chargeable to the lot or parcel of land of such 
owner on the line of which such sidewalk has been so constructed. 


SPARROWS—BOUNTY FOR KILLING. 

An Act to provide for the payment of bounties for killing English 
sparrows. [Approved and in force July i, 1891.] 

3203. Bounty for killing English sparrows.] § 1 . Be 

it enacted by the People of the State of Illinois, represented in the 
General Assembly, That every person being an inhabitant of this 
State who shall kill an English sparrow in any county not under 
township organization or in any organized township, village or city in 
this State during the months of December, January and February, 
shall be entitled to receive a bounty of two cents for each sparrow 
thus killed, to be allowed and paid in the manner hereinafter pro¬ 
vided. 

3204. Bounty certificate.] § 2 . Every person applying for 
such bounty shall take such sparrow, or the head thereof, in lots of 
not less than ten, to the county clerk in counties not under township 
organization, or to the clerk of the township, village or city within 
which such sparrow shall have been killed, who shall thereupon de¬ 
cide upon such application, and if satisfied of the correctness of such 
claim, shall issue a certificate stating the amount of bounty to which 
such applicant is entitled, and deliver the same to said applicant, and 
shall destroy the heads of such sparrows. 

3205. Bounty — how paid.] § 3 . Such certificate may be 
presented by the claimant or his agent to the county clerk of the 
county in which such sparrow or sparrows have been killed, who 
shall thereupon draw a warrant for the amount on the treasurer of 
said county, and said treasurer shall, upon presentation of said war¬ 
rant, pay the same from the general or contingent fund of said county. 

3206. Penalty.] § 4 . If any person, in applying to the clerk of 
counties not under township organization or to the clerk of any 
township, village or city for the certificate stating the amount of 
bounty to which he may be entitled under this act, shall have in his 



816 


STATUTORY PROVISIONS. 


possession or present to such clerk the head or heads of any bird 
or birds other than the English sparrow, such person shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined 
five dollars for each head of such bird other than the English sparrow 
so being in his possession or presented to the clerk. And it shall be 
the duty of the clerk to whom such application is made, upon finding 
the head of any bird, other than the English sparrow, among the 
heads presented to him, to confiscate the heads so presented and 
preserve them to be used as evidence against the person applying for 
the bounty, and refuse to issue the certificate. 

3207. Bulletin of information.] § 5 . It is hereby made the 
duty of the director of the State labratory [laboratory] of natural his¬ 
tory, to prepare, as soon after this act shall take effect as practicable, 
a bulletin of information for the use of the clerks of county, town¬ 
ships, villages and cities in this State, to enable them to distinguish 
the heads of the English sparrow from those of other birds, and 
which said bulletins shall be delivered to said clerks free of charge. 

3208. False certificate—penalty.] § 6. If any clerk of any 
county not under township organization, clerk of any township, village 
or city shall knowingly issue any certificate for the payment of the 
bounty, provided for in this act, for the killing of any bird other than 
the English sparrow, such clerk shall be deemed guilty of a misde¬ 
meanor, and upon conviction thereof shall be fined not less than ten 
dollars. 


STEAM BOILER EXPLOSIONS. 

An Act to insure the better protection of life and property from steam 

boiler explosions. [Approved June 3, 1889. In force July 1, 1889.] 

3209. Persons in charge of steam boilers — license — pen- 
alty.] § 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the city council in cities, 
and the president and board of trustees in towns and villages, shall 
have power to adopt ordinances within their respective limits, to pro¬ 
vide for the examination, licensing and regulation of persons having 
charge of steam boilers under steam pressure, exhausting through an 
engine, to fix the amount, terms and manner of issuing and revoking 
licenses to such persons; to provide that it shall not be lawful for any 
person to exercise, within the limits of the respective cities, towns and 
villages which may adopt such ordinances, the business of operating 
steam boilers, under steam pressure, exhausting through an engine, 
without a license; and to provide that any person violating the pro¬ 
visions of such ordinances shall be liable to a penalty for each breach 
thereof. 



STREETS. 


817 


3210. Board to examine—license, etc.] § 2 . To require that all 
persons engaged in such occupation within the jurisdiction of such 
towns, cities and villages, so adopting such ordinances, shall submit 
to an examination by a competent board of examiners to be appointed 
by such councils and boards of trustees, touching their competency 
and qualifications in regard to such vocations, with power to such 
board of examiners to license such persons as may be found capable 
and trustworthy in that behalf. 


STREETS. 

USE OF STREETS BY ELEVATED RAILROADS. 

An Act in regard to the use of streets and alleys in incorporated cities 
and villages by elevated railroads and elevated ways and conveyors. 
[Approved June 18, 1883. In force July 1, 1883.] 

3211. Petition of land-owners.] § 1 . Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That no person or persons, corporation or corporations, shall construct 
or maintain any elevated railroad or any elevated way or conveyor to be 
operated by steam power, or animal power or any other motive power, 
along any street or alley in any incorporated city or village, except 
by the permission of the city council or board of trustees of such 
city or village, granted upon a petition of the owners of the lands rep¬ 
resenting more than one-half of the frontage of the street or alley, or of 
so much thereof as is sought to be used for such elevated railroad or 
elevated way or conveyor; and the city council, or board of trustees, 
shall have no power to grant permission to use any street or alley, or 
part thereof, for any of the purposes aforesaid, except upon such peti¬ 
tion of land-owners as is herein provided for. 

3212. When street more than one mile.] § 2 . When the 
street or alley, or part thereof, sought to be used for any of the pur¬ 
poses aforesaid, shall be more than one mile in extent, no petition of 
land owners shall be valid for the purposes of this act, unless the same 
shall be signed by the owners of the land representing more than one- 
half of the frontage of each mile and fractional part of a mile, of such 
street or alley or of the part thereof sought to be used for any of the 
purposes aforesaid. 

3213. Repeal.] § 3 . All acts and parts of acts inconsistent 
herewith are hereby repealed. 


52 



818 


STATUTORY PROVISIONS. 


VACATION OF STREETS. 

An Act to revise the law in relation to the vacation of streets and alleys. 

[Approved March 24, 1874. In force July 1, 1874.] 

3214. Three-fourths vote required — damages.] § 1 . Be it 

enacted by the People of the State of Illinois, represented in the 
General Assembly: That no city council of any city, or board of trus¬ 
tees of any village or town, whether incorporated by special act or 
under any general law, shall have power to vacate or close any street 
or alley, or any portion of the same, except upon a three-fourths ma¬ 
jority of all the aldermen of the city or trustees of the village or town 
authorized by law to be elected; such vote to be taken by ayes and 
noes, and entered on the records of the council or board. And when 
property is damaged by the vacation or closing of any street or alley, 
the same shall be ascertained and paid as provided by law. 

3215. Rights of adjoining owners.] § 2 . When any street, 
alley, lane or highway, or any part thereof, has been or shall be va¬ 
cated under or by virtue of any act of this state or by order of the 
city council of any city or trustees of any village or town, or by the 
commissioners of highways, county board, or other authority au¬ 
thorized to vacate the same, the lot or tract of land immediately ad¬ 
joining on either side shall extend to the central line of such street, 
alley, lane or highway or part thereof so vacated, unless otherwise 
specially provided in the act, ordinance or order vacating the same, un¬ 
less, in consequence of more of the land for such street, alley, lane or 
highway having been contributed from the land on one side therof than 
the other, such division is inequitable, in which case the street, alley, 
lane or highway so vacated shall be divided according to the equities 
of the adjoining owners. 


TELEGRAPH AND TELEPHONE COMPANIES. 

An Act relating to telegraph, telephone, electric light and other wires, 

poles and cables. [Approved June 16, 1887. In force July 1, 1887.] 

3216. Poles attached to building, etc.—no lapse of time raise 
presumption of prescriptive right.] § 1 . Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, Whenever any wire, pole or cable used for any telegraph, 
telephone, electric light or other electric purpose, or for the purpose 
of communication, is or shall be attached to, or does or shall extend 
upon or over any building or land, no lapse of time whatever shall 
raise a presumption of any grant of, or justify a prescriptive right to, 
such attachment or extension. 



TENEMENT AND LODGING HOUSES. 


819 


An Act to revise the law in relation to telegraph companies. [Approved 

March 24, 1874. In force July 1, 1874.] 

3217. Consent necessary to erect poles, etc., on roads, 
streets, etc. record — alteration.] § 4 . No such company 
shall have the right to erect any poles, posts, piers, abutments, wires 
or other fixtures of their lines along or upon any road, highway, or 
public ground, outside the corporate limits of a city, town, or village, 
without the consent of the county board of the county in which such 
road, highway, or public ground is situated, nor upon any street, 
alley, or other highway or public ground, within any incorporated 
city, town, or village, without the consent of the corporate authorities 
of such city, town, or village. The consent herein required must be 
in writing, and shall be recorded in the recorder’s office of the county. 
And such county board, or the city council, or board of trustees of 
such city, town, or village, as the case may be, shall have power to 
direct any alteration in the location or erection of any such poles, 
posts, piers or abutments, and also in the height of the wires, having 
j first given the company or its agent opportunity to be heard in regard 
to such alteration. 


TENEMENT AND LODGING HOUSES. 

An Act for the regulation and inspection of tenement and lodging houses, 
or other places of habitation. [Approved and in force May 30, 1881.] 

3218. Architect—plans.] § 1 . Be it enacted by the Peo¬ 
ple of the State of Illinois, represented in the General Assembly, 
That it shall be the duty of any architect or architects, builder or 
builders of, or other person or persons interested in .any projected tene¬ 
ment, lodging house, or other places of habitation, in any incorporated 
city of fifty thousand ( 50 , 000 ) inhabitants, to submit plans and specifi¬ 
cations of any such building or buildings to the health commissioner 
or commissioners of such incorporated city; that the said health com¬ 
missioner or commissioners may examine the said plans and specifica¬ 
tions, for his or their approval or rejection, as to the proposed plans 
for the ventilation of rooms, light and air shafts, windows, ventilation 
of water closets, drainage and plumbing. 

3219. Duty of plumber.] § 2 . It shall be the duty of 
any plumber or other person or persons interested in the contract for 
the plumbing work of such building or buildings, to receive a written 
certificate of instruction from the health commissioner or commis¬ 
sioners before commencing work on the said building or buildings, 
and to proceed according to the plans, specifications and instructions, 
as approved by the health commissioner or commissioners of said city. 



820 


STATUTORY PROVISIONS. 


3220 . Health commissioner — notice.] § 3. It shall be 
the duty of any plumber or other person or persons interested in the 
plumbing work, after the completion of said plumbing work, and be¬ 
fore any of the said plumbing work is covered up in any building or 
buildings, or on the premises connected with said building or build¬ 
ings, to notify in writing the health commissioner or commissioners, 
that said building or buildings, or other premises, are now ready for 
inspection, and it shall be unlawful for any plumber or other person or 
persons to cover up, or in any way conceal such plumbing work in 
or about such building or buildings, until the health commissioner 
or commissioners approve 01 the same. 

3221 . Architect—penalty.] § 4. If any architect or archi¬ 
tects, builder or builders, violate the provisions of this act, he or they 
shall be fined in a sum not less than one hundred (100) nor more than 
two hundred (200) dollars for each offense. 

3222 . Penalty — plumber.] § 5. If any plumber or other 
person or persons interested in the plumbing work, violate any of 
the provisions of this act, he or they shall be fined in the sum not less 
than one hundred (100) nor more than two hundred (200) dollars 
for the first offense, and the further penalty of ten dollars ($10) for 
each and every day such plumbers or other interested person or per¬ 
sons shall, after first conviction, neglect or refuse to comply with any 
provisions of this act, or the written instructions of the health com¬ 
missioner or commissioners, and for the second offense, a like pen¬ 
alty and a forfeiture of his or their license to do business in said city 
for one (1) year after conviction. 

3223 . Emergency.] § 6. Inasmuch as the health of the people 
is endangered, an emergency exists requiring this act to take effect 
immediately; therefore, this act shall take effect and be in force from 
and after its passage. 


TOLL ROADS. 

An Act to revise the law in relation to toll roads, [Approved March 25, 

1874. In force July i, 1874.] 

3224 . Location — when consent required.] § 4. No such 
road shall be located on any public road or highway outside the corpo¬ 
rate limits of a city, town or village without the consent of the county 
board of the county, and consent of the commissioners of highways of 
the town in which such highway is situated, nor upon any street, alley 
or other highway or public ground within any incorporated city, town 
or village, without the consent of the corporate authorities of such 



WARRANTS. 


821 


city, town or village. The consent herein required must be in writing, 
and shall be recorded in the recorder s office of the county. 

3225. No toll gate in city, etc.] § 12 . No toll gate shall 
be erected or kept, or toll demanded, within the corporate limits of any 
incorporated city, or within one hundred and sixty rods of such limits. 


WARRANTS. 


An Act to provide for the manner of issuing warrants upon the treasurer 

of any county, township, city, school district or other municipal cor¬ 
poration, and jurors’ certificates. [Approved May 31, 1879. In force 
July 1, 1879.] 

3226. When warrants may be drawn.] § i. Be it enacted 
by the People of the State of Illinois, represented in the General As¬ 
sembly, That warrants payable on demand shall hereafter be drawn 
and issued upon the treasurer of this State or of any county, town¬ 
ship, city, school district or other municipal corporation, or against 
any fund in his hands, only when at the time of the drawing and issuing 
of such warrants there shall be sufficient money in the appropriate 
fund in the treasury to pay said warrants. 

3227. Issued in anticipation of taxes.] § 2 . That when¬ 
ever there is no money in the treasury of any county, township, city, 
school district or other municipal corporation to meet and defray the 
ordinary and necessary expenses thereof, it shall be lawful for the 
proper authorities of any county, township, city, school district, or 
other municipal corporation, to provide that warrants may be drawn 
and issued, against and in anticipation of the collection of any taxes, 
already levied by said authorities for the payment of the ordinary and 
necessary expenses of any such municipal corporation, to the extent 
of seventy-five per centum of the total amount of any said tax levy: 
Provided, that warrants drawn and issued under the provisions of this 
section shall show upon the face that they are payable solely from 
said taxes when collected, and not otherwise, and shall be received by 
any collector of taxes in payment of the taxes against which they are 
issued, and which taxes, against which said warrants are drawn shall 
be set apart and held for their payment. 

3228. Jurors’ certificates.] § 3 . All jurors’ certificates shall 
hereafter be issued in conformity with the provisions of this act. 

INTEREST ON WARRANTS. 

An Act to provide for payment of interest on warrants of municipal corpora¬ 
tions. [Approved June 15, 1895. In force July 1, 1895.] 

3229. Interest on warrants of municipal corporations.] § i. 
Be it enacted by the People of the State of Illinois, represented in the 



822 


STATUTORY PROVISIONS. 


General Assembly, That whenever any warrants shall hereafter be law¬ 
fully drawn by the proper officers of any city, village or town for the 
payment of money out of any particular fund in anticipation of the col¬ 
lection of a tax heretofore levied for such fund, such warrants shall, 
unless paid within thirty days after their issuance, bear interest, pay¬ 
able out of such fund and tax levy, at the rate of five per centum per 
annum from their respective dates until paid, or until notice shall be 
given by publication in a newspaper or otherwise, to their holders that 
the money for their payment is available and that they will be paid on 
presentation. 


WATER. 

CONSTRUCTION OF WATER WORKS, 

An Act authorizing cities, incorporated towns and villages to construct and 
maintain water works. [Approved and in force April 15, 1873.] 

3230. Power to supply water — letting contract—emergen¬ 
cy.] § 1 . That all cities, incorporated towns and villages in this 
State, be and are hereby authorized and shall have power to provide 
for a supply of water for the purposes of fire protection, and for the use 
of the inhabitants of such cities, incorporated towns or villages by the 
erection, construction and maintaining of a system of water works 
or by uniting with any adjacent city, incorporated town or village, in 
the erection, construction and maintaining of a system of water works 
for the joint use of such cities, incorporated towns or villages, or by 
procuring such supply of water from any adjacent city, incorporated 
town or village already having water works. Provided, that all contracts 
for the erection or construction of such works or any part thereof, shall 
be let to the lowest responsible bidder therefor, upon not less than three 
( 3 ) weeks’ public notice of the terms and conditions upon which the 
contract is to be let having been given by publication in a newspaper 
published in such city, town or village, or if no newspaper is published 
therein, then in some newspaper published in the county. And, pro¬ 
vided, further, that no member of the city council or board of trustees 
or mayor shall be directly or indirectly interested in any such contract, 
and in all cases the council or board of trustees as the case may be, shall 
have the right to reject any and all bids that may not be satisfactory to 
them. 

Whereas, An emergency exists, therefore this act shall be in force 
from and after its passage. [As amended by act approved and in force 
May 14 , 1879 .] 

3231. Borrowed money—tax.] § 2 . Such cities, incorporated 
towns and villages may borrow money and levy and collect a general 



WATER. 


823 


tax in the same manner as other municipal taxes may be levied and col¬ 
lected for the erection, construction and maintaining of such water 
works, and appropriate money for the same. 

3232. May acquire property for works, etc.] § 3 . For the 
purpose of erecting, constructing, locating, maintaining or supplying 
such water works, any such city, incorporated town or village may go 
beyond its territorial limits, and may take, hold and acquire prop¬ 
erty and real estate, by purchase or otherwise; and shall also have the 
power to take, hold and acquire and condemn any and all necessary 
property and real estate for the location, erection, construction and 
maintaining of such water works, in the manner provided for the tak¬ 
ing and condemning of private property for public use and may also 
acquire and hold real estate and other property and rights necessary 
for the location, erection, construction and maintenance of such water 
works, by purchase or otherwise; and the jurisdiction of such city, town 
or village to prevent or punish any pollution or injury to the stream or 
source of water for the supply of such water works shall extend ten 
miles beyond its corporate limits. 

3233. Rules — tax — assessment — lien.] § 4 . The common 
council of such cities, or trustees of such towns or villages, shall have 
power to make and enforce all needful rules and regulations in the 
erection, construction and management of such water works, and 
for the use of water supplied by the same. And such cities, towns 
and villages shall have the right and power to tax, assess and collect 
from the inhabitants thereof such tax, rent or rates for the use and 
benefit of water used or supplied to them by such water works, as the 
common council or board of trustees, as the case may be, shall deem 
just and expedient. And all such water taxes, rates or rents shall be 
a lien upon the premises and real estate upon or for which the same 
is used or supplied. And such taxes, rents or rates shall be paid and 
collected, and such lien enforced, in such manner as the common coun¬ 
cil shall, by ordinance, direct and provide. 

3234. Special assessment.] § 5 . The expense of locating, 
erecting and constructing reservoirs and hydrants for the purpose 
of fire protection, and the expense of constructing and laying water 
main pipes, or such part thereof as may be just and lawful, may be 
assessed upon and collected from the property and real estate specially 
benefited thereby, if any, in such manner as may be provided for the 
making of special assessments for other public improvements in 
such cities, towns or villages. 

3235. Separate fund.] § 6. All the income received by such 
cities, towns or villages from such water works, from the payment and 
collection of water taxes, rents or rates, shall be kept in a separate 
fund, and shall first be applied in the payment and discharge of the 
costs, interest on bonds or money borrowed and used in the erec¬ 
tion and construction of such water works and running expenses 
thereof. And any surplus may be applied in such manner as the com¬ 
mon council or board of trustees may direct. 


824 


STATUTORY PROVISIONS. 


3236. When act not apply.] § 7 . The provisions of this act 
shall not apply to cities, towns or villages in which water works are 
now managed or controlled by a board of public works. 

3237. Emergency.] § 8 . Whereas many of the cities em¬ 
braced in this act are entirely without adequate protection from fires, 
and are without lawful authority to provide the necessary means of 
protection authorized by this act; therefore an emergency exists that 
this act should take effect immediately; therefore, this act shall take 
effect and be in force from and after its passage. 


An Act to aid cities owning or operating water works to secure an additional 
or better supply of pure water. [Approved and in force May 27, 1881.] 

3238. Cities — powers and privileges.] J i. Be it en¬ 
acted by the People of the State of Illinois, represented in the General 
Assembly, That all cities owning or operating water works under any 
charter granted by act of any general assembly of this state, or under 
the general incorporation laws of this state, whether by boards of 
water commissioners or by officers appointed for that purpose, are 
hereby granted the following powers and privileges, for the purpose 
of increasing or bettering the source of supply from which such water 
is obtained. 

3239. Powers of board — may raise money — vote.] § 2. 
Whenever, in the judgment of a majority of any board of water com¬ 
missioners, or if there be no such board, then in the judgment of a 
majority of the city council of any city owning or operating such water 
works, it shall be necessary for the public health, or for any other 
cause, to increase the source of water supply, or to substitute for it 
such better source as, in their judgment, the interests of such city may 
demand, such board of water commissioners or city council may, in 
addition to the powers already conferred upon them by act of any 
general assembly of this state, construct wells, either by boring or 
excavation, and protect and equip the same after construction, or may 
lease water privileges from private parties or corporations owning 
wells already or hereafter to be constructed, and may pay for such 
construction or lease, and for the expenses maintained in operating 
the same, out of any earnings of such water works under their control 
which may be in their hands at the time of the taking effect of this act, 
or which may accrue to them hereafter: Provided, that no money shall 
be expended under the provisions of this act, for the purposes herein 
specified, until the question of the expenditure of such money for the 
purposes aforesaid shall have been submitted to a vote of the people 
of the city in which such water works may be situated, at any elec¬ 
tion for city officers or special election called for that purpose by the 
city council of said city, and shall have received a majority of the votes 
cast at such election: Provided, further, that no money shall be ex¬ 
pended under the provisions of this act, for the purposes aforesaid, 
other than the surplus earnings of such water works. 




WATER. 


825 


AUTHORITY TO CONTRACT FOR WATER. 

An Act to enable cities, incorporated towns and villages to contract for a 
supply of water for public use, and to levy and collect a tax to pay 
for the water so supplied. [Approved April 9, 1872. In force July 
I, 1872. This title is as amended by act approved June 30, 1885. In 
force July 1, 1885.] 

3240. Power to contract for water.] § i. Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly: That in all cities, incorporated towns and villages where 
water works have been, or may hereafter be constructed by any per¬ 
son or incorporated company, the city, town or village authorities in 
such cities, incorporated towns and villages may contract with such 
person or incorporated company for a supply of water for public use 
for a period not exceeding thirty years. [As amended by act ap¬ 
proved June 30 , 1885 . In force July 1 , 1885 .] 

3241. Tax.] § 2 . Any such city or village so contracting 
may levy and collect a tax on all taxable property within such city or 
village, to pay for the water so supplied. 

WATER RATES. 

An Act to enable cities, towns and villages incorporated under any general 
or special law of this State to fix the rates and charges for the supply 
of water furnished by any individual company or corporation to any 
such city, town or village and the inhabitants thereof. [Approved June 
6, 1891. In force July 1, 1891.] 

3242. May fix rates for water supply.] § 1 . Be it en¬ 
acted by the People of the State of Illinois, represented in the 
General Assembly, That the corporate authorities of any city, town, or 
village, now or hereafter incorporated under any general or special 
law of this State, in which any individual, company or corporation has 
been, or hereafter may be, authorized by such city, town, or village 
to supply water to such city, town, or village and the inhabitants 
thereof, be and are hereby empowered to prescribe by ordinance maxi¬ 
mum rates and charges for the supply of water furnished by such 
individual, company or corporation to such city, town or village and 
the inhabitants thereof, such rates and charges to be just and reason¬ 
able. And in case the corporate authorities of any such city, town or 
village shall fix unjust and unreasonable rates and charges, the same 
may be reviewed and determined by the circuit court of the county 
in which such city, town or village may be. 

PURCHASE OR LEASE WATER WORKS. 

An Act to enable cities, incorporated towns and villages to purchase or lease 
water works. [Approved June 19, 1893. In force July 1, 1893.] 

3243. City, etc., may lease or purchase waterworks.] § 1 . 
Be it enacted by the People of the State of Illinois, represented in the 


826 


STATUTORY PROVISIONS. 


General Assembly, That in all cities, incorporated towns and villages 
where water works are now constructed or may hereafter be con¬ 
structed by any person or incorporated company the city, town, or 
village authorities in such cities, towns and villages may purchase 
or lease such water works from the owner or owners of the same. 
Provided, however, that before said leasing or purchase shall be 
binding upon said city, incorporated town or village, the question 
of leasing or purchasing such water works (with the yearly rental, if 
a leasing, and with the consideration price, if a purchase) shall be 
submitted to the voters of such city, incorporated town or village at 
a general election; and if it appear that a majority of such voters 
voting upon such question at such election, vote for such leasing or 
purchase, then the said city, incorporated town or village may con¬ 
clude such leasing or purchase; but if it appear that a majority of such 
voters voting upon such question at such election, vote against such 
leasing or purchase, then said city, incorporated town or village 
shall proceed no further with such leasing or purchase for the term 
of ten months next ensuing. 

3244. May borrow money and levy general tax.] § 2 . 

Such cities, incorporated towns and villages may borrow money, and 
levy and collect a general tax in the same manner as other municipal 
taxes may be levied and collected for the purchase and maintaining or 
the leasing and maintaining of such water works, and appropriate 
money for the same. 

WATER COMPANY MAY LOCATE SOURCE OF SUPPLY BEYOND COR¬ 
PORATE LIMITS. 

An Act to enable any water company now or hereafter organized under 
the laws of this State to change or locate its source of supply be¬ 
yond the limits of the city, town or village supplied, or whose in¬ 
habitants are supplied with water by such company; and for that 
purpose empowering such company to take or damage private property 
for pipe lines to such source of supply and for pumping stations, reser¬ 
voirs or other appurtenances, and to construct, maintain and operate such 
pipe lines in and under any public or private road, highway, street 
or public ground, and across or under any of the waters within this 
State, and across or under any railroad right-of-way; and to prescribe 
penalties for interfering with or destroying the property or rights of 
such company. [Approved June 19, 1893. In force July 1, 1893.] 

3245. May enter on land and construct lines.] § i. Be 

it enacted by the People of the State of Illinois, represented in the 
General Assembly, That any water company now organized, or that 
may hereafter be organized under the laws of this State, for the pur¬ 
pose of supplying any city, town or village or the inhabitants thereof 
with water, is hereby empowered to locate its source of supply at or 
change its source of supply to a point beyond the limits of such city, 
town or village, and any such company may enter upon any lands 
and take and damage private property beyond said limits, for the 
construction, maintenance and operation of a line or lines of water- 


WATER. 


827 


pipe, to such source of supply, and also for the necessary pumping 
stations, reservoirs or other appurtenances; and also construct, main¬ 
tain and operate beyond said limits such line or lines of water pipe 
across or under any railroad right of way, and in and under any public 
or private road, highway, street, alley or public ground or across or 
under any of the waters within this State: Provided, however, tnat such 
source of supply shall not be located more than ten miles distance from 
the corporate limits of said city or village and that such line or lines of 
water pipe shall not interfere with any railroad, sewer, gas pipes, 
water pipes, or other conduit already laid in or under such public or 
private road, highway, street, alley or public ground by 
public authority: And provided, also, that such company 
shall, in the construction and repair of said line or lines of 
water pipe, restore such public or private road, highway, street, alley 
or public ground, to the same condition as before, and shall not 
unnecessarily interfere with the public use of the navigation of 
said waters. Provided further, the laying of such water pipes or other 
work shall be done under such reasonable regulations as the au¬ 
thorities of any township, town, city or village wherein such work 
is done may prescribe. 

3246. Proceed under right of eminent domain.] § 2. 

When it is necessary for the construction, maintenance, and opera¬ 
tion of such line or lines of water pipes, pumping stations, reser¬ 
voirs or other appurtenances, to take or damage private property, the 
same may be done, and the compensation therefor may be ascertained 
and made in the manner which may be then provided by law for the 
exercise of the right of eminent domain. 

3247. Punishment of person interfering.] § 3. Any per¬ 
son who shall unlawfully and intentionally molest or destroy any part 
or portion of said line or lines of water pipe, pumping stations, res¬ 
ervoirs or other appurtenances, or the material or property belonging 
thereto, or shall in any manner interfere with the construction, main¬ 
tenance or operation thereof, shall, on conviction thereof, be deemed 
guilty of a misdemeanor and be punished by a fine not exceeding $100, 
said fine to be recoverable in any court having jurisdiction of the 
offense: Provided, that prosecution under the foregoing provisions 
of this section shall not in any manner prevent a recovery by the 
company entitled thereto, of the amount of damages done to said 
property. 






PROVISIONS OF THE FORMER CHARTER OF THE CITY 

OF CHICAGO. 


CHAPTER I. 

BOUNDARIES. 

3248 . Corporate powers.] § i. The inhabitants of all that dis¬ 
trict of country in the county of Cook and state of Illinois, contained 
within the limits and boundaries hereinafter prescribed, shall be a 
body politic under the name and style of the City of Chicago; and 
by that name sue and be sued, complain and defend, in any court; 
make and use a common seal, and alter it at pleasure; and take and 
hold, purchase, lease and convey such real and personal or mixed 
estate as the purposes of the corporation may require, within or 
without the limits aforesaid. 

3249 . Corporate limits.] § 2. The corporate limits and juris¬ 
diction of the city of Chicago shall embrace and include, within the 
same, all of township thirty-nine north, range fourteen east of the third 
principal meridian, and all of sections thirty-one, thirty-two, thirty- 
three, and fractional section thirty-four, in township forty, north range 
fourteen, east of the third principal meridian, together with so much 
of the waters and bed of Lake Michigan as lies within one mile of 
the shore thereof and east of the territory aforesaid. 

3250 . Divisions.] § 3. All that portion of the aforesaid territory 
lying north of the center of the main Chicago river and east of the 
center of the north branch of said river, shall constitute the North 
Division of said city; all that portion of the aforesaid territory lying 
south of the center of the main Chicago river and south and east of 
the center of the south branch of said river and of the Illinois and 
Michigan canal, shall constitute the South Division of said city; and 
all that portion of the aforesaid territory lying west of the center of 
the north and south branches of said river and of the Illinois and 
Michigan canal, shall constitute the West Division of said city. [Act 
February 13, 1863.] 

3251 . Boundaries extended.] § 1. That the territorial limits of 
the city of Chicago, shall be and are hereby extended as follows: 
That part of section thirty (30), township forty (40), north of range 
fourteen (14) east of the third (3d) principal meridian, which lies west 
of the north branch of the Chicago river; section twenty-five (25), 
township forty (40) north of. range thirteen (13) east of the third 
(3d) principal meridian, except that part of said section lying east of 

828 



FORMER CHARTER OF CHICAGO. 


829 


the center of the north branch of the Chicago river; sections twenty- 
six (26), thirty-five (35) and thirty-six (36), in township forty (40) 
north of range thirteen (13) east of the third (3d) principal meridian; 
sections one (1), two (2), eleven (11), twelve (12), thirteen (13), 
fourteen (14),. twenty-three (23), twenty-four (24), twenty-five (25) 
and twenty-six (26) in township thirty-nine (39) north of range 
thirteen (13) east of the third (3d) principal meridian; and that part 
of sections thirty-five (35) and thirty-six (36) in township thirty-nine 
(39). north of range thirteen (13) east of the third (3d) principal 
meridian, lying north-west of the center of the Illinois and Michigan 
canal, shall be and are hereby added to said city, and shall constitute 
a part of the west division of said city and of the town of West 
Chicago; and the said added or new territory shall cease to be a 
part of the several towns to which it now belongs or appertains; 
and the outside boundary of the west division of the city of Chicago 
as hereby established, shall be the outside boundary of the several 
wards of said city which now extend to the present city limits. [Act 
February 27, 1869.] 

3252 . Territory excepted.] §1. That the act entitled “An act 
to amend the charter of the city of Chicago, to create a board of 
park commissioners, and authorize a tax in the town of West Chi¬ 
cago, and for other purposes,” approved February 27th, A. D. 1869, 
including the affirmance of the propositions specified in the first 
clause of the twentieth section of said act, but excluding the remainder 
of said section, relating to the holding of an election now past, shah 
be and is hereby re-enacted and confirmed, and shall be in full force 
and effect to all intents and purposes, except as hereinafter specified: 
Provided, that the four added sections of land from the town of 
Jefferson, in said act specified, viz: section twenty-five (25), twenty- 
six (26), thirty-five (35) and thirty-six (36) in township forty (40) 
north of range thirteen (13) east, shall not become a part of the city 
of Chicago, or of the town of West Chicago; nor shall the juris¬ 
diction of said city be extended over the same, but the same shall 
remain a part of the town of Jefferson, whe same as if this act had 
not been passed. [Act March 10, 1869.] 


CHAPTER III. 


POWERS AND DUTIES OF OFFICERS. 

3253. Corporation counsel and city attorney.] § 2. The cor¬ 
poration counsel of said city and the city attorney, shall devote them¬ 
selves exclusively to the duties of their respective offices, and shall 
have their office in such place as shall be provided by the common 
council. Neither of said officers shall be employed in any other 
business than that which relates to the duties of their offices respec¬ 
tively, during the terms for which they were chosen. [Act February 
16, 1865.] 

3254. Their duties.] § 7. The counsel to the corporation shall 
be the chief officer of the law department of the city. He shall, 
with the assistance of the city attorney and subject to the directions 
of the comptroller, conduct all the law business of the corporation 
and of the departments thereof, and all other law business in which 
the city shall be interested, when so ordered by the corporation. 
Said officers shall hold their office in such place as the city may pro¬ 
vide, and, when required, shall furnish written opinions upon sub¬ 
jects submitted to them by the mayor or common council, or any 
other department of the municipal government. The city attorney 
shall keep a docket of all the cases to which the city may be a party 
in any court of record, in which shall be briefly entered all steps 
taken in each cause, and which shall, at all times, be open to the 
inspection of the mayor, comptroller, or any committee of the com¬ 
mon council. It shall also be the duty of said officers to draft all 
ordinances, bonds, contracts, leases, conveyances, and such other 
instruments of writing as may be required by the business of the 
city; to examine and inspect tax and assessment rolls, and all pro¬ 
ceedings in reference to the levying and collection of taxes and 
assesments; and to perform such other duties as may be prescribed 
by the charter and ordinances of the city. 

5}£ 5{C Sjc S|C 5}S 

3255. Officers—transfer of papers by, to successor.] § 16. 

If any person, having been an officer in said city, shall not, within ten 
days after notification and request, deliver to his successor in office all 
property, papers and effects of every description in his possession 
belonging to said city, or appertaining to the office he held, he shall 
forfeit and pay for the use of the city, one hundred dollars, besides 
all damages caused by his neglect or refusal so to deliver. And 
such successor shall and may recover possession of the books, papers 
and property appertaining to his office, in the manner prescribed by 
the laws of this state. 


FORMER CHARTER OF CHICAGO. 


831 


3256. Board of education—no salary.] § 22. No member 
of the board of guardians of the reform school, or of the board of edu¬ 
cation, shall receive any compensation for any services he may per¬ 
form; nor shall any teacher, agent or employe of either board sell, 
dispose of, or be interested in any articles purchased, or work done, 
for the school or schools. Nor shall he be interested in any contract, 
loan, or anything else whereby he may receive any commission, in¬ 
terest, or other profits from the fund appropriated to the reform 
school or public schools, under the penalty of having his office imme¬ 
diately declared vacant by the common council. [Act February 13, 

1863.] 


( 


CHAPTER IV. 


THE COMMON COUNCIL-ITS POWERS AND DUTIES. 

3257. To control finances—general powers.] § 8. The com¬ 
mon council shall have, subject to the provisions hereinafter con¬ 
tained, the general management and control of the finances and all the 
property, real, personal and mixed, belonging to the corporation, and 
shall likewise have power within the jurisdiction of the city, by or¬ 
dinance. 

First. To lease the wharfing privileges of the river, at the ends 
of streets, upon such terms and conditions as may be usual in the 
leasing of other real estate, reserving such rents as may be agreed 
upon, and employing such remedies in case of non-performance of 
any covenants in such lease, as are given by law in other cases. But 
no buildings shall be erected thereon; nor shall a lease for a longer 
period than three years at any time be executed; and the owner or 
owners of the adjoining lot or lots shall, in all cases, have the prefer¬ 
ence in leasing such property; and a free passage over the same for 
all persons with their baggage, shall be reserved in such lease: Pro¬ 
vided, nothing in this section shall be so construed as to impair or 
prejudice any rights which any person may have acquired by the 
acceptance of any proposition heretofore made by said city respecting 
the wharfing privileges. 

Second. To remove and prevent all obstructions in the waters, 
which are public highways in said city, and to widen, straighten and 
deepen the same. 

Third. To prevent and punish forestalling and regrating, and to 
prevent and restrain every kind of fraudulent device and practice. 

Fourth. To restrain and prohibit all descriptions of gaming and 
fraudulent devices, and all playing of dice, cards and other games of 
chance, with or without betting. 

Fifth. To regulate the selling or giving away of any ardent spirits, 
by any shop-keeper, trader or grocer, to be drunk in any shop, store 
or grocery, outhouse, yard, garden, or other place within the city. 

Sixth. To forbid the selling or giving away of ardent spirits or 
other intoxicating liquors, to any child, apprentice or servant, with¬ 
out the consent of his or her parent, guardian, master or mistress. 

Seventh. To license, regulate and restrain tavern-keepers, grocers 
and keepers of ordinaries or victualing or other houses or places for 
the selling or giving away wines and other liquors, whether ardent, 
vinous or fermented. 

Eighth. To license, tax, regulate, suppress and prohibit billiard 
tables, pin alleys, nine or ten pin alleys, and ball alleys. 

832 


FORMER CHARTER OF CHICAGO. 


833 


Ninth. To license, regulate and suppress hackmen, draymen, cart¬ 
ers, porters, omnibus drivers, cabmen, carmen, and all others, whether 
in the permanent employment of any individual, firm, or corporation, 
or otherwise, who may pursue like occupations, with or without ve¬ 
hicles, and prescribe their compensation. 

Tenth. To tax, license and regulate auctioneers, distillers, brewers 
and pawn-brokers, and all keepers or proprietors of junk-shops and 
places for the sale or purchase of second-hand goods, wares or mer¬ 
chandise. 

Eleventh. To license, tax, regulate and suppress hawkers and 
peddlers. 

Twelfth. To regulate, license, suppress and prohibit all exhibitions 
of common showmen, shows of every kind, concerts or other musical 
entertainments by itinerant persons or companies, exhibitions of nat¬ 
ural or artificial curiosities, caravans, circuses, theatrical performances, 
and all other exhibitions and amusements. 

Thirteenth. To authorize the mayor, or other proper officer of 
the city, to grant and issue licenses, and direct the manner of issuing 
and registering thereof, and the fees to be paid therefor: Provided, 
that no license shall be granted for more than one year; and that not 
more than five hundred dollars shall be required to be paid for any 
license under this act, and the fee for issuing the same shall not exceed 
one dollar, but no license for the sale of wines or other liquors, ardent, 
vinous or fermented, at wholesale or retail, or by inn-keepers or 
others, as aforesaid, shall be less than fifty dollars. Bond may be 
taken on the granting of license, for the due observance of the ordi¬ 
nances or regulations of the common council. 

Fourteenth. To prevent any riot or noise, disturbance or disorderly 
assemblage. 

Fifteenth. To suppress and restrain disorderly houses and gro¬ 
ceries, and houses of ill-fame, and to authorize the destruction and 
demolition of all instruments and devices used for the purpose of 
gaming. 

Sixteenth. To compel the owner or occupant of any grocery, 
cellar, tallow-chandler shop, soap factory, tannery, stable, barn, privy, 
sewer, or other unwholesome, nauseous house or place, to cleanse, 
remove or abate the same, from time to time, as often as may be 
necessary for the health, comfort and convenience of the inhabitants 
of said city. 

Seventeenth. To direct the location and management of, and reg¬ 
ulate and license breweries, tanneries and packing houses, and to 
direct the location, management and construction of, and regulate, 
license, restrain, abate, and prohibit, within the city and the distance 
of four miles therefrom, distilleries, slaughtering establishments, es¬ 
tablishments for steaming or rendering lard, tallow, offal and such 
other substances as can or may be rendered; and all establishments 
or places where any nauseous, offensive or unwholesome business may 
be carried on: Provided, that for the purposes of this section, the 

53 


834 


FORMER CHARTER OF CHICAGO. 


Chicago river and its branches, to their respective sources, and the 
land adjacent thereto, or within one hundred rods thereof, shall be 
deemed to be within the jurisdiction of the city. 

Eighteenth. To establish and regulate markets and other public 
buildings, and provide for their erection and determine their location. 

Nineteenth. To regulate and license or prohibit butchers, and to 
revoke their licenses for malconduct in the course of trade, and to 
regulate, license and restrain the sale of fresh meats and vegetables 
in the city, and restrain and punish the forestalling of poultry, fruit 

and eggs. 

Twentieth. To direct and prohibit the location and management 
of houses for the storing of gunpowder or other combustible and dan¬ 
gerous materials within the city. 

Twenty-first. To regulate the keeping and conveying of gunpowder 
and other combustible and dangerous materials, and the use of candles 
and lights in barns, stables and out-houses. 

Twenty-second. To prevent horse racing, immoderate riding or 
driving in the streets, and to authorize persons immoderately riding 
or driving, as aforesaid, to be stopped by any person; and punish or 
prohibit the abuse of animals; to compel persons to fasten their horses, 
oxen or other animals, attached to vehicles or otherwise, while stand¬ 
ing or remaining in the street. 

Twenty-third. To prevent the encumbering of the streets, side¬ 
walks, lanes, alleys, public grounds, wharves and docks with car¬ 
riages, carts, sleighs, sleds, wheel-barrows, boxes, lumber, timber, 
firewood, posts, awnings, signs, or any substance or material whatever. 

Twenty-fourth. To regulate and determine the times and places of 
bathing and swimming in the canals, rivers, harbors or other waters 
in and adjoining said city, and to prevent any obscene or indecent 
exhibition, exposure or conduct. 

Twenty-fifth. To restrain and punish vagrants, mendicants, street 
beggers and prostitutes. 

Twenty-sixth. To restrain and regulate, or prohibit the running 
at large of cattle, horses, mules, swine, sheep, goats and geese, and 
to authorize the distraining, impounding and sale of the same for the 
penalty incurred, and the cost of the proceedings; and also to im¬ 
pose penalties on the owners of any such animals, for a violation of 
any ordinances in relation thereto. 

Twenty-seventh. To prevent and regulate the running at large 
of dogs; to tax and to authorize the destruction of the same when at 
large, contrary to the ordinance. 

Twenty-eighth. To prevent and regulate the rolling of hoops, 
playing of ball, flying of kites, or any other amusements or practice 
having a tendency to annoy persons passing in the streets, or on the 
sidewalks, or to frighten teams and horses. 

Twenty-ninth. To make regulations to prevent the introduction 
or spread of contagious diseases into the city; to make quarantine 


FORMER CHARTER OF CHICAGO. 


835 


laws, and enforce the same within the city and not to exceed fifteen 
miles beyond the city bounds. 

Thirtieth. To control and regulate the streets and alleys, and 
to remove and abate any obstructions and encroachments therein. 

Thirty-first. To compel all persons to keep the snow, ice and 
dirt from the side-walks, in front of the premises owned or occupied 
by them. 

Thirty-second. To prevent the ringing of bells, blowing of horns 
and bugles, crying of goods, and all other noises, performances and 
devices tending to the collection of persons on the streets or side¬ 
walks, by auctioneers or others, for the purpose of business, amuse¬ 
ment or otherwise. 

Thirty-third. To abate and remove nuisances, and punish the au¬ 
thors thereof by penalties, fine and imprisonment, and to define and 
declare what shall be deemed nuisances, and authorize and direct 
the summary abatement thereof; but nothing in this act shall be so 
construed as to oust any court of jurisdiction to abate and remove 
nuisances in the streets, or any other parts of said city, or within its 
jurisdiction, by indictment or otherwise. 

Thirty-fourth. To license, regulate and restrain runners for boats 
and stages, cars and public houses. 

Thirty-fifth. To regulate the burial of the dead and registration 
of births and deaths; to direct the returning and keeping of bills of 
mortality, and to impose penalties on physicians, sextons and others, 
for any default in the premises. 

Thirty-sixth. To regulate and prohibit the keeping of any lum¬ 
ber yard, and the placing, piling, or selling lumber, timber, wood or 
other combustible material within the fire limits of said city. 

Thirty-seventh. To regulate the measuring and inspecting of lum¬ 
ber, shingles, timber, posts, staves and heading, and all building ma¬ 
terials, and appoint one or more inspectors. 

Thirty-eighth. To regulate the place and manner of selling pickled 
and other fish. 

Thirty-ninth. To regulate the weighing and place and manner 
of selling hay; and the cutting and sale of ice, and to restrain the sale 
of such ice as is impure. 

Fortieth. To regulate the measuring of wood, and the weighing 
and selling of coal, and the place and manner of selling the same. 

Forty-first. To regulate the inspection of flour, meal, pork, beef, 
and other provisions, and salt to be sold in barrels, hogsheads, and 

other packages. 

Forty-second. To regulate the inspection of whiskey and other 
liquors, to be sold in barrels, hogsheads and other vessels. 

Forty-third. To appoint inspectors, weighers, gaugers, and regu¬ 
late their duties and prescribe their fees. . . 

Forty-fourth To regulate the sale of bread within said city, and 
prescribe the weight of bread in the loaf, and the quality of the same. 


836 


FORMER CHARTER OF CHICAGO. 


Forty-fifth. To regulate public pumps, wells and cisterns, hydrants 
and reservoirs, and to prevent the unnecessary waste of water. 

Forty-sixth. To establish and regulate public pounds. 

Forty-seventh. To erect lamps, and regulate the lighting thereof. 

Forty-eighth. To regulate and license ferries. 

Forty-ninth. To regulate and prohibit the use of locomotive en¬ 
gines within the city, and require railroad cars to be propelled by other 
power than that of steam; to direct and control the location of railroad 
tracks, and to require railroad companies to construct, at their own 
expense, such bridges, tunnels or other conveniences, at public rail¬ 
road crossings, as the common council may deem necessary; also to 
regulate the running of horse-railway cars, the laying down of tracks 
for the same, the transportation of passengers thereon, and the kind 
of rail to be used. 

Fiftieth. To erect and establish, either within or without the cor¬ 
porate limits of the city, a bridewell or house of correction, and pur¬ 
chase grounds therefor, pass all necessary ordinances for the regu¬ 
lation thereof, and appoint a keeper and as many assistants as may 
be necessary. In the said bridewell or house of correction, shall be 
confined all vagrants, stragglers, idle or disorderly persons who may 
be committed thereto, by any criminal court or magistrate in and for 
the city, and all persons sentenced to said bridewell or house of cor¬ 
rection, by any criminal court or magistrate in and for the city, for 
any assault and battery, petit larceny or other misdemeanor punish¬ 
able by imprisonment in any county jail; and all persons confined 
therein may be kept at labor or in solitary confinement. 

Fifty-first. To require every merchant, retailer, trader and dealer 
in merchandise or property of any description which is sold by meas¬ 
ure or weight, to cause their weights and measures to be sealed by the 
city sealer, and to be subject to his inspection; the standard of which 
weights and measures shall be comformable to those now established 
by law. 

Fifty-second. Exclusively t(y erect and construct, or to permit or 
cause or procure to be erected and constructed, float, pivot or draw 
bridges, over the navigable waters within the jurisdiction of said city, 
and keep the same in repair; said bridges to have draws of suitable 
width. 

Fifty-third. To preserve the harbor; to prevent any use of the 
same, or any act in relation thereto, inconsistent with, or detrimental 
to the public health, or calculated to render the waters of the same, 
or any part thereof, impure or offensive, or tending in any degree to 
fill up or obstruct the same; to prevent and punish the casting or 
depositing therein any earth, ashes or other substance, filth, logs or 
floating matter; to prevent and remove all obstructions therein, and 
punish the authors thereof; to regulate and prescribe the mode and 
speed of entering and leaving the harbor, of passing the bridges, 
and of coming to, and departing from, the wharves and streets of 
the city, by steamboats, canal boats, and other crafts and vessels, 


FORMER CHARTER OF CHICAGO. 


837 


and the disposition of the sails, yards,»anchors and appurtenances 
thereof, while entering, leaving, or abiding in the harbor, and to reg¬ 
ulate and prescribe by such ordinances, or through their harbor 
master or other authorized officer, such location of every canal boat, 
steamboat, or other craft or vessel, or float, and such changes of 
station in, and use of, the harbor, as may be necessary to promote 
order therein, and the safety and equal convenience, as near as may 
be, of all such boats, vessels, crafts and floats; and to impose penal¬ 
ties not exceeding one hundred dollars for any offense against any 
such ordinance; and by such ordinance charge such penalties, to¬ 
gether with such expenses as may be incurred by the city in en¬ 
forcing this section, upon the steamboat, canal boat, or other vessel, 
craft or float. The harbor of the city shall include the piers and so 
much of Lake Michigan as lies within the distance of one mile into 
the lake, and the Chicago river and its branches to their respective 
sources. 

Fifty-fourth. To control, regulate, repair, amend and clear the 
streets and alleys, bridges, side and cross walks, and open, widen, 
straighten and vacate streets and alleys, and establish and alter the 
grade thereof, and prevent the encumbering of the streets in any man¬ 
ner, and protect the same from any encroachment and injury. 

Fifty-fifth. To direct and regulate the planting and preserving or¬ 
namental trees in the streets and public grounds. 

Fifty-sixth. To fill up, drain, cleanse, alter, relay, repair and reg¬ 
ulate any grounds, yards, barns, slips, cellars, private drains, sinks 
and privies, direct and regulate their construction and cause the ex¬ 
penses to be collected in the manner hereinafter provided. 

Fifty-seventh. To erect and establish one or more pest houses, 
hospitals or dispensaries, and control and regulate the same. 

Fifty-eighth. To abate all nuisances which are or may be in¬ 
jurious to the public health, in any manner they may deem expedient. 

Fifty-ninth. To do all acts and make all regulations which may 
be necessary or expedient, for the preservation of health, and the sup¬ 
pression of disease. 

Sixtieth. To prevent any person from bringing, depositing or 
having within the limits of said city, any dead carcass, or any other 
unwholesome substance, and to require the removal or destruction by 
any person w T ho shall have, place, or cause to be placed, upon or near 
his premises, any such substance, or any putrid or unsound beef, pork 
or fish, hides or skins of any kind; and, on his default, to authorize 
the removal or destruction thereof by some officer of the city. 

Sixty-first. To authorize the taking up and to provide for the safe 
keeping and education, for such periods of time as may be deemed 
expedient, of all children who are destitute of proper parental care 
and growing up in mendicancy, ignorance, idleness and vice. 

Sixty-second. To lease or purchase, improve and maintain suit¬ 
able grounds, either within or without the corporate limits of said 
city, for a house of refuge and correction, to erect buildings there- 


838 


FORMER CHARTER OF CHICAGO. 


on, and adopt such rules and regulations for the government thereof, 
and the punishment of juvenile offenders therein, as may, from time 
to time, be deemed expedient. 

Sixty-third. To authorize the arrest, fine and imprisonment in 
the city bridewell or house of correction, as. vagrants, of all persons, 
who not having visible means to maintain themselves, are without em¬ 
ployment, idly loitering or rambling about, or staying in groceries, 
drinking saloons, houses of ill-fame or houses of bad repute, gambling 
houses, railroad depots or fire-engine houses, or who shall be found 
trespassing in the night time upon the private premises of others, 
or begging, or placing themselves in the streets or other thoroughfares 
or public places to beg or receive alms; also keepers, exhibitors or 
visitors at any gaming table, gambling house, house of fortune-telling, 
places for cock-fighting, or other places of device; and all persons 
who go about for the purpose of gaming or watch-stuffing, or who shall 
have in their possession any article or thing used for obtaining money 
under false pretenses, or who shall disturb any place where public or 
private schools are held, either on week day or Sabbath, or places 
where religious worship is held. 

Sixty-fourth. To make, publish, ordain, amend and repeal all such 
ordinances, by-laws and police regulations, not contrary to the con¬ 
stitution of this state, for the good government and order of the 
city, and the trade and commerce thereof, as may be necessary or 
expedient to carry into effect the powers vested in the common council, 
or any officer of said city, by this act; and enforce observance of all 
rules, ordinances, by-laws and police and other regulations, made in 
pursuance of this act, by penalties not exceeding one hundred dol¬ 
lars for any offense against the same. The common council may 
also enforce such rules, ordinances, by-laws and police and other 
regulations, as aforesaid, by punishment of fine or inprisonment in 
the county jail, bridewell, or house of correction, or both, in the 
discretion of the magistrate or court before which conviction may be 
had: Provided, such fine shall not exceed five hundred dollars, nor 
the imprisonment six months. 

3258. Cemeteries—regulation of.] § 9. The common coun¬ 
cil is hereby authorized to purchase, for said city, such tracts of land 
without the city limits, for the purpose of establishing cemeteries 
for the interment of the dead therein, as they may think necessary, 
which shall be exempt from taxation under any law of this state; 
and they are also authorized and empowered to pass and enforce such 
ordinances, rules and regulations with regard to the improvement, 
preservation, laying out, and ornamenting the same, and the sale of 
burial places or lots for the interment of the dead therein, as they 
may deem proper. The ground or grounds so laid out shall be placed 
under the superintendence of the board of public works of said city, 
and the lots which may be laid out and sold shall, with the appur¬ 
tenances, forever be exempt from execution and attachment. As 
soon as said grounds are regulated and laid out, a map or plat 


FORMER CHARTER OF CHICAGO. 


839 


thereof shall be made out by the board of public works, and a copy 
thereof filed in the comptroller’s office, who shall have charge of 
the sale and disposition of all lots therein, under the ordinances and 
regulations of the common council. The proceeds of such sales shall 
be paid into the city treasury, and be credited and charged on 
the books of the treasury department to a “cemetery fund” to be 
kept distinct from all other funds of said city. The said common 
council is also fully empowered and authorized to provide for the 
punishment, by ordinance, of all persons who shall, without said city 
limits, be guilty of any violation of the regulations, rules and ordi¬ 
nances, established by said city in relation to such cemeteries; and 
such violations may be punished by fine and imprisonment, as in other 
cases, by any court of competent jurisdiction within said city, and all 
process issued for the arrest of any person or persons guilty of such 
violation, may be executed without said city limits, by any officer or 
constable thereof, the same as if such offense had been committed 
within the boundaries of the corporation. [Act February 13, 1863.] 

3259 . Liquor licenses — power to revoke.] § 34. Licenses 
to sell liquor shall not be granted to any person but the party in actual 
possession of the premises in which liquor shall be sold; and no license 
shall be granted to females, except upon the recommendation of a 
majority of the members of the committee on licenses of said city; 
and the mayor of said city may, in his discretion, revoke all licenses 
held in violation of this section, and all licenses held or granted to any 
person who may be convicted of gambling, immorality, or keeping 
a disorderly house. And no license shall hereafter be issued or 
granted to any person convicted as aforesaid, except upon the recom¬ 
mendation of not less than six reputable householders, living in the 
neighborhood of the applicant, and the board of police. [Act Feb¬ 
ruary 15, 1865.] 

3260 . Vacation of streets and alleys.] § 10. The vacating 
or closing of any street or alley, or portion of the same, in said city, 
shall be ordered only by the vote of at least three-fourths of all the 
aldermen authorized by law to be elected; such vote shall be taken 
by ayes and noes, and entered on the record of the common council. 

3261 . Lot lines to extend to center line of streets.] § 1. 
That when any street, square, lane, alley, highway, or part thereof, 
shall have been, or may hereafter be, vacated under or by virtue of 
any act or acts of this state, the lot or tract immediately adjoining 
shall extend to the central line of any such street, square, lane, alley, 
highway, or part thereof, so vacated, unless otherwise specially pro¬ 
vided in the act vacating the same: Provided, that the common council 
of any city in this state shall not have power to vacate, or order 
closed, any street or alley, or portion of the same, unless such va¬ 
cation shall be ordered upon the vote of at least three-fourths of all 
the aldermen of said city, authorized by law to be elected: such 
vote to be taken by ayes and noes, and entered on the records of the 
common council. [Act February 16, 1865-] 


840 


FORMER CHARTER OF CHICAGO. 


3262 . Further general powers.] § i. The common council 
of the city of Chicago shall have power, by ordinance: 

First. To prevent the interment of the dead within the present or 
future limits of the city. 

Second. To provide for the vacation of the several cemeteries 
in said city by the purchase and extinguishment of the titles of lot 
owners, or otherwise. 

Third. To purchase grounds and erect thereon a city hall, and 
provide for the payment thereof by the issuing and negotiating of 
the bonds of said city, or by the levy and collection of taxes, or 
partly by both: Provided, however, that no such levy shall in any 
one year exceed two mills on the dollar on the assessed value of the 
real and personal estate in the city, made taxable by the laws of 
this state. 

Fourth. To provide for the inspection and regulation of stationary 
steam engines and boilers. 

Fifth. To appropriate not exceeding ten thousand dollars ($10,000) 
in any one year from the city treasury for celebrating the Fourth 
of July, for funeral occasions, and to defray the expenses of enter¬ 
taining official visitors of sister cities: Provided, however, such 
order or appropriation shall be passed only by the votes of at least 
three-fourths of all the aldermen elected, such vote to be entered 
by ayes and noes on the records of the common council. 

Sixth. To prescribe, regulate and control the time or times, manner 
and speed of all boats, crafts and vessels passing the bridges over the 
Chicago river and its branches. 

Seventh. To control and regulate the construction of buildings, 
chimneys and stacks, and to prevent and prohibit the erection or 
maintenance of any insecure or unsafe buildings, stack, wall or chim¬ 
ney in said city, and to declare them to be nuisances, and to provide for 
their summary abatement. 

Eighth. To cause the seizure and destruction, or other disposition 
of tainted or unwholesome meat, butter, vegetables, fruit or provisions. 

Ninth. To authorize the use of the streets and alleys in said city 
by railroad companies, or city railway companies, for the purpose 
of laying tracks and running cars thereon: Provided, however, per¬ 
mission or authority shall not be given, nor shall any such grant 
or permission already given be extended, unless by vote at least [of] 
three-fourths of all the aldermen elected, such votes to be entered by 
ayes and noes on the records of the council: And provided, further, 
that no grant, consent, contract or permission heretofore given or 
made, or hereafter to be made or given, shall in any case be ex¬ 
tended until within one year of the expiration of such grant, consent, 
contract or permission: And provided, further, that in case of a 
veto by the mayor, any such grant or permission shall receive the 
votes of three-fourths of all the aldermen elected, to take effect as an 
act or law of the corporation. 

Tenth. To direct, regulate and prohibit the location and man- 


FORMER CHARTER OF CHICAGO. 


841 


agement of houses for the storing of gunpowder, or other com¬ 
bustible material, within the city and within cne mile of the limits 
thereof. 

Eleventh. To declare that it shall be unlawful for any hall, theatre, 
opera house, church, school house, or building of any kind what¬ 
soever, to be used for the assemblage of people, unless the same is 
provided with ample means for the safe and speedy egress of the 
persons therein assembled, in case of alarm. 

Twelfth. To control, regulate or prohibit the use of steam whistles 
within the limits of the city. 

Thirteenth. To provide for the borrowing, from time to time, 
a sum of money not exceeding five hundred thousand dollars in the 
aggregate, to pay existing debts incurred by said city for sewerage 
works, and to increase the sewerage works of said city: Provided, 
however, the said loan or loans shall be made in strict conformity with 
the provisions of chapter sixteen of the act of 1863, to which this is 
an amendment. 

Fourteenth. To direct and require the board of public works to 
let the cleaning of the streets, alleys, lanes and highways, or ordinary 
repairs on the same, or any part thereof, to the lowest reliable and 
responsible bidder or bidders. The said letting and contracts to be 
in all respects governed by the provisions of the law in regard to 
the letting of contracts for improving the streets: Provided, however, 
it shall require two-thirds of all the aldermen elected to pass any 
such ordinance, such vote to be taken by ayes and noes, and entered 
on the records of the council. 

Fifteenth. To direct and authorize the board of health to let 
the scavenger work, night or day, or both, to the lowest reliable and 
responsible bidder or bidders, or in case a proper contract cannot be 
made, to authorize said board to do said work. Such letting to be 
governed in all respects, as nearly as may be, by the provisions of 
the charter in reference to the letting of street improvements. 

Sixteenth. To regulate or prohibit the carrying or wearing by any 
person under his clothes, or concealed about his person, any pistol, 
or colt, or slung shot, or cross knuckles, or knuckles of lead, brass 
or other metal, or bowie knife, dirk knife, or dirk or dagger, or any 
other dangerous or deadly weapons, and to provide for the confiscation 
or sale of such weapons. 

Seventeenth. To sell or otherwise dispose of any grounds hereto¬ 
fore purchased for a bridewell or house of correction. 

Eighteenth. To purchase grounds, either within or without the 
corporate limits of said city, and erect the necessary buildings thereon 
for a city bridewell or house of correction. 

Nineteenth. To provide for the payment of the same by the 
levy and collection of taxes, or the issue and negotiation of bonds, 
or partly by both. 

Twentieth. To adopt all necessary rules and regulations for the 
government of said institution, and the proper discipline of the in- 


842 


FORMER CHARTER OF CHICAGO. 


mates thereof, and also to purchase all materials, tools and machinery 
necessary to secure the most beneficial results from the labor of said 
inmates. 

Twenty-first. To require the superintendent, warden or keeper to 
keep such book or books of account as shall fully, and in detail, show 
all the receipts and expenditures of said institution, and to require 
a report of the condition thereof, from time to time. 

Twenty-second. The common council shall have power to require 
the board of police commissioners to detail a sufficient number of men 
from the police force of the city to take charge of the public pounds 
of said city, and to properly enforce the pound ordinances thereof, 
and to provide for the election of one or more pound-keepers, and 
to provide for the payment of such pound-keepers, either by salary 
or fees, or partly by both, and to make all necessary rules and regu¬ 
lations for the enforcement of any pound ordinance of said city. 

Twenty-third. To allow dummies or steam engines to be used on 
the street railways of said city, upon such terms and conditions as 
said common council may by contract with said railway companies 
determine. 

Twenty-fourth. That the common council shall have power and 
authority to regulate and control the slaughtering of all animals in the 
city, or within four miles thereof, intended for consumption or exposed 
for sale in the city, and to enforce, by additional ordinances, any 
regulation, contract or law heretofore made on the subject. 

Twenty-fifth. To adjust and settle with property owners any 
differences arising by reason of any changes made in the dock lines, 
by the council, on the Chicago river or its branches, if in its discretion 
the same may be deemed just and proper. 

Twenty-sixth. To make, publish, ordain, amend and repeal all 
such ordinances, by-laws and police regulations, not contrary to the 
constitution of this state, for the good government and order of the 
city and the trade and commerce thereof, as may be necessary or 
expedient to carry into effect the powers vested in the common 
council, or of any officer of said city, by this act, and enforce observ¬ 
ance of all rules, ordinances, by-laws, police, sanitary and other reg¬ 
ulations made in pursuance of this act, or the act to which this is an 
amendment, the amendments thereto, or any other act concerning said 
city, by punishment, fine or imprisonment in the bridewell or house 
of correction, or both, in the discretion of the magistrate or court 
before which conviction may be had: Provided, however, such fine 
shall not exceed five hundred dollars, nor the imprisonment two years. 

Twenty-seventh. To prohibit the piling of lumber within the fire 
limits, by a vote of two-thirds of all the aldermen elected. [Act 
March 9, 1867.] 

3263. Additional power as to use of horse railways.] § 1 . 
That the twenty-third article of section one of chapter five of'an 
act entitled “An.act supplementary to an act to reduce the charter 
of the city of Chicago, and the several acts amendatory thereof, into 


FORMER CHARTER OF CHICAGO. 


843 


one act, and to revise the same,” approved February 13 th, 1863 , and 
the several amendments thereto, approved March 9 th, 1867 , be, and 
hereby is, amended so as to read as follows: “To allow dummies or 
steam engines to be used on the street railways of said city, upon 
such terms and conditions as said common council may by contract 
with said railway companies determine.” [Act March 10 , 1869 .] 


CHAPTER V. 


TREASURY DEPARTMENT. 

3264, Issue of new in place of maturing bonds.] § 38. 
Whenever any of the bonds of the city, which may have been here¬ 
tofore, or may hereafter be, lawfully issued shall become due, the 
common council may authorize the mayor and comptroller to issue new 
bonds to an amount sufficient to retire and satisfy the same, running 
either ten or twenty years, bearing interest at a rate not exceeding 
seven per cent, per annum, payable semi-annually, and payable, 
principal and interest, in the city of New York. [Act February 13, 
1863.] 


844 








CHAPTER VI. 


BOARD OF PUBLIC WORKS. 

********** 

3265. Attachment vs. non-resident property owners for dam¬ 
ages—-proceedings.] § 2. Whenever, in any case, injury shall be 
sustained by any individual, in consequence of any defect in or ob¬ 
struction upon any sidewalk along the premises of a non-resident 
owner, whose duty it is hereby declared to be to keep the same, at all 
times, in a good and thorough state of repair, and a suit for damages 
be commenced against the city, the city of Chicago may attach such 
premises, and hold the same to abide the judgment in the case, and 
in case of a judgement being had therefor against the. city, the city 
may proceed, under such attachment, against said premises in the 
same manner as provided by law for creditors against non-resident 
debtors, and the judgment against the city shall be prima facie evi¬ 
dence in such suit or proceeding: Provided, however, that such non¬ 
resident owner may, by filing a bond as in other cases of attachment, 
obtain a release of such premises from such attachment, and in case 
of such owner desiring a release of such premises, before the deter¬ 
mination of such suit against the city, he may do so upon giving and 
executing his bond, with security to be approved by the mayor, for 
the amount of damage claimed, conditioned to hold harmless the city 
against whatever judgment may be rendered in the case. 

3266. Barriers and lights to prevent accidents — clause in 
contracts.] § 3. Whenever any board or officer of the city shall 
let any work or improvement which shall require the digging up, use 
or occupancy of any street, alley, highway, or public grounds of 
said city, there shall be inserted in said contracts substantial cov¬ 
enants requiring such contractor, during the night time, to put up and 
maintain such barriers and lights as will effectually prevent the hap¬ 
pening of any accident in consequence of such digging up, use 
or occupancy of said street, alley, highway or public grounds, for 
which the city might be liable, and also such other covenants and 
conditions as experience has or may prove necessary to save the city 
harmless from damages. And also to provide, in such contracts, 
that the party contracting with the city shall be liable for all damages 
occasioned by the digging up, use or occupancy of the street, alley, 
highway, or public grounds, or which may result therefrom, or 
which may result from the carelessness of such contractor, his agents, 
employes, or workmen. 

3267. Bond of indemnity from contractors.] § 4. When¬ 
ever any work or improvement is let by contract to any person or 

* 1 

845 


846 


FORMER CHARTER OF CHICAGO. 


persons, firm or corporation, the board or officers of the city letting 
the same shall, in all cases, take a bond from such person, persons, 
or firm or corporation, with good and sufficient sureties, in such 
amount as shall not only be adequate to insure the performance of 
the work in the time and manner required in such contract, but 
also to save and indemnify, and keep harmless the said city against all 
liabilities, judgments, costs and expenses which may in anywise 
come against said city in consequence of the granting of such con¬ 
tract, or which may in anywise result from the carelessness or neglect 
of said person, firm or corporation, or his or its agents, employes or 
workmen, in any respect whatever; and in every such case where judg¬ 
ment is recovered against the city by reason of the carelessness or 
negligence of such person, firm or corporation so contracting, or his, 
their or its agents, employes or workmen, and when due notice has 
been given of the pendency of such suit, such judgment shall be 
conclusive against such person, firm or corporation, and his, or their, 
or its sureties on such bond, not only as to the amount of damages, 
but as to their liability. [Act March 9, 1867.] 

3268. No officer to receive interest on city funds.] § 27. 
No member or officer of said board, or other officer of said city, 
and no member of the common council, shall either directly or indi¬ 
rectly receive any interest or profit whatever on account of the de¬ 
posit of any of the funds belonging to the city; nor shall any member 
or officer of said board, or officer of said city, or any member of the 
common council, either directly or indirectly, make use of or borrow 
any of said funds for his own private benefit or advantage. [Act 
February 13, 1863.] 

********** 











CHAPTER VII. 

PUBLIC IMPROVEMENTS. 

********** 

3269. Owners and occupants responsible for safe condition 
of sidewalk.] § 29. Nothing in the preceding sections contained 
shall be so construed as to relieve the owners or occupants of real 
estate from the duty of keeping the sidewalk in front of or adjacent to 
their respective premises, at all times, in a safe condition, and in a 
good and thorough state of repair; but such duty is hereby expressly 
enjoined and imposed upon all such owners and occupants; and if at 
any time any injury shall be sustained by any individual, or the city 
shall be subjected to any damages in consequence of any defect in any 
sidewalk, or its being out of repair, the owner or occupant of the adja¬ 
cent premises, whose duty it is to make repairs, shall be jointly and 
severally liable therefor, and the same may be recovered by suit in any 
court of general jurisdiction. If the owner be a non-resident, pro¬ 
ceedings may be commenced against property by attachment, as in 

other cases of attachment under the laws of the state. 

********** 

3270. Injury to public property.] § 41. Any person or per¬ 
sons who shall injure or destroy any bridge, the construction of which 
may have been heretofore or may be hereafter authorized or permitted 
to be built by the common council, or any public buildings or other 
property belonging to said city, or shall cause or procure the same 
to be injured or destroyed, or who shall wantonly spoil or damage any 
street, alley, sidewalk, public square or ground, shall be subject to a 
penalty not exceeding five hundred dollars for each offense, to be 
recovered by the city in an action of debt, and may be imprisoned 
for a term not exceeding six months, in the discretion of the court 
before whom such conviction may be had, and such person or persons 
shall also be liable in a civil action at the suit of the city for the dam¬ 
ages occasioned by such injury or destruction. [Act February 13, 
1863.] 


847 


CHAPTER XII. 


THE POLICE DEPARTMENT. 

3271 . Powers of policemen to enter buildings—take charge 
of stolen property—serve process.] § 12. The members of the 
police force of the said city cf Chicago, shall possess, in every part of 
the county of Cook, all the common law and statutory powers of con¬ 
stables, except for the service of civil process, and any warrant for 
search or arrest, by any magistrate of the state of Illinois, may be exe¬ 
cuted in any part of the county of Cook, by any member of the police 
force of the said city of Chicago without any backing or indorsement 
of the said warrant, and according to the terms thereof. The superin¬ 
tendent, deputy superintendent, or any captain of police, having just 
cause to suspect that any felony has been or is 1 eing, or is abou': to be 
committed within any building, or on board of any ship, boat or vessel 
within the said city of Chicago or county of Cook, may enter the 
same at all hours of the day or night, to take all necessary measures 
for the effectual prevention or detection of all felonies, and may take, 
then and there, into custody all persons suspected of being concerned 
in such felonies, and also may take charge of all property which he 
or they shall have then and there just cause to suspect has been stolen. 
The members of said police force may also serve or execute any proc¬ 
ess, civil or criminal, issued by the police court of said city, or either 
of the justices thereof. 

vU 4. ylf iLf vh* 

*’T X -T* 4* -T* •'T x 'T* "T* ^ ^ ^ 

3272 . Penalty, assaulting elector or police officer.] § 28. 
It shall be a misdemeanor, punishable by imprisonment in the county 
jail, not less than one year nor exceeding two years, for any person, 
without justifiable or excusable cause, to use personal violence upon 
any elector in said city of Chicago while attending the polls upon any 
election day, or upon any member of the police force thereof when 
in the discharge of his duty; or for any such member to neglect mak¬ 
ing any arrest for an offense against the law of the state, committed in 
his presence, or for any person, not a member of the police force, to 
falsely represent himself as being such member with a fraudulent 
design. [Act February 13, 1863.] 

3273 . Assuming police power—penalty.] § 5. It shall be a 
misdemeanor, punishable by a fine of not less than fifty nor exceeding 
one hundred dollars, for any person not holding an appointment from 
the board of police, either as regular or special policeman, to assume 
to act as a policeman in any capacitv within the city of Chicago. 
[Act March 15, 1869.] 


848 


FORMER CHARTER OF CHICAGO. 


849 


3274. Penalty, unlawfully wearing star. ] § 6. It shall be 
unlawful for any person other than a police officer or patrolman to 
wear a star, or other similar device, like that of a policeman, under 
penalty of not less than twenty-five dollars nor exceeding one hun¬ 
dred dollars. [Act March g, 1867.] 


54 




CHAPTER XIII. 


THE POLICE COURT. 

********** 

3275. Court in each division — deputy clerks.] § 3. The 

common council shall have power to provide for the holding of a police 
court in each division of said city; to designate a justice of the peace 
to hold each of said courts; to fix places for holding them, and to 
provide for the appointment of a sufficient number of deputy police 
court clerks for the same. * * * * * 

[Act February 16, 1865.] 

3276. Suits in the corporate name—lawful to declare in 
debt.] § 5. All actions brought to recover any penalty or for¬ 
feiture incurred under this act, or the ordinances, by-laws, or police 
regulations made in pursuance of it, shall be brought in the corporate 
name. It shall be lawful to declare, generally, in debt for such penalty 
or forfeiture, stating the clause of this act, or the by-laws or ordinan¬ 
ces under which the penalty or forfeiture is claimed, and to give the 
special matter in evidence under it. [Act February 13, 1863.] 

3277. Remission of fines—mayor may release from house 
of correction.] § 7. Neither the mayor or common council shall 
remit any fine or penalty imposed upon any person for the violation 
of the laws or ordinances of said city, unless two-thirds of all the aider- 

men authorized to be elected shall vote for such release or remission. 

********** 

3278. Salary of police justices—fees to be relinquished and 
paid into treasury.] § 8. The said justices shall be compensated 
by salary, to be fixed by the common council, for doing the business 
of said police court, in lieu of all other compensation or fees whatever 
accruing from the business to be disposed of; and the said justices, 
so designated, shall not enter upon their duties, nor be appointed to 
hold such court, as justices of the peace aforesaid, unless they first sign 
and execute an express relinquishment in writing in favor of the city,, 
of all other fees, emoluments or compensation whatever, than what 
may be provided by a salary, to be fixed as aforesaid, by the common 
council; and such express relinquishment shall be filed in the comp¬ 
troller’s office; and all justices’ fees and costs, collected in all actions 
brought for said city, under the city charter, shall be paid into the city 
treasury as other revenue of the city. 

vU vf* »L« \1/ vl* ^1^ 

^ •'T* '7' '(» 'j' »}» /Ji »}» 

3279 . Clerk to prosecute—when.] § 13. It shall be the duty 
of the police court clerk to see that all cases are properly prosecuted 
before said police court, in the absence of the city attorney, and no 

850 


FORMER CHARTER OF CHICAGO. 


851 


police officer shall conduct any prosecution. He shall take care that 
said fines, penalties, forfeitures, fees, judgments and executions are 
collected in all cases as speedily as may be, and the police justices 
shall, so far as possible, aid said clerk in the collection thereof. 

3280. Clerk to report daily—pay over moneys daily.] § 14. 

The said police court clerk shall, at the close of every day, make a 
written report to the comptroller, containing the name and number of 
each case disposed of during the day, in which the city is a party, and 
its final disposition; the names of all witnesses in each case, to whom 
certificates for witness fees have been issued, with the amount of each 
fee; and also the amount of all such fines, fees, penalties and forfeit¬ 
ures as he may have collected during said day. He shall also specify 
in his said report the number of cases pending; the number of cases in 
which any fine, forfeiture or penalty has been inflicted, and the amount 
thereof; and also the amount of moneys outstanding, to be collected 
in such cases, and the state of each case respectively; and, upon 
making each and every such statement, he shall verify the same by 
oath, taken before some competent officer, that such statement is a 
full, fair and complete statement of the moneys received and collected 
by him during said day, and of all matters required by law to be em¬ 
braced in said report. He shall also pay over to the city treasurer, 
at the close of every day, all moneys received and collected by him as 
such clerk, and shall file his receipt therefor with the said comptroller. 

3281. Failure to report and pay over—penalty.] § 15 . In 

case of the failure of such clerk to make such report and pay over said 
moneys daily, as herein required, a notice shall be served on him by 
the comptroller, that, within three days, he is required to make such 
returns, and pay over all moneys received, and in case of the failure 
of said clerk to pay over said moneys and make such report to the 
satisfaction of said comptroller, he shall be suspended and removed 
from office, by the mayor, with the concurrence of the common coun¬ 
cil, and thereupon the mayor, by and with the advice and consent of 
the common council, shall appoint his successor to fill the vacancy] 
during the unexpired term. 

3282. Prosecuting attorney—duties of.] § 16. The common 
council, if it think proper may, by ordinance, provide for the ap¬ 
pointment of a prosecuting attorney for said police court, to manage 
all city cases before it, and, in such case, may provide for his compen¬ 
sation by a salary. In case of the appointment of such prosecuting 
attorney of the police court, he shall prosecute all cases before it, and 
also superintend the collection of fees, fines, forfeitures, judgments and 
executions, and keep a docket thereof, and file a monthly report of the 
number of all cases commenced, and all cases disposed of, with the 
names of parties sued, and the amount of fines, fees and forfeitures 
collected, with the number of cases where moneys are uncollected, 
and the amount thereof, and file such reports in the city comptroller’s 

office. 





852 


FORMER CHARTER OF CHICAGO. 


3283. Council may prescribe other duties of clerk and 
prosecuting attorney.] § 17. The clerk of the police court and 
police prosecuting attorney (if any), shall perform such other duties 
as may be prescribed by ordinance of the common council. 

3284. Sessions of court held in one place—when may be 
changed.] § 18. The sessions of the police court shall be held in 
but one place, where all examinations upon criminal charges before 
the justices thereof shall be had; and where, also, all other business of 
every kind coming before the justices of said police court shall be 
transacted; and the place of holding said court shall not be changed 
without a vote of the common council. 


f 


CHAPTER XV. 


CHICAGO WATER WORKS. 

* * * * * * * * * * 

3285. Aqueducts, etc.—power to construct.) § io. The city 
of Chicago shall have the power to construct such aqueducts along 
the shore of Lake Michigan, or in the highways, or elsewhere in said 
Cook county, and to construct such pumping works, break-waters, 
subsiding-basins, filter beds and reservoirs, and to lay such water 
mains, and to make all other constructions in said county, as shall 
be necessary in obtaining from Lake Michigan a sufficient and abun¬ 
dant supply of pure water for said city. 

3286. Power to extend pipes into lake—erect piers, etc.] 
§ ii. Said city shall have the power to extend aqueducts or inlet 
pipes into Lake Michigan, so far as may deemed necessary to insure 
a supply of pure water, and to erect a pier or piers in the navigable 
waters of said lake, for the making, preserving, and working of said 
pipes or aqueducts: Provided, that such piers shall be furnished 
with a beacon light, which shall be lighted at all such seasons and 

hours as the light on the pier at the entrance of Chicago river. 

* * * * * * * * * * 

3287. Bonds — record to be kept by comptroller.] § 17. 
It shall be the duty of the comptroller of the city of Chicago to keep 
such a record of all bonds, now or hereafter to be issued for the water 
supply of said city, as shall at all times exhibit the number and amount 
of such bonds outstanding, the rate of interest, and when and where 

the principal and interest are payable. 

********** 

3288. Property—penalty for injuring—polluting water—pen¬ 
alty.] § 33. If any person shall willfully do, or cause to be done, 
any act whereby any work, material or property whatever, con¬ 
structed, provided or used within the city of Chicago, or elsewhere, 
by the said board, or by any person acting under their authority, for 
the purpose of procuring or keeping a supply of water, shall in any 
manner be injured, or if any person shall willfully pollute the water, 
such person shall be subject to indictment, and upon conviction 
thereof, shall be punished by fine not exceeding one thousand dollars, 
or imprisonment not exceeding six months, or both, in the discretion 
of the court. [Act February 13, 1863.] 


853 


CHAPTER XVI. 



CHICAGO SEWERAGE WORKS. 

# i|; iji sfc ❖ ^ ^ 

3289. Record of, to be kept by comptroller.] § 20. It 

shall be the duty of the comptroller of the city of Chicago to keep such 
a record of all bonds, now or hereafter to be issued for the sewerage 
of said city, as shall at all times exhibit the number and amount of 
such bonds outstanding, the rate of interest, and when and where 
the principal and interest are payable. 

* * * * i'r- * * ❖ * * 

3290. Sewers—injury to—penalty—regulations concerning.] 

§ 29. If any person shall willfully or maliciously obstruct, damage or 
injure any public or private sewer or drain in said city, or willfully 
injure any of the materials employed, provided or used in said city 
for the purposes specified in this act, he shall be subject to indict¬ 
ment, and upon conviction thereof, shall be punished by fine not 
exceeding one thousand dollars, or imprisonment not exceeding six 
months, or both, in the discretion of the court. 


CHAPTER XVII. 


BOARD OF HEALTH. 

3291 . Dead animals to be removed.] § i. It shall be the 
duty of all person or persons, corporation or corporations, having the 
ownership or control of dead, undressed, unslaughtered hogs, cattle, 
or other animals or animal matter, within the city of Chicago, or 
within four miles of the limits of said city, to remove the same within 
twenty-four hours of their arrival within the above described locality, 
to some point not only out of the city of Chicago, but beyond the dis¬ 
tance of four miles from the limits of said city; and in case the person 
or persons having ownership, control or possession of such dead 
animals shall fail so to remove them within the time specified, it shall 
be the duty of the health officer of Chicago to take immediate posses¬ 
sion of and remove the same. 

********** 

3292 . Machinery, condensers, etc.] § 3. No person or per¬ 
sons, corporation or corporations, shall render or manufacture any 
lard, tallow or soap-grease within the limits of the city of Chicago, 
without adopting such measures, in the way of condensers and other 
machinery, “to the end” of preventing unwholesome and disagreeable 
odors, as the health officer of the City of Chicago may direct. 

3293 . Drains and privies.] § 4. The owner, agent or occu¬ 
pant having the charge of any tenement used as a dwelling, or for 
lodging purposes, within the city of Chicago, shall furnish the same 
with a sufficient drain, under ground, to carry off waste water, and 
also with a suitable privy, sufficient for the accommodation of all who 
may use it; nor shall the contents of any vault be allowed to accumu¬ 
late within twelve inches of the even surface of the ground, or other¬ 
wise, being offensive. 

******** * * 

3294 . Penalty, violation of section 1.] § 6. Any person or 

corporation violating the provisions of the first section of this act, 
shall be liable to a fine of one hundred dollars for each offense. 

3295. Penalty for violation of section 4, after notice.] § 7 . 
Any person or persons neglecting to comply with the provisions of 
section four of this act, shall be liable to a fine of twenty-five dollars 
for failing to comply with the same within a reasonable time (not to 
exceed thirty days), after notice from the health officer of the city of 
Chicago, and a fine of five dollars for every day’s neglect and failure 
thereafter to comply with the provisions of said section four. 

3296 . Penalty for violation of section 3 , after notice.] § 8 . 
Any person or persons, corporation or corporations, neglecting or 

855 


856 


FORMER CHARTER OF CHICAGO. 


refusing to comply with the provisions of section three of this act 
within a reasonable time (not to exceed thirty days), after being noti¬ 
fied by the health officer of the city of Chicago to comply with the 
same, shall be liable to a fine of one hundred dollars, and fifty dollars 
per day for every day thereafter that he or they shall so refuse or 
neglect to comply with the provisions of said section third. 

3297 . Penalties—how recovered.] §9. The penalties provided 
for in this act shall be recovered in an action of debt, to be brought in 
the name of the people of the state of Illinois, against the party offend¬ 
ing, in any justice court or court of record in the county of Cook; one- 
half of the penalty or penalties shall go to the informer who may in¬ 
stitute and prosecute such action, and the other half of such penalty 
shall go to the city of Chicago. [Act February 16, 1865.] 


CHAPTER XVIII. 


SCHOOLS AND SCHOOL FUND. 

3298. School fund of T. 39. R. 14—power of council—pro¬ 
ceeds how applied.] § i. The school lands and school fund of 
township thirty-nine, north, range fourteen, east of the third principal 
meridian, shall be, and the same are hereby vested in the city of Chi¬ 
cago. The common council shall, at all times, have power to do all 
acts and things in relation to said school lands and school fund, which 
they may think proper to their safe preservation and efficient man¬ 
agement, and sell or lease said lands, and all canal or other lots or 
lands, or other property, which may have been, or may hereafter be 
donated to the school fund, on such terms, and at such times, as the 
common council shall deem most advantageous; and, on such sale 
or sales, lease or leasings, to make, execute and deliver all proper 
conveyances, which said conveyances shall be signed by the mayor 
and comptroller, and countersigned by the clerk, and sealed with 
the corporate seal: Provided, that the proceeds arising from such 
sales shall be added to, and constitute a part of, the school fund. 

3299. Principal not to be impaired.] § 2. Nothing shall be 
done to impair the principal of said fund, or to appropriate the in¬ 
terest accruing from the same, to any other purpose than the pay¬ 
ment of teachers in the public schools in said township. 

3300. Powers of council as to school lands, tax funds, etc.] 

§ 3. The common council shall have power: 

First. To erect, hire or purchase buildings suitable for school 
houses and keep the same in repair. 

Second. To buy or lease sites for school houses with the neces¬ 
sary grounds. 

Third. To furnish schools with the necessary fixtures, furniture and 

apparatus. 

Fourth. To establish, support and maintain schools and supply 
the inadequacy of the school fund for the payment of the city 
teachers from school taxes. 

Fifth. To lay off and divide the city into school districts, and, 
from time to time, alter the same or create new ones as circum¬ 
stances may require. 

Sixth. And generally, have and possess all the rights, powers 
and authority necessary for the proper management of schools and 
the school lands and funds belonging to the township, with power 
to enact such ordinances as may be necessary to carry their powers 
and duties into effect. [Act February 13, 1863.] 

3301. School agent—how appointed—bond, etc.] § 9. The 
school agent of said city shall be appointed, biennially, by the board 

857 


858 


FORMER CHARTER OF CHICAGO. 


of education, by and with the advice and consent of the common 
council; and shall receive such annual salary as shall, from time to 
time, be fixed by the board of education, subject to the approval of 
the common council, and, before he shall enter upon the duties of 
his office, he shall execute a bond to the city of Chicago, in such 
sum and with such securities as the common council shall approve. 
The school agent so appointed may be removed at any time by the 
common council, upon the recommendation of said board, and he 
shall make such reports, from time to time, to the said board and 
the common council, concerning the condition of the school funds, 
as they, or either of them, may require. The first appointment of 
school agent under the provisions of this section, shall be made on 
the second Monday of May next, or as soon thereafter as may be. 
[Act February 16, 1865.] 

3302. Power of school agent.] § 4. The school agent shall 
have the custody and management of the money, securities, and 
property belonging to the school fund, subject to the direction of 
the common council. 

3303. Bond — compensation.] § 5. The school agent before 
entering upon his duties, shall give bond in such amount, and with 
such conditions and sureties, as the common council may require. 
His compensation shall be paid out of the school fund; and he shall 
be subject, for misconduct in office, to the same penalties and im¬ 
prisonment, as school commissioners are or may be subject to by 
law. 

v}» »!» »*» o. v 1 ' 

'l' *1* 'I' 'i' 

3304. School agent report to council quarterly.] §21. It 
shall be the duty of the agent of the school fund to report, at the end of 
each quarter, to the common council, the amount of interest on 
hand, and to give the board of education such information as they 
may, from time to time, request in reference thereto. [Act Febru¬ 
ary 13, 1863.] 

3305. Report to board of education monthly.] § 30. It 

shall be the duty of the school agent to report to the president of the 
board of education, on the first day of each month, the condition of 
the school fund derivable from all sources, specifying the amount 
of money on hand and the amount received and expended during 
the month just terminated. This report shall be presented to the 
board at its next regular meeting, and be entered upon its minutes. 
[Act February 15, 1865.] 

3306. School fund to be kept loaned—security.] § 6. The 

school fund shall be kept loaned at interest, at the rate of twelve 
per cent, per annum, payable semi-annually, in advance. No loan 
shall be made, hereafter, for a longer period than ten years, and all 
loans shall be secured by unincumbered real estate of double the 
value of the sum loaned, exclusive of the value of perishable im¬ 
provements thereon: Provided, the common council shall have 
power to reduce the rate of interest, by a vote of two-thirds of all 


FORMER CHARTER OF CHICAGO. 


859 


the aldermen elected; and they may also, by a like vote, author¬ 
ize the investment of said funds in the bonds of the city of Chicago. 

3307 . Securities to be taken in name of city.J § 7 - All 
notes and securities shall be taken, to the city of Chicago, for the use 
of the inhabitants of said township, for school purposes; and in that 
name, all suits, actions, and every description of legal proceedings, 
may be had. 

3308 . Expenses of loan.] § 8 . All expenses of preparing or 
recording securities shall be paid, exclusively, by the borrower. 

3309 . Preference of School fund.] § g. In the payment of 
debts of deceased persons, those due the school fund shall be paid in 
preference to all others, except expenses attending the last illness and 
funeral of the deceased, not including the physician’s bill. 

3310 . Default in payment of interest.] § io. If default be 
made in the payment of interest, or of the principal, when due, 
interest at the rate of fifteen per cent, upon the same shall be charged 
from the default, and may be recovered by suit or otherwise. Suits 
may be brought for the recovery of interest only, when the princi¬ 
pal is not due. 

3311 . Interest on judgments—redemption.] § ii. All judg¬ 
ments recovered for interest or principal, or both, shall respectively 
bear interest at twelve per cent, per annum, from the rendition of 
judgment, until paid; and in case of the sale of real estate thereon, the 
city of Chicago may become the purchaser thereof, for the use of 
the school fund, and shall be entitled to the same rights given by law 
to other purchasers. On redemption, twelve per cent, interest shall 
be paid from the time of sale. 

3312 . No court costs to be charged to school fund.] § 12 . 

No costs made in the course of any judicial proceeding, in which the 
city of Chicago for the use of the school fund may be a party, shall 
be chargeable to the school fund. 

3313 . Insecure debts — proceedings, etc.] § 13. If the se¬ 
curity on any loan should, at any time before the same is due, become, 
in the united judgment of the school agent and common council, inse¬ 
cure, the agent shall notify the person indebted thereof; and, unless 
further satisfactory security shall be forthwith given by the debtor, 
judgment may be recovered thereon, as in other cases, although no 
condition to that effect be inserted in the note or other security. 

3314 . School tax fund.] § 14- The school tax fund shall be 
paid into the city treasury and be kept a separate fund for the building 
of school houses and keeping the same in repair, and supporting and 
maintaining schools; and shall be drawn out only in payment of bills 
approved by the board of education, on the warrant of the comp¬ 
troller, countersigned by the president of the board of education and 
the mayor. [Act February 13, 1863.] 

3315 . One school to be established in each district — free 
instruction.] § 5. There shall be established, in said city, at least one 
common school in each school district now, or hereafter to be, ere- 


860 


FORMER CHARTER OF CHICAGO. 


ated, and free instruction within their respective districts shall be 
given, in said schools, to all children, residing within the limits of the 
city, who are over the age of six years and who may be sent to or 
attend such school, subject to such rules and regulations as may be 
established by the common council, or board of education, pursuant 
to the provisions of this act, and the act to which this is an amendment. 

3316. Children of adjoining towns.] §6. The board of edu¬ 
cation shall have power to admit to the public schools of said city, 
children residing within those towns of Gook county which immedi¬ 
ately adjoin the said city, upon such terms and conditions as said 
board may prescribe. [Act February 16, 1865.] 

3317. Board may confer collegiate degrees.] § 7. The board 
of education shall have power to confer the usual collegiate degrees, 
whenever they shall deem it best for the educational interests of the 
city, and to prescribe the necessary and proper rules for the same. 

* * * * * * * 5k * * 

3318. Council may establish evening schools, and levy taxes 
for their support.] § 9. The common council is empowered to 
establish evening schools, the same to be under the control of the board 
of education, and the funds for their support to be raised by special 
appropriation by the common council. [Act March 9, 1867.] 

3319. No member of board to receive gift, reward, etc.] 
§ 28. It shall be unlawful for the superintendent, or any member 
of the board, to receive, either directly or indirectly, any fee, gift or 
reward from any book-publishing concern, book agent or bookseller, 
or to act as agent or attorney for any book-publishing concern, book 
agent or bookseller, or to be pecuniarily interested in the sale or 
publication of any book used in the public schools; and any violation 
of these provisions shall subject the offender to immediate removal 
from office by the common council. [Act February 13, 1863.] 

3320. How city property sold, and school rents rebated.] § 11 . 
No property belonging to the city of Chicago, or to the school fund 
of said city, shall be sold or conveyed, except upon a vote of three- 
fourths of all the aldermen by law authorized to be elected, and no 
abatement shall be made by the common council of said city to any 
party who shall in any way hold any property, as lessee or other¬ 
wise, belonging to the school fund of said city, unless by a vote of 
at least four-fifths of all the members of the common council of said 
city; and no abatement shall be made on the assessed value of any 
such property, unless by a vote of at least four-fifths of all the mem¬ 
bers of the common council of said city. [Act March 15, 1869.] 


INDEX 


TO 

THE REVISED CODE 

OF CHICAGO 

4 


VOL. I. 






VOL. 1. 


INDEX TO REVISED CODE. 


References are to Sections. For Index to Special Ordinances see Vol. 


A 

Acknowledgment. 

City clerk to acknowledge bonds free, when, 2117. 

(Statutes.) 

Of all official bonds required, 2441. 

Effect thereof as evidence, 2441. 

Advertisements. 

See Bill Posters and Posting. 

Advertising lottery schemes prohibited, 716. 

Advertising quack nostrums, 1302. 

Distribution of hand bills on streets, 1317. 

(Statutes.) 

Power of city council to regulate on streets, 2225, cl. 17, iS. 

Affirmation. 

See Oath. 

Affray. 

(Statutes.) 

Power of city council to prevent and suppress, 2225, cl. 72. 

Agent. 

Of foreign fire insurance company to report premiums, 701. 
Duty to disclose ownership of premises, 1131. 

(Statutes.) 

Of foreign fire insurance companies to report premiums, 2273. 

Aldermen. 

Compensation of, 12. 

Contest of election of, 579. 

Inspection of second-hand dealers’ records, 1786. 

Inspection of junk dealers’ register, 1799. 

Stolen or lost articles to be exhibited to, 1811. 

(Statutes.) 

May be elected on general city ticket, when, 2165. 

City council to consist of mayor and aldermen, 2192. 

Number of aldermen to be elected, 2193. 

Accredited to residence ward after re-districting, 2193. 

Term of office, 2194. 


861 




862 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Aldermen— Continued. 

Vacancy in office of, how filled, 2195. 

Qualifications of, 2196. 

Ineligible to other city salaried office, 2196. 

Having business transactions with city prohibited, 2196. 

City council to judge qualification of, 2197. 

May be punished or expelled by city council, 2198. 

Conviction of bribery, deemed vacation of office, 2198. 

Majority of, to constitute a quorum, 2199. 

Council may compel attendance of, 2199. 

May request yea and nay vote, 2204. 

Vote required to pass ordinances, 2204. 

Number of, required to reconsider at special meeting, 2205. 

Any two may defer report of committee, 2206. 

Any three and mayor may call special meeting, 2208. 

Veto, consideration, pass over, 2210. 

One for each ward elected annually, 2214. 

After first city election, to be classified, 2215. 

New wards, how elected in, 2215. 

Minority representation, 2216, 2217. 

Special election, when no quorum in office, 2223. 

Bribing of, penalty, 2242. 

Prohibited from holding other office, 2243. 

Conservators of the peace, power of arrest, 2246. 

Compensation of, 2248. 

Election of, in annexed territory, 2412. 

With the mayor, may leqse or convey real estate for cemeteries, 2455. 
Unlawful to accept city office, 2969. 

Not to be interested in contract for water works, 3230. 

Aliens. 

(Statutes.) 

Sanitary trustees not to award contracts to, 2567. 

Employment of, in public service prohibited, 2881. 

Employers paid out of public funds to furnish certificate, 2882. 
Penalty for making false certificate of citizenship, 2884. 

Employer to discharge aliens upon notice, penalty, 2885. 

Failure of, to take out final papers, 2886. 

Alley. 

See Streets; Plats. 

Ambulance. 

See Health. 

Amusements. 

Classification for purpose of license, 99. 

License required for amusements, 100. 

License, terms of and fee for, 101. 

City clerk to issue licenses, 102. 

Mayor to classify, 103. 

Annual license, first-class, 105. 

Annual license, second-class, 105. 

Annual license, third-class, 106. 

“Entertainment” defined, 107. 

License subject to ordinances, 108. 

Prohibitions in licenses, revocations, 109. 





INDEX TO REVISED CODE. 


863 


References are to sections. For index to Special Ordinances, see Vol. II. 


Amusements— Continued. 

Concert in saloon, permit for, no. 

Fire marshal’s certificate, posting thereof, in. 

Penalty for not taking out license, 112. 

Social and religious gatherings, rebate, 113. 

Carousell, license for, 114. 

Mutilation of posters, penalty, 115. 

Selling intoxicating liquors without permit, 116. 

Aisles obstructed, penalty, 117. 

Duty of police to enforce ordinance, 118. 

Doors of amusement halls to open outward, 119. 

Programs to show exits, 120. 

Provisions against fire in amusement halls, 120. 

Special police to be employed by proprietor, 121. 

Standing in lobby or entrance prohibited, 122. 

Amusements on streets, 1324. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 41. 
Power of city council to regulate place of, 2225, cl. 58. 

Power of city council to prohibit on streets, 2225, cl. 92. 

Animals. 

Fines for cruelty to, paid to Illinois Humane Society, 47. 

As food, sale regulated, 983-95. 

Cleanliness of cow stables, 960. 

Sick or diseased cow, 961. 

Parturition of cow, 962. 

Causing nuisance, not to be kept, 1030. 

Slaughtering or rendering, license required, 1050-1. 

Keeping in tenement houses prohibited, 1073. 

Stables, cleanliness, infected animals, 1102. 

Permit to yard animals, 1103. 

Animals past recovery or dead, removal of, 1104. 

Notice of dead animal on premises, 1105. 

Diseased or sickly animal not to be brought into city, 1106. 

Sick with glanders or farcy, 1107. 

Individual not to bury, 1108. 

Diseased or injured on street, 1109. 

Cattle and swine, yarding of, 1126. 

Exposure of matter imperiling health, 1138. 

Dock for removal of dead animals, non-interference with, 1140. 
Speed of on street regulated, 1259. 

Speed at intersections and corners, 1260. 

Speed when issuing from alley, 1261. 

Not permitted loose on streets, 1262. 

Driving on sidewalk, 1263. 

Racing on street, 1264. 

Auction sale of animals on street, 1265. 

Speed of on bridges, 1267. 

Leaving unfastened on street, 1268. 

Speed in street tunnel, 1269. 

Loose animals not to be driven through tunnel, 1270. 

Cruelty to, while conveying in vehicles, 1285. 

Indecent exhibition of, 1299. 

Dangerous animal on streets, 1319- 





864 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Animals— Continued. 

Animals in parks prohibited, 1374. 

Animals in waters of parks, forbidden, 1380. 

Impounding, duty of pound-keeper, 1574. 

Running at large, penalty, 1574. 

Hitching to lamp post, penalty, 1695. 

Hitching so as to obstruct sidewalk, 1842. 

(Statutes.) 

Power of city council to regulate speed of, 2225, cl. 21. 

Railroads liable for damages on failure to obey ordinances, relating to, 
2225, cl. 26. 

Power of city council to prohibit and punish cruelty to, 2225, cl. 73. 
Power of city council to regulate and prohibit running at large, 2225, cl. So. 
Running at large, impounding, etc., 2372-7. 


Annexing and Excluding Territory. 

Dram shop licenses, issue of, in annexed territory, 1188. 

(Statutes.) 

Number of aldermen to be elected, 2193. 

Petition by voters for annexation, value of property involved, map, 2378. 
Annexing one corporation to another, vote required, 2379. 

Proceedings by corporation to annex territory, 2380. 

Notice of proceedings for filing petition, publication, etc., 23S1. 
Objection to annexation by legal voters, 2382. 

Finding, costs, etc., 2383. 

Proceedings by owner or owners for annexation, 2384. 

Proceedings to disconnect territory, petition, 2385. 

Map and ordinance of added territory to be recorded, 2386. 

School districts, procedure under this act, 2387. 

Judicial notice, 2388. 

Disconnecting territory, petition, 2389. 

Ordinance to be recorded, 2390. 

Judicial notice, 2391. 

Petition to, how question submitted, returns, 2394. 

Annexation of one-half square mile, 2395. 

™rt_ nexa ^^ n . no ^ l ess than whole of incorporated city, etc. 2303. 

When petitions are presented to annex whole and also part of’a city, 2396. 
Effect of annexation on debts, property, etc., 2397. 

Annual appropriation ordinance, tax levy, 2398. 

Annexation not to stay tax levy, 2399. 

Pending suits, how defended and prosecuted, 2400. 

Indebtedness, apportionment of, division of property, 2401. 

I ax levy made before annexation, 2402. 

Proceedings to improve street before annexation, 240?. 

Proceedings to open street before annexation, 2404. 

Use of water works, gas or elqctric light system, 2405. 

Disputes as to division of property, how determined, 2406. 
iranster of books, documents and papers, 2407. 

Urhcers, provision for continuing, 2408. 

Justices of the peace, provision as to jurisdiction, 2409. 

1ransfei of firemen and policemen, 2410. 

Dramshop ordinances to remain in force, until, etc., 2411 
What constitutes a ward, election of aldermen, 2412. 
bewers and drainage, special assessments, 2413. 

Jurisdiction of county board to annex pajt of city to town, 2414. 





INDEX TO REVISED CODE. 


865 


References are to sections. For index to Special Ordinances, see Vol. II. 


Appeal. 

(Statutes.) 

From comptroller to finance committee, 2271. 

Special assessment cases, appeal from judgment, 2292. 

City, etc., need not give bond on an appeal, 2354. 

Appointments. ( Confirmed by city council .) 

Fire marshal, 602. 

Inspector of fish, 680. 

Inspector of gas meters, 721 
Harbor master, 773. 

Commissioner of health, 805. 

City physician, 827. 

Superintendent Randolph street market, 1218. 

Inspector of oil, 1354. 

Superintendent of police, 1479. 

Magistrates, police court clerks, bailiffs, 1541. 

Pound masters, 1576. 

Commissioner of public works, 1601. 

Board of examiners for licensing steam engineers, 1923. 

Boiler inspector, 1937. 

Inspector weights and measures, 2005. 

(Statutes.) 

To classified service under civil service rules, 2494. 

Appropriations. 

Salaries of officers fixed by appropriation annually, 1334. 

(Constitution.) 

For sectarian purposes, city prohibited from making, 2147. 

(Statutes.) 

Yea and nay vote required on all appropriations, 2204. 

Power of city council to appropriate for corporate purposes only, 2225, cl. 2. 
Salaries of officers, when fixed not to be changed, 2249. 

City council to pass annual appropriation ordinance, 2252. 

Expenditures limited to appropriation, emergency, exception, 2253. 
Contracting liabilities without appropriation prohibited, exception, 2254. 
Tax levy ordinance, 2274. 

Improvement by general tax, cost included in ordinance, 2294. 

For carrying out provisions of civil service act, 2503. 

House of correction, city council’s consent to appropriation, 2916. 

Salaries to be fixed in appropriation bill, not changed, etc., 3172. 

Arbitration. 

Of decisions of commissioner of buildings, 252. 

Arrest. 

Arrest of criminals, reward for, 5. 

Fire inspector, power of, 630. 

Police at quarantine stations, power to arrest, 1037. 

Of violators of quarantine regulations, 1038. 

Superintendent of market, powei to arrest, 1221. 

Power of city police as to violation of park ordinance, 1385. 

Police, power as to, 1509. 

Of porter or runner for violating ordinance, 1777. 

Of persons violating provisions of water ordinance, 1978. 

One having power to arrest may carry a weapon, 1998. 








866 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Arrest— Continued. 

(Constitution.) 

Indictment necessary, exceptions, 2127. 

(Statutes.) 

Sheriff and constable may make like city officer, 2233. 

Mayor and aldermen, powers of, 2246. 

Ashes. 

In wooden vessels or on wooden floor prohibited, 667. 

Receptacle for, required in certain districts, 889. 

Position of vessel or receptacle, 890. 

Deposit of, when forbidden, 893. 

Construction of vehicles for conveying, 895. 

Vehicles to convey not to create a nuisance, 896. 

Vehicles to convey to be covered, 897. 

Manufacturers, etc., to remove, 1128. 

Not to be agitated or sieved, 1134. 

Removal of by bureau of street and alley cleaning, 1675. 

(Statutes.) 

Power of city council to regulate and prevent deposit of, 2225, cl. 15. 

Ass. 

With glanders or farcy not to be brought in city, 1107. 

Assembly, Public. 

(Constitution.) 

Peaceable assembly a constitutional right, 2130. 

Assessments. 

See Special Assessment / Taxes and Taxation. 

Assignation Houses. 

Keeping or maintaining prohibited, 1288-91. 

Asylums. 

(Statutes.) 

Inmates of not legal voters, 2632. 

Attorney. 

See City Attorney; State's Attorney. 

(Statutes.) 

Plaintiffs to recover attorney’s fees in sanitary district cases, 2575. 

Attorney General. 

(Statutes.) 

Enforce provisions of sanitary district act, 2577. 

Auctions and Auctioneers. 

License fee, bond, 123. 

Application, contents, 124. 

Expiration of license, revocation, 125. 

Penalty for selling without license, exception, 126. 

Sales prohibited without license, 127. 

Designate partners and clerks, 128. 

Provisions of ordinance apply to partners or clerks, 129. 

Permit for sales other than at place of business, 130. 

Sale of plate, announce quality. 131. 

Right to return plate sold by fraud, 132. 

Substitution in lieu of article sold, 133. 

Selling under false representations, return of things sold, 134. 




INDEX TO REVISED CODE. 


867 


References are to sections. For index to Special Ordinances, see Vol. II. 


Auctions and Auctioneers— Continued. 

Bidding from street or sidewalk prohibited, permit, 135. 
Death of licensee, 136. 

Sales on street prohibited, permit, 137. 

Noises to attract attention prohibited, 138. 

General penalty, 139. 

Sale of animals on street, 1265. 

(Statutes.) 

Power of city council to license, 2225, cl. 91. 

Auditor of State. 

(Statutes.) 

County clerk to report annexation to, 2397. 

Awnings. 

Movable, elevation and projection, 1823. 

Fixed, manner of constructing, 1824. 

(Statutes.) 

Power of city council to regulate on streets, 2225, cl. 17. 


B 


Badges. 

Free badges and plates to licensees, 16. 

Driver of vehicles for hire, 530. 

Peddlers, 1409. 

Runners and porters, 1771. 

Junk dealers, 1794 - 

Bail. 

Violation of bicycle ordinance, arrest, wheel deposited as, 150. 
Officer making arrest to give receipt for bicycle, 151. 
Surrender of wheel by owner, consent necessary, 156. 

Person arrested may give, 1565. 

Surety must be householder, form of bond, 1566. 

Approval of bond, qualification of surety, forfeiture, 1567. 
Cash substitute for, 1568. 

Cash deposit, record of, forfeiture, 1569. 

Notice of forfeited bond, surety not again qualified, 1570. 

Bailiff of Police Court. 

See Police Courts. 

Ball Alleys. 

See Billiard and Pool Tables. 

Ballots. 

See Elections. 

(Statutes.) ..... 

City to bear expense of printing in municipal election, 2768. 

Ballot Law. 

See Elections. 

(Statutes.) 

Australian system, 2767-2802. 




808 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Banks. 

(Statutes.) 

Receiving city deposits, to give bond for, 2259. 

Banners. 

(Statutes.) 

Power of city council to regulate flying of, on streets, 2225, cl. 19. 

Barbed Wire Fence. 

Prohibited, 1281. 

Removal, 1282. 

Penalty, 1283. 

Barber. 

Sign of, where it may be placed, 1915. 

Barn. 

Regulating use of lights in, 660. 

Allowing to become offensive or nauseous, 1023. 

Basket Peddler. 

See Peddler. 

Bath Houses, Massage, Manicure, etc. 

Application for license, contents, 140. 

License fee, location, 141. 

Contents of license, posting of, 142. 

Revocation of license, 143. 

Doing business without license prohibited, 144. 

Open to police inspection, 145. 

Female attendants prohibited, 146. 

Penalty for violation, 147. 

Bathing. 

Prohibited within city limits unless suitable dress is worn, 1314. 

Bawdy House. 

(Statutes.) 

Power of city council to suppress, 2225, cl. 45. 

Bear, 

At large in street, penalty, 1319. 

Beating Drums—Blowing Horns. 

See Misde?neanors. 

Bell. 

In connection with sleigh or cutter, etc., as a warning, 1266. 

Use of on locomotive engine, 1733. 

To be rung by engineer, 1752. 

As signal to bridge tender in lieu of whistle, 1957 
(Statutes.) 

Use of by railroads, prescribed, 3035. 

Benches. 

See Grades. 

Benzine. 

(Statutes.) 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 





INDEX TO REVISED CODE. 


869 


References are to sections. For index to Special Ordinances, see Vol. II. 


Berries. 

See Fruits, etc. 

Bicycles. 

Speed, rule of the road, 148. 

Lamps at night, 149. 

Arrest for violation of chapter, release, wheel deposited, 150. 

Officer to give receipt, 151. 

Offender booked in court, 152. 

Bicycle returned to owner, 153. 

Refusal to sign agreement, 154. 

Hearing of case, 155. 

Surrender of wheel by owner, consent necessary, 156. 

Penalty, 157. 

Bill Posters and Posting. 

Business prohibited without license, 162. 

Application for license, 163. 

Fees for license, 164. 

Change of location, 165. 

Penalty for doing business without license, 166. 

Where prohibited, penalty, 167. 

Medical advertisements prohibited, penalty, 168. 

Obscene or immoral pictures, prohibited, penalty, 169. 

Revocation of license, 170. 

Distribution of handbills, 1317. 

Prohibited in parks, 1381. 

(Statutes.) 

Power of city council to regulate on street, 2225, cl. 17. 

Billiard and Pool Tables—Pins and Ball Alleys—Shooting Gal¬ 
leries. 

License required, penalty, 158. 

Annual license, exceptions 159. 

Minors not to play, penalty, 160. 

Revocation of license, 161. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 44 - 

Birds. 

Killing in city limits, 1316. 

Births and Deaths. 

See Health. 

Blacksmith Shop. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 82. 

Blasting. 

Prohibited in city, exceptions, 171 - 
Permit required, 172. 

Bond,. 173. 

Covering blast, 174- 
Notice of firing blast, 175. 

Penalty, 176. 






870 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Board of Education. 

See Schools; Employment. 

May issue permit for employment of children, 468. 

(Statutes.) 

Issue certificate to child to work, 2864. 

May authorize employment of children, 2864. 

Board of Election Commissioners. 

See Elections. 

Board of Health. 

See Health. 

(Statutes.) 

Power of city council to appoint, etc., 2225, cl. 76. 

Board of Trustees. 

See Drainage and Sewerage. 

Boarding Houses. 

Water closets and privies, 851-2. 

Report as to sickness, 866. 

Unwholesome food, 988. 

Ventilation of, 1065-7. 

Overcrowding prohibited, 1069. 

Report of contagious diseases, 1075. 

Boats. 

Steam Boats. 

License required, 177. 1 

License fee, 178. 

Penalty for not obtaining license, 179. 

Sail and Row Boats. 

License required, 180. 

License fee, 181. 

Place of business, 182. 

Number on boats, 183. 

Minors, use by prohibited, 184. 

Penally, 185. 

Body. 

See Health.. 

Boilers. 

S ee^Steam Boilers. 

(Statutes.) 

I owei ol city council to prevent dangerous construction of, 2225, cl. 63. 

Bonds. 

City comptroller, 23. 

Comptroller’s clerks, 25. 

Comptroller custodian of, 27. 

Investment of water fund, 45. 

How made payable to particular person by endorsement 48. 
norm oi endorsement for that purpose, 49. ’ ;i 

improvement bonds, special assessment, 50. 1 

norm of coupons for same, 51. 

Custody and sale of same, proceeds, 52. 







INDEX TO REVISED CODE. 


871 


References are to sections. For index to Special Ordinances, see Vol. II. 


Bonds —Continued. 

Improvement bonds to anticipate-assessments, 53. 

Series of such bonds to be divided, 54. v 

City treasurer, 55. 

Bonds of his assistants, 57. 

City collector, 65. 

Corporation counsel, 76. 

City attorney, 84. 

Prosecuting attorney, 93. 

Auctioneer, 123. 

Blasting, to prosecute business of. 173. 

Commissioner of buildings, 220. 

His subordinates, 221. 

Plousemovers’ bond, 270. 

Coaches and cabs, drivers of, 476. 

Drain layer’s bond, 562. 

Fire marshal, 604. 

Subordinates of fire marshal, 607. 

Inspector of fish, 681. 

Subordinates of inspector of fish, 682. 

Inspector of gas meters, 722. 

Harbor master, 774. 

Bridge tenders and other employes, 774. 

Commissioner of health, 806. 

City physician, 828. 

Cigarettes, dealers in, 875. 

Contractor for removal of dead animals, 886. 

Superintendent of milk and food division, department of health, and 
assistant, 934. 

Other assistants and employes, 936. 

Ice dealers, 966. 

Night scavenger, 1006. 

Saloon keeper for license, 1175 - 
Brewers and distillers, 1190. 

Wholesale malt liquor dealers, 1195. 

Wholesale spirituous liquor dealers, 1203. 

Wholesale vinous liquor dealer, 1209. 

Superintendent Randolph street market, 1219. 

Official, conditioned as provided in statute, 1330. 

Sureties, justification, 1331. 

Oath of sureties, 1332. 

Acknowledgment, approval by city council, 1333. 

City clerk to endorse and file, 1333. 

Bond of official newspaper, 1347. 

Bond of contractor for city printing, 1352. 

Inspector of oils, 1356 - 
Pawnbroker, 1391. 

Plumber, 1416. 

Superintendent of police, 1480. 

Subordinates in police department, 1494 - 
Police court clerks, 1546. 

Deputy clerks and bailiffs, 1547 - 
Police Court bailiffs, 1556. 

Form of special bail bond, 1566. 

Poundmaster to give bond, I 57 & 




872 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Bonds —Continued. 

Commissioner of public works, 1602. 

Bonds of subordinates, 1603. 

Of contractors for public works, 1614. 

Contractor’s bond of indemnity, 1623. 

Schedule of sureties on, 1627. 

Deputy commissioner of public works, 1642. 

Superintendent of street and alley cleaning, 1674. 

Contractors for street and alley cleaning, 1674. 

Contractors for street cleaning, 1680. 

All bonds to run to city, 1685. 

Runners’ and porters’ bond, 1769. 

Of second hand dealer, 1782. 

Junk dealers’ bonds, 1792. 

Boiler inspector’s bond, 1939. 

Street sprinklers’ bond, 1982. 

Inspector of weights and measures, 2006. 

City weighers, 2026. 

New may be substituted for old, cancellation, 2115. 

City clerk to acknowledge free, when, 2117. 

(Statutes.) 

Power of city council to issue bonds for city debts, etc., 2225, cl. 5. 
Power of city council to issue refunding bonds, 2225, cl. 6. 

Banks receiving city deposits, 2259. 

In matter of appeal in special assessment cases, 2292. 

City or village need not give appeal bond, 2354. 

Annexation, payment of bonds to be assumed, by annexing city, 2397. 
New bonds may be issued for indebtedness or in place of old ones, 2417. 
Valuation of taxable property to be endorsed on bond, 2418. 

Question of issuing bonds may be submitted to election, notice, 2419. 
Surrender of old, cancellation, destruction, 2420. 

New bonds, registration, 2420. 

Auditor to certify rate required based on year next preceding, 2421. 
State to be custodian of tax collection, payment, 2422. 

Money, how disbursed, 2423. 

When registered bonds mature and are not paid, 2424. 

Entry of payment of registered bond by auditor, 2425. 

Fees, collector’s bond, 2426. 

Bonds, by whom executed, 2427. 

New bonds for old indebtedness, 2428. 

Sinking fund for local indebtedness, 2430. 

Auditor to fix rate for tax for sinking fund, 2431. 

Fund, how invested, 2432. 

Canceled bonds, payment of surplus fund, 2433. 

Bond fund, certified copy of resolution for warrant, 2434. 

Act in effect after passage, 2435. 

Registered bonds, payment of surplus funds, 2436. 

Bonds held void, warrant drawn for balances, 2437. 

City, etc., to pass resolution before warrant drawn, 2438. 

Refusal of auditor to draw warrant, mandamus, 2439. 

Issue of, to prevent inundation, 2541. 

Payment of such bonds, 2542. 

Condemned property belonging to persons under disability, 2544. 
Rights of holders of such bonds, 2546. 

Power of sanitary trustees to issue, 2565. 








INDEX TO REVISED CODE. 


873 


References are to sections. For index to Special Ordinances, see Vol. II. 


Bonds— Continued. 

Tax to pay such bonds, 2566. 

Issue of by sanitary trustees on special assessment installment, 2571. 
To keep dram shop, 2589. 

Use of condemned premises before payment, 2853. 

In anticipation of collection of special assessments, 3162. 

Form of bond, 3162. 

Applies to municipal corporations, 3163. * 

Assessments may be paid in bonds, 3164. 

Official. 

Mayor (as city officer), 2238. 

City clerk (as city officer), 2238. 

Of city officers, to be approved by city council, 2238. 

City clerk’s bond to be filed with city treasurer, 2238. 

When additional or new bonds may be required, 2441. 

Release of sureties, 2442. 

Effect of new bond, 2443. 

When effects to be delivered to sureties, 2444. 

Suit on bond, provisions apply to executors, etc., 2445. 
Execution, lien, 2446. 

Election commissioners, 2652. 

Inspector and superintendent of house of correction, 2930. 

Oil inspector, 2973. 

Treasurer of police and firemen’s fund, 3055. 

Bone Factory. 

Bone boiling or rendering prohibited, 1059-60. 

Carrying on business of bone boiling prohibited, 1062. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 81. 

Bonfires. 

Prohibited in streets, exception, 659. 

Prohibited in parks, 1383. 

(Statutes.) 

Power of city council to regulate and building of, 2225, cl. 65. 

Book Making. 

See Gaming. 

Boundary. 

(Statutes.) 

Jurisdiction over waters, 2234. 

Breach of Peace. 

Conduct tending to, penalty, 1287. 

Bread. 

Quality and weight, 186. 

Size of loaves, brand, 187. 

Penalty, 188. 

Permit to carry on business, 189. 

Right of police to enter, seizure, 190. 

Bread seized, how disposed of, 191. 

Penalty for re-offering to sell, 192. 

Biscuits, buns, etc., ordinance not to apply to, 193 - 
(Statutes.) 

Power of city council to regulate sale of, etc., 2225, cl. 52* 




874 


INDEX TO REVISED CODE. 


» 


References are to sections. For index to Special Ordinances, see Vol. II. 


Brewers. 

(Statutes.) 

Power of city council to license, 2225, cl. 91. 

Brewers and Distillers. 

License, definition, weiss beer excepted, 1189. 

Application, contents, bond, 1190. 

Fee, 1191. 

Vehicles to be marked, 1192. 

Penalty, 1193. 

Brewery. 

Deposit of nauseous matter in lake or river, 1021. 
(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 82. 

Bribery. 

Of examiner, etc., of stationary engineers, penalty, 1930. 
(Constitution.) 

Conviction of, a disqualification for office, 2131. 

(Statutes.) 

Aldermen convicted of, office vacated, 2198. 

Of officials, penalty, evidence, 2242. 

Under civil service act, 2508-12. 

Officers convicted of, penalty, 2970. 

Brick. 

See Public Works (Brick Pavements'). 

(Statutes.) 

Power of city council to regulate inspection of, 2225, cl. 54. 

Bridewell. 

See House of Co?'rectio?i. 

Bridge Tenders. 

See Harbor and Harbor Master. 

Bridges and Ferries. 

Driving on after signal to open, 194. 

Driving on faster than a walk, 195. 

Drove of cattle limited, 196. 

Willfully remaining or stopping on, 197. 

Rule of the road, 198. 

Oder of crossing, 199. 

Breaking line, penalty, 200. 

Obstruction on, 201. 

Processions, breaking step, 202. 

Fire apparatus crossing, 203. 

Vessel signals on bridge, 204. 

Signals prescribed, 205. 

Duty of vessels, 206. 

Bridge closed, hours, 207. 

Bridge opened, hours, 208. 

Open for vessels, ten minutes, 209. 

Violations by bridge-tender, penalty, 210. 

Penalty for violations, 211. 

Harbor master’s duty, 212. 

Tender, appointment of, bond, 773-4. 






INDEX TO REVISED CODE. 


875 


References are to sections. For index to Special Ordinances, see Vol. II. 


Bridges ancl Ferries— Continued. 

Harbor master to report damages to, 777. 

Injury to bridge, 783. 

Speed of vessels through draw, forbidden anchorage, 784. 

Steam tug for sailing vessels, 785. 

Reasonable time allowed for opening, 786. 

Rule of the road at or near bridge, 1311. 

Signals to bridge-tender by masters of vessels, 1956. 

Bells may be substituted for whistle, 1957. 

(Statutes.) 

Power of city council to construct, repair and regulate use of, 2225, cl. 28. 
Power of city council to regulate opening and passing, 2228, cl. 38. 
License and regulate tolls, 2887. 

To maintain ferries and bridges, toll, 2888. 

Construct roads leading to bridge, 2888. 

Control by city, 2889. 

Penalty for fast driving on bridges, 2890. 

Railroad trains to stop, 3042. . 

Brokers. 

License required, fee, 213. 

Broker defined, 214. 

Real estate broker defined, 215. 

Insurance broker defined, 216. 

Penalty, 217. 

(Statutes.) 

Power of city council to license, 2225, cl. 91. 

Buildings. 

Department created, 218. 

Office of commissioner created, 219. 

Bond, approval of, 220. 

Powers, subordinate officers, bonds, 221. 

Duty of commissioner, 222. 

Fire, prevention of, 223. 

Removal of combustible materials, 224. 

Inspection of buildings, 225. 

Eminent domain, plat of property to be taken, 226. 

No permit to issue until ordinance repealed, 226. 

Powers and jurisdiction of commissioner, 227. 

Inspection of elevators and hoistways, 228. 

Dangerous buildings, tearing down, etc., 229. 

Commissioner to establish rules, etc., 230. 

Preventing improper construction, etc., 231. 

Signing certificates, notices, permits, fees, 231. 

Record of transactions of department, 232. 

Record of fees corrected, 233. 

Commissioner’s monthly report, 234. 

Commissioner’s annual report, 235. 

Commissioner’s salary, 236. 

Deputy commissioner’s qualifications and duty, 237. 

Deputy commissioner’s salary, 238. 

Secretary, appointment, duties, 239. 

Inspectors of buildings, qualifications, 240. 

Inspectors of buildings, duties, 241. 






876 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings —Continued. 

Inspectors of buildings, daily reports, records, 242. 

Inspectors to examine dangerous buildings, 243. 

Inspectors to examine buildings to be raised, altered, etc., 244. 
Inspectors’ general duties, 245. 

Inspectors of elevators, qualifications, 246. 

Inspectors of elevators, duties, records, 247. 

Elevator inspection fee, 248. 

Elevator inspection certificate, 249. 

Elevator inspectors’ general duties, 250. 

Power to enter buildings for inspection, 251. 

Estimating damages, discretionary powers, arbitration, 252. 

Demolition of dangerous buildings, 252. 

Permit required to erect, enlarge, repair and remove buildings, 253. 
Work to commence within six months or permit void, 253. 

Application for permit, mode of issue, 254. 

Plans and specifications not to be altered, 255. 

Deviation in work, approval of, 255. 

Permit, prerequisites of issue, 256. 

Bond to be filed before issue of permit, 256. 

Permit fees for water used, 257. 

Fees for building permits proper, 258. 

Occupation of street and walk during construction, 259. 

Temporary sidewalks elevated for delivery of materials, 260. 

Roof over sidewalks to prevent accidents, 260. 

Occupation of street for materials, 260. 

Earth and rubbish removed daily, 260. 

Derrick on sidewalk prohibited, 261. 

Occupation of street beyond lot limits, 262. 

Occupation of street limited to time of building and to materials for inline 
diate use, 263. 

Danger signals at night, 264. 

Location of hospital, consent of residents, 265. 

Location of stable, gas house, paint, oil or varnish works, 266. 
Residences only in residence blocks, 267. 

Alteration or raising of wooden buildings, 268. 

Removal of wooden buildings, 269. 

Removal of buildings, house movers’ license, 270. 

Permit for removal of buildings, 270. 

Revocation of permit for violations, 271. 

Fire limits, building within, 272. 

Strength of timber constructions, 272. 

Frame buildings outside fire limits, 273. 

Raising frame buildings, changing roof, 274. 

Repair or removal of frame buildings, 275. 

Combustible roof, repair prohibited, 276. 

Frame building, dimensions, building line, 277. 

Two frame buildings on same lot, distance between, 277. 

Frame buildings, chimneys, 278. 

Frame buildings, extending height, 279. 

Frame buildings, raising, 280. 

Building^ within fire limits, 281. 

Sheds, size, location, use, 282. 

Open shelter sheds, 283. ' ' 




INDEX TO REVISED CODE. 


4 877 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings —Continued. 

Classification of buildings, 284. 

Alteration of use of buildings, 284. 

Fire-proof construction, defined, 285. 

Skeleton construction, defined, 285. 

Slow burning construction, defined, 285. 

Mill construction, defined, 285. 

Ordinary construction, defined, 285. 

Foundations, materials for, 287. 

Cellar and foundation walls, 288. 

Pile foundations, 289. 

Foundations other than pile, how proportioned, 290. 
Foundations on pure clay soil, 291. 

Foundations on dry sand soil, 292. 

Foundations on mixed clay and sand, 293. 

Foundations on wet soil, 294. 

Foundations on filled or made ground, 295. 
Foundations, depth of, materials. 296. 

Foundations materials, construction, 297. 

Foundations, steel or iron construction, 298. 
Foundations, concrete, load, 299. 

Foundations, dimension stone, 300. 

Foundations and walls, rubble stone, 301. 

Brick work; how laid, 302. 

Joists, ledges for, 303. 

Pressed brick facings, etc., 304. 

Brick piers, bond stone, etc., 305. 

Hollow walls, bond plates, anchors, 306. 

Hollow tile, porous terra cotta, 307. 

Stone, quality of, for walls, piers, etc., 308. 

Stone to be tested before used, 308. 

Stone, limits of stress, 309. 

Stone facing for brick walls, 310. 

Cast iron subject to crushing stress only, 311. 

Cast iron pillars, formulae, 313. 

Cast iron lintels, brackets and corbels, 313. 

Riveted columns, load, formulae, 314. 

Steel girders, beams, corbels, trusses, etc., 315. 

Plate girders, rivets, formulae, 316. 

Connections of rolled beams and girders, 316. 

Wooden pillars, loads, formula, 317. 

Timber girders, load, formula, 318. 

Formulae explained, 319. 

Fire-proofing of steel and iron structural parts, 320. 
Iron or steel plates to support covering, 321. 

Terra cotta for fire-proofing, backing of, 322. 

Hollow tile fire-proofing, 323. 

Horizontal filling between vertical members, 324. 
Walls, tops of, upper surfaces of offsets, covering, 325. 
Internal structural parts, fire-proofing of, 326. 
Coverings for columns, 327. 

Columns, lower part covered with sheet iron, 328. 
Columns, plastering on metallic lath, 329. 

Internal columns, fire-proof covering, 330. 

Iron and steel beams, covering, 331. 




878 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings —Continued. 

Air space in fire-proof covering, 332. 

Structural iron or steel, fire-proofing of, 333. 

Beams, covering, how applied, 334. . 

Iron or steel floor supports, filling, 335. 

Walls, thickness of, 336. 

Bay windows and light shafts, walls of, 337-8. 

Light shafts, hollow tile walls, 339. 

Bay windows, etc., incombustible material. 340. 
Classification, mode of construction, height, 341. 
Wind pressure, allowance for, 342. 

Basement, defined, 343. 

Stories, defined, 344. 

Roofs, erections on, 345. 

Fire walls, 346. 

Window and door sills, 347. 

Store fronts, pillars and lintels, 348. 

Roofs, construction of, 349. 

Roofs, carrying water from, 350. 

Sheet metal cornices, gutters, 351. 

Towers, domes, spires, limitation of, 352. 

Skylights, construction of, 353. 

Bay and oriel windows, walls of, 354. 

Cornice, belt course, balcony, projection of, 355. 
Veranda, portico, enclosure of, 356. 

Sidewalks, use for steps or open areas prohibited, 357. 
Space under sidewalks, incombustible covering, 358. 
Chimneys, construction of, 359. 

Chimneys outside of building, construction of, 360. 
Metallic chimneys or smoke pipes, 361. 

Smoke pipes through partition, protection of, 362. 
Boilers, furnaces, ovens, etc., protection of, 363. 
Cupolas of foundries, height and protection of, 364. 
Hot air pipes, material and construction, 365. 

Hot air registers, floor openings for, 366. 

Floor beneath stoves and ranges, protection of, 367. 
Walls, class I., thickness of, 368. 

Walls of stairs, elevator shafts and shaving pits, 369. 
Walls, where thickness may be reduced, 370. 

Ice storage house, construction, roof, walls, 371. 
Workshops, salesrooms, stairs of, 372. 

Stairs and fire escapes, obstruction of, 373. 

Door openings at street level, width of, 374. 

Increase in height of buildings, rules, 375. 

Ceiling and roof, space between, 376. 

Iron shutters, where required, 377. 

Dividing walls, class l., where required, 378. 

Dividing walls, openings in, construction, 379. 

Elevator buildings, construction of, 380. 

Walls, class II., thickness of, 381. 

Walls of stairs and elevators, 382. 

Enclosing walls, joist supports, 383. 

Dividing walls of apartment houses, hotels, etc., 384. 
Fire stop, hotels, lodging and boarding houses, 385. 
otairs, class II., number and width, 386-7. 





INDEX TO REVISED CODE. 


879 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings —Continued. 

Windows, class II., dimensions, 388. 

Air space and light shafts, 389. 

Floor construction, class I., strength, 390. 

Notice of floor strength to be posted, 391. 

Floor strength, classes II., III. and IV., strength, 392. 

Roofs of all buildings, bearing power, 393. 

Alterations when made to conform to ordinance, 394. 

Alteration, increasing thickness of walls, 395. 

Walls, hollow tile in lieu of brick, 396. 

Party-walls, 397. 

Walls, increase of, foundation for, 398. 

Buildings of class III., walls, stairs, construction, 399. 

Class IV., subdivided, thickness of walls, 400. 

Class IV., walls of upper stories, 401. 

Class IV., iron or steel pillars in walls, 402. 

Class IVa, seats for 800, two frontages, 403. 

Class IVa, seats for over 800, three frontages, 404. 

Class IVa, constructed relative to seating capacity, 405. 

Class IVb, constructed relative to seating capacity, 406. 

Class IV. devoted to uses of other classes, 407. 

Buildings over 60 feet high connected with buildings of class IV., 408. 
Class IV. connected other buildings, iron doors, 409. 

Spires, cupolas, domes, construction of, 410. 

Spires and domes, when to be removed, 411. 

Isolated buildings of class IVa, roofs, 411. 

Class IV., floor levels, 412. 
vflass IV., elevation of floors, 413. 

Class IV., stairways, exits, aisles, passageways, 414. 

Class IV., aisles and corridors, 415. 

Class IV., emergency exits, 416. 

Class IV., doors, wall between auditorium and stage, 417. 

Class IV., stage floors, 418. 

Structures above auditorium, 419. 

Flues or ducts over stage, 420. 

Stage storerooms, 421. 

Exit signs, 422. 

Stage fire extinguishing apparatus, 423. 

Stand pipe, hose, etc., on stage, 424. 

Class IVb, fire extinguishing apparatus, 425-6. 

Theaters, employment of firemen, 427. 

Permits for class IV., contents of, 428. 

Class IV., lighting of, 429. 

Class IVb., electric light, lamps, 430. 

Class IVa., lighting of, 431. - 

Inspection of stand pipes,_ lights, fire apparatus, etc., 432. 

Movable awnings, elevation, 433. 

Fixed awnings, construction, elevation, 434. 

Railings and fences, spikes prohibited, 435. 

Elevators, hatch closers, 436. 

Elevators, wall in lieu of hatch closers, 437 - 
Elevator shafts and enclosures, iron doors, 438. 

Elevator shafts without walls, incombustible material, 439. 

Elevator shaft, roof to be skylight, 440. 

Scaffolds, construction of, 441. 







880 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings —Continued. 

Mode of building, 442. 

Fire Escapes and Stand Pipes. 

Stand pipes, ladders, etc., when required, exceptions, 443. 

Inspection certificates, 444. 

Fire escapes with ladders, specifications, 445. 

Balcony anchors and braces, specifications, 446. 

Balconies, specifications of, 447. 

Ladders, specifications of, 448. 

Stand pipes, specifications of, 449. 

Siamese, specifications of, 450. 

Anchors, how bolted, 451. 

Painting, specifications, 452. 

Permit for fire escape, fee, 452. 

Duty of inspector to condemn faulty work, 453. 

Water tanks, limitations, permit for, 454. 

Buildings in parks, subject to ordinance, 455. 

Fire limits, construction of buildings within, 456. 

Dangerous and defective buildings, tearing down, 457. 

General penal clause, 458. 

Obstructions in street, signal, passageway, 459. 

Inspection of buildings of class IV., 460. 

Power to close buildings of class IV. for violations, 461. 

Theater license, revocation for violation of building ordinance, 462. 
Signs on buildings, material, size, 463. 

Wooden fence, height of, 464. 

Lumber, storage of limited, 465. 

Petroleum, storage of, specifications, 466. 

Health Provisions. 

Inspection of plumbing, 845. 

Construction, use, 846. 

Ventilation, light, 847. 

Roofs, drainage, 848. 

Condemned Buildings, 849. 

Schools, churches, etc., 850. 

Water closets, 851. 

Number of closets, 852. 

Connections with sewers, 853. 

Construction of water closets, 854. 

Sev/er gas, 855. 

Sewer connections, 856. 

Sewers, construction and repair, 858. 

Penalty, 859. 

Tenement and Lodging Houses. 

Conform to requirements of ordinances, 1064. 

Construction and use, ventilation, 1065. 

Lodging house, ventilation, 1066. 

Height of ceilings, windows, 1067. 

Chimneys, water, cellar, etc., 1068. 

Adequate water closets, 1070. 

Tenement house defined, 1076. 

Lodging house, defined, 1077. 

Cellar, defined, 1078. 

Penalties, 1079. 




INDEX TO REVISED CODE. 


881 


References are to sections. For index to Special Ordinances, see Vol. II. 


Buildings— Continued. 

Tenement and Lodging Houses —Continued. 

Construction of scaffolds, 1310. 

Building in street, refusal to move, 1884. 

Penalty for delay in moving house, 1885. 

Building in progress, signals on street, 1894. 

Obstructions in street, 1896-8. 

Power to demolish unsanitary buildings, 2124-6. 

(Statutes.) 

Power of city council to regulate construction of, 2225, cl. 61. 

Power of city council to regulate construction of fire escapes, 2225, cl. 61. 
Power of city council to regulate repair of wooden buildings, 2225, cl. 62. 
Regulating the means of egress from public buildings, 2447. 

Penalty, 2448. 

When public buildings may be closed, 2449. 

Fire escapes on certain kinds, 2891. 

Construction of, 2891. 

Plans for tenement houses, inspection of, 3218. 

Plumbing for tenement houses, 3219-20. 

Bull. 

Indecent exposure of, 1299. 

Bumping Posts. 

Steam railroad companies to place, 1740. 

Bureau of Street and Alley Cleaning. 

See Street and Alley Cleaning. 

Subject to health department in matter of removal of garbage, 887. 

Burglar. 

Possession of tools of, 1304. 

Burial of the Dead, 

See Health. 

Business. 

(Statutes.) 

Power of city council to regulate offensive or unwholesome, 2225, cl. 83. 

Butchers. 

Deposit of offal in sewers or drain prohibited, 911. 

Refrigerators, 976. 

Market regulations, 977. 

Inspection of foods, 978. 

Offal and refuse, conveyance through streets, 979. 

Sanitary regulations, 980. 

Markets, cleansed, 981. 

Penalty, 982. 

Deposit of nauseous matter in river or lake, 1021. 

License required, 1230-1. 

Fee, 1232. 

Health officer may inspect, 1233. 

Refuse in streets, 1234. 

Disposal of refuse, 1235. 

Butcher, defined, 1236. 

Prohibited parts of animals in markets, 1237. 

Meats sold by weight, 1238. 

56 




882 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Butter. 

(Statutes.) 

Power of city council to regulate sales, etc., 2225, cl. 50. 
Power of city council to provide inspection of, 2225, cl. 53. 

Butterine. 

See Health. 



Cable Railway. 

See Railways. 

Prerequisite to grant upon street, 2225, cl. 90. 

Cabmen. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 42. 

Cabs. 

See Coaches, Cads and Carts. 

Calaboose. 

(Statutes.) 

Power of city council to establish, erect and regulate, 2225, cl. 69 

Calf. 

Immature excluded from sale, when, 993. 

Canals and Slips. 

Deposit of garbage, offal, etc., prohibited, 908-11. 

Selling ice taken from, 967. 

Pollution of, deposit of offensive matter, 1020-1. 

Gas manufactory, deposit in, 1127. 

Bathing or swimming in, 1314. 

(Statutes.) 

Power of city council to construct and repair, 2225, cl. 31. 

Power of city council to purify and cleanse, 2225, cl. 40. 

Laying out, widening or extending, 3024. 

Candles. 

Use of in building prescribed, 662. 

Candy. 

Impregnated with liquor, sales to minors prohibited, 1280. 

Cannon. 

See Firearms , Fireworks and Cannon. 

Car Heating. 

Street railway companies required to heat cars, 1718. 

Carousell. 

License for, conditions, 114. 

Carriage. 

See Coaches , Cabs and Carts. 





INDEX TO REVISED CODE. 


883 


References are to sections. For index to Special Ordinances, see Vol. II. 


Carriage Stands. 

See Coaches, Cabs and Carts. 

Cars. 

Cars in motion, boarding or leaving, 1313. 

Cart. 

See Coaches, Cabs and Carts. 

Carters. 

Power of city council to license and regulate, 2225, cl. 42. 

Cartridges. 

See Firearms, Fireworks a?id Cannon ; Gunpowder and Explosives. 

Cattle. 

See Health. 

Diseased not to be killed for food, 994. 

Slaughtering of in street prohibited, 1055. 

Diseased not to be brought in city, 1106. 

Prohibited in parks, 1374. 

Drove of cattle in streets limited, 1869. 

Sale of on street prohibited, 1875. 

(Statutes.) 

Power of city council to prohibit running at large, 2225, cl. 80. 

Cattle Yard. 

Allowing to become nauseous or offensive, penalty, 1023. 

Cellar. 

Nauseous or injurious to health, penalty, 1025. 

Floors of, cement, 1068. 

Cellars and unventilated places, 1072. 

Cellar defined, 1078. 

(Statutes.) 

Power of city council to remove or cleanse, 2225, cl. 84. 

Cellar Door. 

Not to be left open, 1853. 

Cemeteries. 

(Statutes.) 

Power of city council to establish and regulate, 2225, cl. 79 - 
Jurisdiction of city over beyond limits, 2225, cl. 79 - 
Providing for removal of, 2450. 

Control by corporate authorities, 2451. 

Establishing and maintaining by city, etc., 2453. 

Power of two or more cities, etc., to establish jointly, 2454. 

Mayor and aldermen may lease or convey real estate for cemetery pur¬ 
poses, 2455. 

Exemption from taxation, 3091. 

Census. 

(Statutes.) 

Power of city council to take every three years, 2225, cl. 85 - 
Population to be based on latest U. S. census, 2352- 

Cesspool. 

See Privy, Vault, Sink or Cesspool. 

(Statutes.) . „ . 

Power of city council to construct, repair and regulate, 2225, cl. 29. 





884 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Charter of Chicago. 

(Former) 3248, 3320. 

Cheese. 

(Statutes.) 

Power of city council to regulate sale of, 2225, cl. 50. 

Power of city council to provide for inspection of, 2225, cl. 53. 

Chicago. 

(Constitution.) 

Justices of the peace appointed, jurisdiction, 2140. 

Term of and removal, 2140. 

(Statutes.) 

Power to issue bonds to meet maturing, 2417. 

Constituted a drainage district, 2551. 

Powers of, as such, 2551-6. 

Chicago Erring Women’s Refuge. 

(Statutes.) 

Act concerning proportion of fines to be set aside for, 2456-9. 

Chicago Public Library. 

See Libraries. 

Chicago River. 

See River. 

(Statutes.) 

Power to widen and deepen north branch, 2551. 

Chicago Water Works. 

See Water. 

Children. 

See Workshops; Employment. 

Under fourteen, employment prohibited, exceptions, 467. 

Permit for employment of children over ten years of age, 468. 
Contents of permit, revocation of, 468. 

Employment of, prohibited without permit, 469. 

Penalty for employing without permit, 470. 

Penalty for evasion of ordinance, 471. 

Exhibition of children prohibited, 472. 

Endangering life or health of children prohibited, 473. 

Various acts of cruelty to, prohibited, penalty, 474. > 

Under sixteen not to be licensed as drivers, 511. 

Sale, loan, etc., to children of firearms, prohibited, 671. 

Not to be exposed to contagious disease, 873. 

Vaccination of minors, 1083. 

Drinking liquor or gaming in dramshop,* 1187. 

Sale of cigarettes or liquored candy to, 1280. 

Pawnbrokers not to purchase from minors, 1399. 

Under sixteen not to be employed by pawnbrokers, 1401. 
Second-hand dealers and junk dealers, not to purchase from 1805. 
Sale of deadly weapons to, 2001. 

(Statutes.) 

Under fourteen not to be employed in workshops, 2871-3. 






INDEX TO REVISED CODE. 


885 


References are to sections. For index to Special Ordinances, see Vol. II. 


Child Labor. 

See Employment; Workshops. 

(Statutes.) 

Unlawful under thirteen years of age, 2863. 

When board of education may authorize, 2864. 

When certificate may be granted, 2865. 

Not to be employed without certificate, 2866. 

Penalty for non-compliance, 2867. 

Chimney. 

See Buildings; Health. 

(Statutes.) 

Power of city council to prevent dangerous construction, 2225, cl. 63. 

Church. 

Ventilation and cleanliness, 850. 

(Constitution.) 

Not to receive aid from city, etc., 2147. 

(Statutes.) 

Doors of exit or egress to open outward, 2447. 

Penalty, 2448. 

When may be closed, 2449. 

Cigarettes. 

License, application, bond, 875. 

License, contents, 876. 

License, term, fee, 877. 

Revocation of license, 878. 

Posting license, 879. 

Failure to post, 880. 

Inspection by commissioner of health, 88r. 

Sale without license, penalty, 882. 

Sale of adulterated cigarettes, penalty, 883. 

Sale of, to minors, 1280. 

Circuit Court. 

(Statutes.) 

Jurisdiction of disputes on annexation of territory, 2405-6. 

Of eminent domain proceedings, procedure, 2842-50. 

Of persons under disability, to endorse drainage bonds, 2544. 

Two judges of, to act, as commissioners of sanitary district, 2557. 

Circus. 

See Amusements. 

Not to parade on streets without permit, 1870. 

Citizens. 

See Employment. 

(Statutes.) 

Only citizens to be employed in public works, 2881. 

City. 

See City Council; Mayor; Revenue. 

(Constitution.) . . 

Appropriation for sectarian purposes prohibited, 2147. 

Property may be exempted from taxation, 2149 - 
Taxation, state not to release city from, 2150. 

May make local improvements by special assessment, 2151. 

Taxation of municipality must be uniform, 2151. 






886 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City —Continued. 

Indebtedness, limitation of, 2154. 

Warehouseman in cities, duties of, 2158. 

Municipal subscription to railroads, etc., prohibited, 2158. 

(Statutes.) 

How to become incorporated under act of 1872, 2159. 

Notice of election to incorporate city, 2160. 

Form of ballot, result recorded, 2161. 

How towns may become cities, 2162. 

How contiguous territory organized as, 2163. 

Courts to take judicial notice of organization of, 2164. 

Election of officers of newly incorporated, 2165. 

Term of officers of newly incorporated, 2167. 
iSlame of newly incorporated powers, 2168. 

Prior ordinances to remain in full force, 2169. 

' Rights of prior corporation to vest in new, 2170. 

Record of result of election to be recorded, 2171. 

Recorder of deeds to succeed city register, 2172. 

Number of aldermen to be elected, 2193. 

Aldermen ineligible to any other office, 2196. 

Aldermen prohibited from business dealings with, 2196. 

Officers elected, when, 2211. 

Officers elected biennially, 2212. 

Who entitled to vote at election, 2213. 

Council to divide city into wards, 2214. 

Aldermen, how classified, term, 2215. 

Finances of, fiscal year, etc., 2251-73. 

May buy in real or personal property, when, 2322. 

May adopt article concerning special assessments, 2331. 

Collection of special assessments by installments, 2334. 

Persons accepting vouchers shail have no lien against, etc., 2341. 
Acquiring property for water works, jurisdiction over by city, 2347. 

Need not give appeal bond, 2354. 

Changing from city to village, 2371. 

Disconnecting city territory, procedure, etc., 2389-93. 

Annexation, law governing property, improvements, "debts, etc., 2394-2416. 
New bonds for old indebtedness, 2417-28. 

Power to compel labor on streets, 2879. 

Aliens, employment prohibited, 2881. 

May contract with county for use of house of correction, 2921. 

City is a police district, 2935. 

Plat of addition to or subdivision of to be recorded, 3024. 

Power to convey real and personal property, 3026-28. 

Power to convey real estate for schools, 3029-32. 

Exemption from taxations, 3091. 

Power to buy in at tax sale, 3138. 

Rebate of tax when property destroyed bv fire, 3141-3. 

City may refund illegally collected tax,'3150. 

Liable for damages caused by riots, 3165-71. 

Si erty al 3i98 may C ° nStrUCt and Collect cost from 0wner of abutting prop- 

Toll gate within, prohibited, 3225. 

Power to maintain water works, 3230. 

Power to borrow money and levy tax for water works, 3231. 

Power to acquire property for water works, 3232. 




« 


INDEX TO REVISED CODE. 


887 


References are to sections. For index to Special Ordinances, see Vol. II. 


City —Continued. 

Power relative to water works increased, 3238-9. 

Power to contract for water supply, 3240. 

Power to purchase or lease water works, 3243. 

City of Chicago. 

Former charter, 3248-3320. 

City Attorney. 

Department of law created, 73 
Bond, 84. 

Drafts of ordinances, 85. 

Drafts of deeds, etc., 86. 

Docket of city cases, 87. 

Delivery of documents to successor, 88. 

Annual report to city council, 89. 

Appointment and removal of assistants, 90. 

(Statutes.) 

Election of, biennially, 2212. 

Elective officer, 2235. 

Bond, oath, 2238. 

May inspect records of house of correction, 2917. 

Member board of trustees firemen’s fund, 3062. 

Member of police fund commissioners, 3079. 

City Clerk. 

Duties, appointment of deputy, 13. 

Engrossment of ordinances, 14. 

Record and publication of ordinances, etc., 15. 

Free badges to licensees, 16. 

Amusement license, 102. 

Auctioneer’s license, 128. 

Drivers of coaches, cabs, etc., license of, approval of bonds, 476. 
Metal plates and badges for cartmen, 521. 

Residences of cartmen to be taken, 523. 

Badges and pins for drivers of coaches, etc., 530. 

Dog license, fee, 548. 

Book of registry for dogs, tags, 550. 

Registry of impounded dogs, 553 - 
Druggist’s license to sell liquor, 576. 

Register permits to sell, etc., gunpowder and other explosives, 756. 
Issue licenses, 1166. 

Countersign licenses, 1169. 

Approve saloon bonds, H 75 - 

Approve and file bonds of brewers and distillers, 1190. 

Approve bond of wholesale malt liquor dealers, ii 95 - 
Approve bond of wholesale spirituous liquor dealers, 1203. 
Approve bond of wholesale vinous liquor dealers, 1209. 

Endorse approval of officer’s bond and file same, 1333 - 
Fees prescribed for various duties, 1336. 

Duty to acknowledge bonds free, when, 2117. 

(Statutes.) 0 

Ordinances to be deposited in the office of, 2189. 

Elected biennially, 2212. . 

Du tv to notify persons elected or appointed to office, 2222. 
Publication of penal, etc., ordinances, when in force, 2227. 




888 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Clerk —Continued. 

Elective officer, 2235. 

Bond (as city officer), oath, 2238. 

Bond to be filed with city treasurer, 2238. 

Prohibited from holding other office, 2243. 

Duties, prescribed, 2244. 

Duty as to record of ordinance, etc., 2245. 

Power to administer oaths, 2250. 

Financial duties of, to be performed by comptroller, 2268. 
Appointment of subordinates, 2272. 

Certify to county clerk, ordinance levying tax, 2274. 

Give notice of election to change city to village, 2371. 

To record ordinance disconnecting territory, 2390. 

To record ordinance apportioning debts, on annexation, 2401. 
To attest bonds issued, 2427. 

Election returns delivered to, 2641. 

Nomination certificates to be filed with, time, 2773. 

Bond of treasurer of P. and F. relief fund to be filed, 3055. 
Member of board of trustees firemen’s fund. 3062. 

Member of police fund commissioners, 3079. 

Duty of in relation to laying sidewalks by taxation, 3197, 3200. 
Issue certificate for bounty for killing English sparrows, 3204. 

City Collector. 

Annual settlement with comptroller, 42. 

Office created, term, 63. 

Appointed by mayor, consent of council, 64. 

Bond, approved by council, 65. 

Clerks, appointment of, 66. 

Duties, execute warrants, etc., 67. 

Daily payments to treasurer, 68. 

Monthly statement to comptroller, 69. 

Books of account, 70. 

Annual report of delinquent special assessments, 71. 

Rebate on special assessments, 72. 

Property owners’ consent for caroused, 114. 

Auctioneer’s license, fee, 123. 

Application for bath house, etc, license, 140. 

Bath house, etc., license fee, 141. 

License to run billiard, etc., room, 159. 

Application for bill poster’s license, 163. 

Fees for bill poster’s license, 164. 

Change of bill poster’s location, 165. 

License fee for steam boats, 178 
License fee for sail and row boats, 181. 

Broker’s license fee, 213. 

Receipt for fees from commissioner of buildings, 234. 

License fees for public carts, 509. 

License fee for dogs, 548. 

Redemption fee for impounded dogs, 554. 

Redemption fee when tag is lost, 555. 

Vicious dogs, impounding, removing. 556. 

Druggist’s license for sale of liquor, 576. 

Receipt for all moneys for licenses granted, 1171. 

Approve saloon bonds, 1175. 





INDEX TO REVISED CODE. 


889. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Collector— Continued. 

Approve bond of brewers and distillers, 1190. 

Approve bond of wholesale malt liquor dealers, 1195. 

Approve bond of wholesale spirituous liquor dealers, 1203. 
Approve bond of wholesale vinous liquor dealers, 1209. 
(Statutes.) 

City council may provide for office of, 2236. 

Duties, 2263. 

Report to comptroller, 2264. 

Not to detain money, penalty, 2265. 

Examination of books, paying over money, 2266 
Further duties may be required by city council, 2270. 

Appeal to finance committee, 2271. 

May appoint subordinates, 2272. 

Notice of special assessment warrants for collection, 2314. 
Manner of collecting, entry of payment, 2315. 

Report of delinquent list to county collector, 2316. 

Paying over moneys, compensation, 2320. 

Collection by suit for amount of special assessments, 2329. 
Notice to be given in matter of installments, 2336. 

City Comptroller. 

See Official Paper. 

Sale and conveyance of tax titles, 6. 

Reports from city clerk, 13. 

Department of finance created. 17. 

Comptroller head of such department, 18. 

Fiscal year, 19. 

Municipal year, 20. 

City comptroller, office created, 21. 

Appointment of comptroller by mayor, 22. 

Bond of comptroller, 23. 

Appointment of clerks, 24. 

Bonds from clerks, 25. 

Duties of subordinates, 26. 

Fiscal agent of city, duties and authority, 27. 

Revise, audit and settle accounts, 28. 

May require verification of claims, 29. 

Record of house of correction. 30. 

Appoint appraisers under city lease, 31. 

Acceptance of cession of streets to city, 32. 

Records of comptroller, 33. 

Obtain monthly statements of receipts, etc., 34. 

Officer’s neglecting to make reports to, 35. 

Unexpended appropriations, general fund, 36. 

Debit officers receiving money, 37. 

Annual statement, contents, 38. 

Annual estimates, contents, 39. 

Monthly statement, 40. 

Countersign warrants, 41. 

Annual settlement, 42. 

Interest on judgments, payment, 43. 

Monthly report of pay rolls, 44. 

Investment of water fund, 45. 

Fines and license fees credited to relief fund, 46. 




890 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Comptroller —Continued. 

Fines imposed by Illinois Humane Society, 47. 

Make bonds payable to particular person by endorsement, 48. 

Form of endorsement in such cases, 49. 

Improvement bonds, special assessment, 50. 

Form of coupon for same, 51. 

Custody and sale of same, proceeds, 52. 

Improvement bonds to anticipate assessments, 53. 

Series of such bonds to be divided, 54. 

City treasurer’s monthly report, 58. 

Fines from commitment to house of correction, 59. 

Treasurer to report defalcations, 60. 

Inspection of treasurer’s books, 61. 

Daily receipts from city collector 68. 

Monthly statement from collector, 69. 

Supervise collector’s books, 70. 

Corporation counsel’s annual estimate, 83. 

City attorney’s bond filed with, 84. 

Approval of bonds of assistants to commissioner of buildings, 221. 
Inspection of records of department of buildings, 232. 

Commissioner of buildings, monthly report, 234. 

Commissioner of buildings, annual report, 235. 

Must furnish inspector of gas meters with all necessary apparatus, etc., 743. 
Authority in matter of cremation of garbage, 916. 

Duties relative to official newspaper, and contracts for printing, 1341-52. 
Report of oil inspector, 1359. 

Custody of revised ordinances, 1370. 

Warrant on police fund, 1503. 

Police magistrate to report daily, 1544. 

Appoint and remove deputy police court clerks and bailiffs, 1547. 

Police court clerks to report daily, 1550. 

To furnish blanks for police court reports, 1550. 

Police court clerks to pay over fines, 1551. 

Pay witness fees in police court cases, 1553. 

Failure to report, suspension, substitute, 1554. 

Suspend bailiffs for misconduct, 1557. 

Suspend clerk or bailiff for violating ordinances, 1558. 

Discretion as to payment of salary after suspension, 1559. 

Reports of clerks and bailiffs to be checked, 1561. 

Suspend clerk or bailiff for discrepancy in report, 1561. 

Justices sheets, clerks and bailiffs reports to be properly bound, 1561. 
Duty of law department to assist in checking, 1561. 

Police court clerk to report forfeited bail bonds, 1567. 

Police court clerks to report cash deposits for bail, 1569. 

Notify sureties on forfeited bail bonds, 1570. 

Send forfeited bond to prosecuting attorney, 1570. 

Monthly settlements with justices in city cases, 1573. 

To approve pound masters’ bonds, 1578. 

Monthly report by pound keepers, payment of fees, etc., 1592. 

Sale of animal, pay excess of proceeds to owner, 1593. 

To audit pound keepers’ accounts monthly, 1595. 

Commissioner of public works to sign all requisitions, 1606. 

Rooks open to examination by, 1607. 

Payments on contracts, how made, 1610. 

Consent in writing on contracts exceeding $500, 1614. 




INDEX TO REVISED CODE. 


891 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Comptroller —Continued. 

Payment of funds certified by commissioner of public works, 1628. 

Pay over surplus from deposits for restoration of streets, 1638. 

Collect deficiency on certificate of commissioner of public works, 1638. 
Examiners of stationary engineers to make daily report, 1929. 

Boiler inspector to report monthly, 1951. 

Payment of one-half of fees into city treasury, 1951. 

Disposal of fines imposed for violation of ordinances relating to water, 1980. 
Inspector of weights and measures to report monthly, 2014. 

Pay into city treasury one-half of all fees, 2014. 

Examine books of city weighers, 2035. 

(Statutes.) 

City council may create office of, 2236. 

Treasurer’s receipts (copies) to be filed with, 2257. 

Treasurer’s monthly statement, etc., to be filed with, 2258.- 
Treasurer’s annual report to be filed with, 2260. 

Warrants on treasurer to be countersigned by comptroller, 2261. 

Books, etc., of city collector open to inspection of, 2263. 

City collector to report to, 2264. 

May examine books of city collector, 2266. 

Powers and duties of comptroller, 2267. 

Council may define his duties, 2268. 

Transfer of clerk’s financial duties, 2268. 

Record of bonds issued by city, 2269. 

Further duties may be required of, by city council, 2270. 

Appeal to finance committee, 2271. 

Appointment of subordinates, 2272. 

Election returns delivered to, 2641. 

To inspect records of house of correction, 2917. 

Quarterly statement to be inspected, 2918. 

Member of board of trustees police and firemen’s relief fund, 3053 - 
Duty to draw warrant on treasurer, 3056. 

Member of board of trustees firemen’s fund, 3062. 

Member of police fund commissioners, 3079. 

Property destroyed by fire, rebate of taxes, 3143, 3144 - 

City Council. 

Appointment of standing committees, 10. 

Reports of committees, 11. 

Compensation of aldermen, 12. 

Notice of meetings, 13. 

Consent to appointment of comptroller, 22. 

Approval of comptroller’s bond, 23. 

Comptroller’s annual estimates, 39 - 
Comptroller’s monthly statement, 40. 

Comptroller’s report of pay rolls, 44. 

Inspect treasurer’s books, 61. 

Designate city banks of deposit, 62. 

Consent to appointment of collector, 64. 

Approval of collector’s bond, 65. 

Consent to appointment of corporation counsel, 75 - 
Approval of city attorney’s bond, 84. 

Consent to appointment of commissioner of buildings, 219* 

Annual report of commissioner of buildings. 235. 

To hear contests of election of aldermen, 580. 




892 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Council— Continued. 

Permit from, to slaughter cattle, 980. 

Slaughtering cattle at new places prohibited without permit, 1057. 

Permit for slaughter-house or yard, 1057. 

Permit for rendering establishment, 1059-60. 

Manufactories generating offensive gas, 1129. 

May establish police courts, 1539. 

Consent to appointment of pound masters, 1576. 

Consent to appointment of commissioner of public works, 1601. 

Approve bond of commissioner of public works, 1602. 

To authorize all contracts in public works department exceeding $500, 1615. 
Approve bond of deputy commissioner of public works, 1642. 

Railways, permit from council to change from steam power to electric 
power, 1759. 

Electric wires prohibited without permit from council, 1760. 

Order extension of water mains, 1671. 

Consent to appointment superintendent bureau street and alley clean¬ 
ing, 1674. 

Approve bond of superintendent, 1674. 

Pipe-laying in streets, permit, 1892. 

May authorize paving when pipes or sewers not in, 1893. 

May order removal of lamp posts used for signs, 1912. 

Consent to appointment board of examiners for licensing engineers, 1923. 
Consent to appointment boiler inspector, 1937. 

Consent to appointment inspector weights and measures, 2005. 

Inspector weights and measures to report, 2008. 

To report incorrect weights to, 2011. 

(Statutes.) 

Mayor to preside over, casting vote, 2178. 

Mayor to report release of prisoners to, 2181. 

Mayor to inform council and recommend measures, 2184. 

Mayor’s veto of ordinances, objections in writing, 2189. 

Composed of aldermen and mayor, 2192. 

Term of office of members, 2194. 

Vacancy in office of alderman, how filled, 2195. 

Members ineligible to other office, when, 2196. 

Powers. 

To elect mayor to fill vacancy, when, 2175. 

To elect mayor pro tern., 2176. 

May disapprove mayor’s removal of officers, 2179. 

To fix compensation of revisers of ordinances, when, 21S7. 

Passage of ordinances over mayor’s veto, 2190. 

Duty to re-district cit} r , when, 2193. 

Judge of its own members, 2179. 

To determine rules, punish, and expel members, 2198. 

Conviction of bribery a vacation of office, 2198. 

Majority of, to constitute a quorum, 2199. 

Members present may compel attendance, 2199. 

May presci ibe times and places of meeting, 2200. 

May elect chairman in absence of mayor, 2201./ 

To sit with open doors, 2202. 

To keep journal of its proceedings, 2203. 

Yea and nay vote, when required. 2204. < 

Majority vote required to pass ordinance, 2204. 1 





INDEX TO REVISED CODE. 


893 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Council— Continued. 

Powers —Continued. 

Two-thirds vote required to sell property, 2204. 

Vote not reconsidered at special meeting unless, etc., 2205. 

Committee report deferred on request of two, 2206. 

Territorial jurisdiction in health matters, 2207. 

Mayor and three aldermen may call special meeting, 2208. 

Ordinances, approval, in effect by lapse of time, veto, 2209. 
Reconsideration and passage of ordinance, over veto, 2210. 

To divide city into wards, 2214. , 

Powers granted to city council, 2225. 

Control of city finances and property, 2225, cl. 1. 

Appropriate money, provide for payment of debts, etc., 2225, cl. 2. 

Levy and collect taxes, 2225, cl. 3. 

Fix amount, terms and manner of issuing licenses, 2225, cl. 4. 

Borrow money and issue bonds, 2225, cl. 5. 
xCefunding debts, 2225, cl. 6. 

Open and improve streets, 2225, cl. 7. 

Plant trees upon the same, 2225, cl. 8. 

Regulate use of streets, 2225, cl. 9. 

Prevent and remove obstructions, 2225, cl. 10. 

Provide for lighting streets, 2225, cl. 11. 

Provide for cleaning streets, 2225, cl. 12. 

Gas and water pipes, sewers and drains, 2225, cl. 13. 

Sidewalks, use of, obstructions on, 2225. cl. 14. 

Prevent deposit of ashes, offal, etc., 2225, cl. 15. 

Provide and regulate cross-walks, curbs, gutters, 2225, cl. 16. 

Regulate street signs, posts, awnings, etc., 2225, cl. 17. 

Regulate posting hand-bills, advertisements, etc., 2225, cl. 17. 

Regulate carrying banners, placards, etc., in streets, 2225, cl. 18. 

Regulate flags, etc., across streets, etc., 2225, cl. 19. 

Regulate sales and traffic on streets, etc., 2225, cl. 20. 

Regulate speed of horses, vehicles, cars, etc., 2225, cl. 21. 

Regulate numbering of houses and lots, 2225, cl. 22. 

Name and change names of streets, etc., 2225, cl. 23. 

Permit, regulate and prohibit track-laying, 2225, cl. 24. 

Provide for and change location, grade and crossing of railroads, 2225, 

d. 25. . , 

Require construction of railroad fences, guards, etc., 2225, cl. 26. 

Require flagmen at railroad crossings, 2225, cl. 27. 

Require railroads to raise or lower grade, etc., 2225, cl. 27. 

Require railroads to provide drainage, etc., 2225, cl. 27. 

Construct and repair bridges, viaducts and tunnels, 2225, cl. 28. 
Construct and repair drains, sewers, etc., 2225, cl. 29. 

Deepen, cover, widen, etc., channel of water courses, 2225, cl. 30, 
Construct and repair canals and slips, 2225. cl. 31. 

Construct and repair public wharves, docks, etc., 2225, cl. 32. 
Regulate and control use of public wharves, docks, etc., 2225, ci. 33. 
Control and regulate anchorage and cargo landing, 2225, cl. 34 - 
License and regulate boats used in harbor, 2225, cl. 35. 

Fix rates of wharfage and dockage, 2225, cl. 36. 

Collect wharfage and dockage from boats, 2225, cl. 37. 

Regulate use of harbor, towing vessels, etc., 2225. cl. 38. 

Appoint harbor masters and define duties, 2225. cl. 39. 

Cleanse and purify waters and watercourses, 2225, cl. 40. 




894 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Council —Continued. 

Powers —Continued. 

Drain or fill pond on private property, when, 2225, cl. 40. 

License and regulate peddlers, pawnbrokers, etc., 2225, cl. 41. 

License and regulate amusements, shows, etc., 2225, cl. 41. 

License and regulate cabmen, expressmen, etc., 2225, cl. 42. 

License and regulate runners, 2225, cl. 43. 

License and regulate billiard, ball alleys, etc., 2225, cl. 44. 

Suppress disorderly houses, houses of ill fame, etc., 2225, cl. 45. 
Suppress gambling, lotteries, etc., 2225, cl. 45. 

Prohibit sale of obscene and immoral pictures, 2225, cl. 45. 

License and regulate sale of liquor, etc., 2225, cl. 46. 

Grant permits to druggists for sale of liquor, 2225, cl. 46. 

Limitation of power as to liquor license, 2225, cl. 47. 

Prohibit sale of liquor to minors, idiots, drunkards, etc., 2225, cl. 48. 
Establish and regulate markets, 2225, cl. 49. 

» Regulate sale of meats, poultry, fish, etc., 2225, cl. 50. 

Prevent and punish forestalling and regrating, 2225, cl. 51. 

Regulate the sale of bread, etc., 2225, cl. 52. 

Provide and regulate inspection of meat, etc., 2225, cl. 53. 

Regulate inspection, weighing, measuring of merchandise, 2225, cl. 54. 
Regulate inspection and sealing of weights and measures, 2225, cl. 55. 
Enforce use of proper weights and measures, 2225, cl. 56. 

Regulate vaults, cisterns, areas, hydrants, pumps, sewers, etc., 2225, cl. 57. 
Regulate places of amusement, etc., 2225, cl. 58. 

Prevent disorderly conduct, 2225, cl. 59. 

Regulate partition fences and party walls, 2225, cl. 60. 

Regulate construction of buildings, 2225, cl. 61. 

Regulate construction of lire escapes, 2225, cl. 61. 

Prescribe fire limits and repair of buildings within, 2225, cl. 62. 

Prevent construction of dangerous chimneys, etc., 2225, cl. 63. 

Regulate factories, etc., dangerous for fire, 2225, cl. 63. 

Provide engine houses and fire engines, 2225, cl. 64. 

Regulate storage of explosives and combustibles, 2225, cl. 65 
Regulate use of lights in stabies, etc., 2225, cl. 65. 

Regulate use of fireworks, etc., 2225, cl. 65. 

Regulate police, and pass police ordinances, 2225, cl. 66. 

Provide for inspection of steam boilers, 2225, cl. 67. 

Prescribe powers and duties of police, 2225, cl. 68. 

Erect places for detention of prisoners, 2225, cl. 69. 

Use county jail for detention of prisoners, 2225, cl. 70. 

Establish relations between officers, employes, etc., 2225, cl. 71. 
Prevent and suppress riots, disorderly assemblies, etc., 2223, cl. 72. 
Prohibit and punish cruelty to animals, 2225, cl. 73. 

Restrain vagrants, mendicants and prostitutes, 2225, cl. 74. 

Declare and abate nuisances, 2225, cl. 75. 

Appoint board of health, etc., 2225, cl. 76. 

Erect hospitals and dispensaries, 2225, cl. 77. 

Prescribe health regulations, 2225, cl. 78. 

Establish and regulate cemeteries, 2223, cl. 79. 

Regulate and prohibit animals, etc., running at large, 2223 cl. 80 
Power to tax dogs, 2225, cl. 80. 

Locate and regulate packing houses, etc., 2225, cl. 8r. 

Locate and regulate breweries, etc., 2225, cl. 82. 

Locate and regulate stables, foundries, 2225, cl. 82. 




INDEX TO REVISED CODE. 


895 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Council— Continued. 

Powers—C ontinued. 

Prohibit offensive business, etc., 2225, cl. 83. ; 

Compel cleansing of nauseous or unwholesome places, 2225, cl. 84. 
Provide for taking census, 2225, cl. 85. 

Provide for erection and care of public buildings, 2225, cl. 86. 
Establish ferries, toll bridges, etc., 2225, cl. 87. 

Authorize construction of mill-races, 2225, cl. 88. 

Extend street over or sewer under railroad track, 2225, cl. 89. 

Grant to lay tracks on petition only, 2225, cl. 90. 

License auctioneers, distillers, brewers, lumber yards, 2225, cl. 91. 
License stables, public scales, money changers, brokers, 2225, cl. 91. 
Prohibit amusements, etc., on streets, 2225, cl. 92. 

Prohibit and regulate lumber yards, 2225, cl. 93. 

Provide supplies, etc., by contract to lowest bidder, 2225, cl. 94. 
License second-hand and junk dealers, 2225, cl. 95. 

Prohibit purchases from minors, when, 2225, cl. 95. 

Pass penal ordinances, limitation, 2225, cl. 96. 

License and regulate itinerant merchants, 2225a. 

Style of city ordinances, 2226. 

Publication of ordinances, when to take effect, 2227. 

May provide for prisoners working out fines, 2231. 

Members of, elective officers, 2235. 

May prescribe additional elective officers, 2236. 

May discontinue any office, 2236. 

Approve mayor’s appointments, 2236. 

Prescribe duties, powers and term of officers, 2237. 

Approval of bonds of officers, 2238. 

Bribery of members of, penalty, 2242. 

To provide city seal, 2244. 

Annual appropriation ordinance, 2252. 

Limitation, emergency, borrowing money. 2253. 

Contracting liabilities limited, unless, 2254. 

Power to examine books of treasurer, 2255. 

' Treasurer to render monthly statement to, 2258. 

Treasurer to report annually, publication, 2260. 

May prescribe rules for and examine books, etc., of city collector, 2263-6. 
Comptroller’s annual estimates to, 2267. 

May define duties of comptroller, 2268. 

May require further duties of comptroller, collector and treasurer, 2270. 
Ordinance levying tax, limitations, 2274. 

When tax levied for particular purpose, 2277. 

Appoint commissioners to estimate cost of improvements, 2298. 
Approve commissioner’s report and order petition filed, 2299. 

When special assessment set aside, 2323. 

Damage to private property, when city may advance pay for, 2343. 

Water, power to provide and regulate use of, and to borrow money, 2346. 
Power to make rules, etc., and establish water rates, 2348. 

May provide for approval of maps, 2350. 

Pass ordinance to disconnect territory, 2389. 

Apportionment of debt of annexed territory, 2401. 

License to keep dramshops in annexed territory, 2411, 

Election of aldermen in annexed territory, 2412. 

Power to remove cemetery, 2450. 

Control of cemetery by city authorities, 2451. 




896 


INDEX TO REVISED CODE. 


References are to sections. F'or index to Special Ordinances, see Vol. II. 


City Council— Continued. 

Power to establish cemetery, acquire land, etc., 2453. 

Power of two or more cities to establish cemetery jointly, 2454. 

Power to sell or lease land for cemetery purposes, 2455. 

To protect site from overflow, etc., 2525-37. 

To abate stagnant water, 2535. 

Drainage district bonds, may issue, 2541. 

Powers relative to drainage districts, enforcement by ordinance, 2545. 
Powers relative to Chicago drainage district, 2551-6. 

Power to license dramshops, 2601-3. 

Power to permit druggists to sell liquor, 2601. 

Power to require inhabitants to labor on streets, 2879. 

License and regulate ferries and bridges, 2887. 

To maintain ferries and bridges, 2888. 

To construct roads leading to bridges and control same, 2888-9. 

To establish public hospitals, 2901. 

To establish house of correction, 2914. 

Appointment of inspectors, annual report, levy taxes, salaries, 2918, 2926, 
2929. 

To enforce ordinances on boats within two miles, etc., 2932. 

To establish library, 2938. 

Pass ordinances concerning library, directors of, report, etc., 2938-65. 

May grant control of streets for boulevards, 2995. 

May vest city parks in park commissioners, 3000. 

May designate streets for pleaoiire driveways, 3002. 

May control and regulate pleasure driveways, 3004. 

May establish museums in public parks, 3006. 

May vest control of streets in park commissioners, 3011. 

May authorize sale of real and personal property, 3026. 

Real and personal property held for school purposes, 3029. 

Ordinances concerning speed of railroad trains, 3047. 

Chairman committee on police and fire, member board trustees police 
and firemen's relief fund, 3053. 

Large portion of taxable property destroyed, rebate of taxes, 3143-4. . 
May change appropriation bill on account of fire, 3144. 

May appropriate money to refund illegal taxes, 3152. 

Power to levy sewerage fund tax, 3157. 

Power to levy water fund tax, 3158. 

Power to fix salaries, not to be changed during term, 3172. 

Members of board of education, consent to appointment of, 3174. 

To consent to certain powers of board of education. 3178. 

To consent to conveyances by board of education, 3182. 

Not to exercise powers given to board, 3185. 

May contract for sewerage system, 3195-6. 

Power to construct sidewalks by taxation, 3197. 

To license persons in charge of steam boilers, 3209. 

To provide for examining board, 3210. 

Elevated railroad on street, permission of, 3211. 

Power to vacate streets, by three-fourths vote, 3214-15. 

Consent of. necessary to erect poles on street, 3217. 

Water works, construction and maintenance of. 3230. 

Members not to be interested in contracts. 3230. 

Make rules and regulations for water supply, 3233. 






INDEX TO REVISED CODE. 


897 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Courts. 

(Statutes.) 

Act authorizing creation of, 2460-84. 

City Deposits. 

Council may designate city banks as depositories, 62. 

(Statutes.) 

Bank of deposit to be designated by ordinance, 2259. 

City Employes. 

Mayor’s clerks, duties, 9. 

Superintendent of police may appoint as special policemen, 1490. 
Eight hours constitute day’s work for, 1688. 

Exceptions, extra pay for overtime, 1688. 

City Engineer. 

See Public Works. 

City Hall. 

Mayor to control flags and decorations, 7. 

City Hospital. 

See Health (Contagious Diseases ). 

City Life Boats. 

Harbor master to have charge of, etc., 778. 

City Marshal. 

(Statutes.) 

Election or appointment of, powers, etc., 2236, 2246. 

City Officers. 

See Officers. 

City Physician. 

See Health. 

City Printing. 

See Official Newspaper. 

Matter to be printed, approval of comptroller, payment for, 1348 
Comptroller to obtain copies of blanks, 135 °- 
Bids for blanks, form of, 1351. 

Contract for blanks, 1352. 

Bond of contractor, 1352. 

City Prison. 

See House of Correction. 

Non-exposure of inmate to disease, 1132 - 

City Sealer. 

See Weights and Measures. 

Supervision of weight of bread, 186. 

City Telegraph. 

See Superintendent of City Telegraph. 

Injury to poles, penalty, 653. 

Wrongful opening of boxes, 654 - 

City Treasurer. 

Member of department of finance, 18. 

Annual settlement by comptroller, 42. 

Bond of city treasurer, 55. 

Appointment of assistants, 56. 

•57 




898 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


City Treasurer— Continued. 

Bonds of assistants, 57. 

Duties of city treasurer, 58. * 

Duties as to fines, receipt to comptroller, 59. 

Report defalcations to comptroller, 60. 

Books of account, 61. 

Banks for city deposit, 62. 

Daily payments from collector, 68. 

Receive deposits from users of gas, 746. 

Return of deposits made by users of gas, with interest, 747. 

Rate of such interest, 748. 

When deposit is too small, 749 
Payment of impounding fees, 1580. 

Superintendent of water to report each day moneys received, 1650. 
(Statutes.) 


Elected biennially; not to be his own successor, 2212. 

An elective officer, 2235. 

Moneys collected for fines, licenses, etc., 2230. 

Bond of city treasurer, minimum, oath, 2238. 

Prohibited from holding other office, 2243. 

Duties, books subject to inspection by city council, 2255. 

Separate account of each fund, 2256. 

Receipts to every person paying money, 2257. 

Monthly statements, warrants, vouchers, register, 2258 
Deposit of funds, bond of bank receiving, 2259. 

Separation of corporate and private moneys, 2259. 

Annual report, publication, 2260. 

Warrants drawn upon, to be signed by mayor and comptroller, 2261. 
Special assessment fund kept separate, 2262. 

Further duties may be required of by city council, 2270. 

Appeal to finance committee, 2271. 

Appointment of subordinates, 2272. 

Foreign fire insurance companies, payment to, 2273. 

Shall receive taxes collected by county officers, 2275. 

Tirae over to treasurer, once in two weeks, 2276. 

When tax levied for particular purpose, setting apart, 2277. 

Taxes collected in annexed territory, paid to, 2399-2402. 

Public funds to alien employe, 2883. 

May inspect record of house of correction, 2917. 

To account for interest on public funds, 2931. 

To keep library fund separate, 2942. 

Set aside portion of taxes, etc., for police and firemen’s fund, 3052 

Member of board of trustees police and firemen’s relief fund, and custodian 
of fund, 3053. 

Bond as such custodian, 3055. 

Method of paying from police and firemen’s fund, 3059. 

Treasurer of firemen’s pension fund, 3061. 

Member of board of trustees firemen’s fund, 3062. 

Receive and disburse money for police pension fund, 3078. 

Member of police pension fund commissioners, 3079. 

Hold school moneys as special fund, 3183. 

Hold amounts deducted from salaries of teachers, principals, etc as a 
special fund, 3192. ’ d 

Custodian of teachers’ pension fund, 3193. 




INDEX TO REVISED CODE. 


899 


References are to sections. For index to Special Ordinances, sec Vol. II. 


City Trustees. 

See Sanitary District. 

(Statutes.) 

Sanitary district, election of, 2559. * * 

To constitute a board, 2560. 

City Weighers. 

See Weighers. 

Civil Service. 

(Statutes.) 

Appointment of commissioner, oath, 2485. 

Removal of commissioner by mayor, vacancy, appointment, 2486. 
Classification of offices and places of employment, 2487. 

Establishment of rules to carry out purpose of the act, 2488. 

Publication of rules, time of taking effect, 2489. 

Examinations, 2490. 

Notice of examinations, 2491. 

Register for each grade or class of positions, 2492. 

Promotion, examinations for, 2493. 

Appointments to classified service, 2494. 

Temporary appointments for sixty days, 2494. 

Officers excepted from classified service, 2495. 

Removals, suspensions for thirty days, 2496. 

Reports to commission by the appointing power, 2497. 

Investigation by commission as to nature, tenure and compensation of all 
offices, 2498. 

Yearly report by commission, 2499. 

Chief examiner, 2500. 

City officials to aid commission, rooms, 2501. 

Salaries and expenses of commissioners, 2502. 

Appropriations by cities adopting this act, 2503. 

Fraud, deceit or obstruction in matter of examinations, 2504. 

No officer or employe of city to solicit or receive political contributions, 

2 5 ° 5 - 

Political contributions not to be solicited by any person from officers or 
employes, 2506. 

Assessments and contributions in public offices forbidden, 2507. 

Political assessments, payment to public officers prohibited, 2508. 

Abuse of official influence, 2509. 

Payment for appointments prohibited, 2510. 

Recommendations in consideration of political services prohibited, 2511. 
Abuse of political influence prohibited, 2512. 

Auditing officer not to allow claim, when, 2513. 

Appointments and removals to be certified to the comptroller, 2514. 
Salaries of officer or employe, comptroller to pay only upon certificate, 2515. 
Salaries of officer or employe to be paid by paymaster, when, 2516. 
Compelling testimony of witnesses, production of books and papers, 2517. 
Penalty for violation of provisions of this act, 2518. 

Penalties, disqualification to hold office, 2519. 

Attorney general or state’s attorney may institute prosecutions, 2520. 

Repeal, 2521. 

Adoption of this act by any city, mode, 2522. 

Notice of election, submission of act to vote, proclamation, 2523. 
Emergency clause, 2524. 








900 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Clay Holes and Excavations. 

To be enclosed by fences, 1307 

Clerk City Court. 

See City Courts. 

Clerk of Court. 

(Statutes.) 

Duty to draw jury in vacation relative to condemnation cases, 2846. 

Clerk of Police Court. 

See Police Court Clerks. 

Clocks. 

Illuminated as signs, where placed, 1915. 

Coaches, Cabs and Carts. 

Inspectors, appointment, office hours, 475. 

Driver’s license, terms of issue, bond, 476. 

Inspector’s duties, 477. 

License, suspension and cancellation,- registry, 478. 

Rates of fare as provided by ordinance, 479. 

Refusal to pay fare, penalty, 480. 

Driver’s violation, penalty, 481. 

Coaches, Cabs and Passenger Vehicles. 

License required, 482. 

Name of owner and number of license on vehicle, 483. 

Number on lamp-doors, 484. 

Driving without license prohibited, duty of owner, 485. 

Transfer of license, 486. 

Keeping or driving without license, penalty, 487. 

License fees, 488. 

Rates of fare, two horses, 489. 

Rates of fare, one horse, 490. 

Baggage, charges for, 491. 

Lost baggage, 492. 

Posting rates in vehicle, 493. 

Fare disputed, 494. 

Hiring by mile or hour, how determined, 495. 

Detention of cab, rate determined, 495. 

Number and rates not posted, penalty, 496. 

Fare collected in advance, 497. 

Stands established, '498. 

Penalty for violation, 499. 

New stands designated, 500. 

Loitering off stands, penalty, 501. 

Duty to convey passengers, 502. 

Duty of police, refusal to obey police order, 503. 

Stands regulated, 504. 

Sleighs, provisions apply to, 505. 

Driver required to give number, 506. 

Express. Wagons, Carts, Trucks, Drays, Etc. 

Public cart defined, 507. 

License for, 508. 

License fees, 509. 

Expiration of license, 510. 

Public cart, liability for default, 511. 






INDEX TO REVISED CODE. 


901 


References are to sections. For index to Special Ordinances, see Vol. II. 


Coaches, Cabs and Carts— Continued. 

Express Wagons, Carts, Trucks, Drays, Etc. —Continued. 

Minor under sixteen prohibited from driving, 511. 

Stands for truck wagons and teams, 512. 

Stands for public carts, assigned, 513. 

Police control of, 514. 

Duty of driver, information as to name, owner, etc., 515. 

Duty of driver, accident, 516. 

Obstructing travel or driving on sidewalk prohibited, 517. 

License revoked, driver to cease business, 518. 

Public carts, rates established, 519. 

Driver’s lien on goods, 520. 

License number to be displayed, 521. 

License not renewed, obliterate or remove number, 522. 
Licensee's residence to be reported to city clerk, 523. 

Fictitious numbers prohibited, 524. 

Conveyance of planks, spars, poles, etc., 525. 

Refusal to convey, extortion, penalty, 526. 

General penal clause, 527. 

Miscellaneous Provisions. 

Lamps on omnibuses, 528. 

License to designate number or name, joint and several liability, 529. 
Badges for driver, 530. 

Standing in other places than those designated, 531. 

Stands to be twenty feet from crossing, 532. 

Right to occupy stands, 533. 

Soliciting at railway depots, 534. 

Deceiving patrons, worthless railroad tickets, etc., 535. 

Refusing to give name, ill-treating patrons, etc., 536. 

Misinforming or misleading patrons, 537. 

False representations, 538. 

Rule of the road as to omnibus, exception, 539. 

Omnibus stands, rules and regulations for, 540. 

Making noise or disturbance at depots, 541. 

Driver not to act as porter or runner, 542. 

Racing and fast driving prohibited, 542. 

Driver to remain with vehicle, 543. 

General penal clause, 544. 

Police to control drivers, etc., at depots, 1524. 

(Statutes.) 

Power of city council to regulate speed of, 2225, cl. 21. 

Power of city council to license and regulate, 2225, cl. 42. 

Coal. 

Measure prescribed, 545. 

Weigher’s certificate to accompany delivery, 546. 

Penal clause, 547. 

Placing coal on walk prohibited, 1846. 

(Statutes.) 

Power of city council to inspect and weigh, 2225, cl. 54 - 

Coal Chute. 

See Sidewalks. 

Coal Oil. 

(Statutes.) . . c 

Power of city council to regulate and control storage of, 2225, cl. 05. 




902 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Cock Fights. 

(Statutes.) 

Power of city council to prevent, 2225, cl. 59. 

Colt. 

With glanders or farcy not to be brought in city, 1107. 

Combustibles. 

Examination of buildings for, 223-5. 

Removal of combustibles from, 224. 

Lighting fire to on street, 659. 

Permit to destroy on street, 659. 

Shavings, rags, etc., to be removed, 661. 

Not to scatter on street when removed, 664. 

Deposit of in prohibited places, 666. 

(Statutes.) 

Power of city council to regulate storage of, 2225, cl. 65. 

Commissioner of Buildings. 

See Buildings. 

Height of ceilings in lodging houses, subject to commissioner of health, 
1067. 

Commissioner of Buildings’ Secretary. 

See Buildings. 

Commissioner of Health. 

See Health. 

Commissioner of Public Works. 

See Public Works. 

Commissioner of Public Works’ Secretary. 

See Public Works. 

Commissioners, Board of Election. 

See Elections. 

Commissioners of Election. 

See Elections. 

Commissioners. 

(Statutes.) 

Appointed by governor to inspect drainage channel, 2583. 

Compensation of, 2583. , 

Committee on Finance. 

Consent on sale of tax titles, 6. 

Appointment of, as one of council standing committees, 10. 

Reports to council, 11. 

Notice of meetings, 13. 

Records of comptroller, 33. 

Comptroller’s annual statement, 38. 

Annual settlement, 42. 

Inspect treasurer’s books, 61. 

Proposals from banks for deposit, 62. 

Authority in matter of construction of garbage crematories, 914-16. 

Common Council. 

See City Council. 






INDEX TO REVISED CODE. 


903 


References are to sections. For index to Special Ordinances, see Vol. II. 


Commutation. 

Rate of, to prisoners in house of correction, 1148. 

(Statutes.) 

Of labor in hotise of correction, 2231. 

Of labor on streets by inhabitants, 2234. 

Daily credit to prisoners for labor, 2980. 

Compensation. 

See Fees ; Salaries; Eminent Domain. 

(Statutes.) 

Of revisers of ordinances, 2187. 

Of collectors of special assessment, 2320. 

Of officers and employes of sanitary districts, 2560. 

Of inspectors of sanitary channel, 2583. 

Of election officers, 2756-60. 

Alien employe to forfeit earnings, 2884. 

For property taken for horse or dummy railroad, 2897. 

Of officers and employes house of correction, 2916. 

Inspectors of house of correction not to be paid, 2917. 

Of matron, employes, etc., of house of shelter, 2925. 

Of school officers and employes, 3176. 

Members of board of education not to receive, 3186. 

Concealed Weapons. 

See Weapons. 

Concert. 

In saloons, special permit, no. 

Condemnation. 

( Statutes.) 

Of property in connection with Chicago Drainage District, 2556. 
Of property for water works, 3232. 

Congressional Districts. 

(Statutes.) 

Enumerated, time of election, 2626. 


Conservator. 

(Statutes.) 

Mayor’s power as, 2180. 

Certain officers designated as, 2246. 


Constable. 

(Constitution.) 

Election of in districts, 2139. 

Reside in district of election, 2141. 

(Statutes.) 

1 May serve process and make ai rests, 2233* 

Remove obstruction from view of ballot box, 2704. 
May arrest for fast driving on bridge, 2980. 


Constitutional Provisions. 

Arrest only after indictment, exception, 2127. 

Penalty, grade of, 2128. 

Eminent domain, compensation, 2129. 

Right of peaceable assembly preserved, 2130. 

Conviction of infamous crime, disqualification for office, 2131. 
Defaulter of public funds, disqualified, 2131. 






904 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Constitutional Provisions— Continued. 

State aid prohibited, loan of credit, 2132. 

Local or special legislation prohibited, 2133. 

Release of corporate, etc., liability prohibited, 2134. 

Extension of term of office prohibited, 2135. 

Laws for drains, etc., may be passed, 2136. 

Oath of civil officers, form of, 2137. 

Judicial powers, courts enumerated, 2138. 

Justices of the peace, etc., election, jurisdiction, 2139. 

Justices in Chicago, appointment, etc., 2140. 

Officers, residence and compensation, 2141. 

Right of suffrage, 2142. 

Vote by ballot, 2143. 

Privileges of electors, 2144. 

Electors, persons excluded, 2143. 

Officers must be residents of state, 2146. 

Sectarian aid prohibited, 2147. 

School officers not to be interested in contracts, 2148. 

City property may be exempt from taxation, 2149. 

State not to release city from taxation, 2150. 

Special assessments for local improvements, 2151. 

Municipal taxation to be uniform, 2151. 

State not to impose tax for municipal purposes, 2152. 

Private property not to be taken for city debts, 2152. 

Municipal officers in default, ineligible to office, 2153. 

Increase of salary during term, prohibited, 2153. 

Limitation of municipal indebtedness, 2154. 

World’s Columbian Exposition bonds, 2155. 

Streets, use of for railroads, 2156. 

Public warehouses, 2157. 

Duties of warehousemen in cities, 2158. 

Cities, etc., prohibited from subscribing to railroads, 2158. 

Construction ( Buildings ). 

Fire-proof, skeleton, slow burning, mill and ordinary construction, defined, 
285. 

Contagious Diseases. 

Commissioner of health to advise mayor concerning, 809. 

Examination of those suspected of having, 812. 

Posting notices, penalty for removing, 813. 

City (or small-pox) hospital, 814. 

Epidemics, measures to prevent, 815. 

Vaccination, refusal, 816. 

Disinfection of premises, 817. 

Quarantine, 818. 

Weekly visits to poor districts, 819. 

Vaccine virus, 820. 

City physician, duty in relation to, 829. 

Attendance of at city hospital, 830. 

Duty of city physician as to inspection of cars, boats, vessels, etc., 832. 
Vacation of premises or buildings on account of, 849. 

Physicians to report, 860. 

Death from such disease, 861. 

Hotel keeper to report, 862. 

Institutions to report, 863. 








INDEX TO REVISED CODE. 


905 


References are to sections. For index to Special Ordinances, see Vol. II. 


Contagious Diseases— Continued. 

Masters of vessels not in quarantine to report, 864. 

Duty of all persons to report, 865. 

Boarding house keepers to report, 866. 

Masters of vessels to report on arrival, 867-8. 

Infected articles, 869. 

Removal of infected person or article from vessel, 870. 

Articles from infected place, 871. 

Removal of person from building, etc., 872. 

Infants not to be exposed, 873. 

Tenement and lodging house keepers, agents, etc., to report, 1075. 
Quarantine regulations, 1032-45. 

Removal of animals having, 1104. 

Animals exposed to contagious disease not to be brought into city, 1106. 
Animals with glanders or farcy not to be kept, 1107. 

(Statutes.) 

Presence of, in workshops, 2869. 

Contracts. 

Public Works. 

Payment for extra work under contracts, 1609. 

Payment on contracts, how made, 1610. 

How let, when exceeding $500, 1611. 

For improvements by special assessment, 1612. 

Bids, deposit, forfeiture, 1613. 

Let by commissioner to lowest bidder, 1614. 

When cost exceeds $500, city council to authorize, 1615. 

Emergency contracts, 1616. 

Essential clauses in, 1617. 

Reservation of payment, 1618. 

Water and sewer contracts, 1619. 

Based on special assessment, 1620. 

Contractor’s default, 1621. 

Contractor’s liability, 1622. 

Contractor’s bond, 1623. 

Forfeiture of contracts, 1624. 

Payment of sub-contractors, 1625. 

Contracts paid from general fund, 1626. 

Bond, schedule of sureties, 1627. 

Special fund, how paid out, 1628. 

Interest in subject matter of contract, prohibited, 1629. 

Street and Alley Cleaning. 

Contracts for removal of street sweepings and refuse, 1679. 

Garbage, ashes and refuse, 1679. 

Contractor’s bond, 1680. 

Forfeiture of contract, 1681. 

Estimates, reserve held, 1682. 

Lack of bidders, contractor’s default, 1683. 

Contracts and bonds to run to city, 1685. 

Health department to supervise removal of garbage, 1686. 

Hours of labor, contract to provide for, 1687. 

Official Newspaper and Printing. 

For publication of matter required to be published, 1341. 

For printing, 1341. 

Letting contracts, I 34 2 - 




906 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Contracts— Continued. 

Official Newspaper and Printing —Continued. 

Award of contract, 1343. 

Two or more making same bid, 1344. 

Circulation to be considered. 1345. 

Approval of bids, letting contract, 1346. 

Official newspaper, bond, 1347. 

Matter to be printed, approval by comptroller, exception, payment, 1348. 
Daily newspapers furnished and filed, 1349. 

Form of bids for blanks, 1351. 

Contract for blanks, bond, 1352. 

Commissioner of Health. 

Contracts to be in name of city, 822. 

Supervision of commissioner over contracts for removal of garbage, 
etc., 887. 

Contracts for garbage crematories, 915. 

Contracts with owners to consume, 916. 

(Constitution.) 

School officer to have no interest in, 2148. 

(Statutes.) 

General power of city to contract and be contracted with, 2168. 

Power of city council to provide that printing, stationery, etc., be 
furnished by contract, 2225, cl. 94. 

Interest of officers in, prohibited, 2241. 

Contracting liabilities limited by appropriation, 2254. 

Payable from special assessments, limit to assessment fund, 2326. 

How let, approval, 2327. 

For sewerage and drainage, how let, 2567. 

Public contracts, officers not to be interested in, 2970. 

Between cities, for sewerage, 3195-6. 

For construction of water works, how let, officers not to be interested in 

3230. 

Contractor. 

See Employment; Alien ; Eight Hour Law. 

Contractors. 

See Employment. 

(Statutes.) 

Paid from special assessments, to have no lien, exception, 2326. 

Payment for work done, voucher, 2340. 

Persons accepting vouchers, 2341. 

To employ only citizens, 2881. 

Conversion. 

(Statutes.) 

By city treasurer, prohibited, 2259. 

Cook County. 

Cook county prisoners in house of correction, 1149. 

Report of prisoners of, 1156. 

Cook county hospital exempt from water taxes, 1990. > 

Corporate Seal. 

Adopted, description, 1779. 





INDEX TO REVISED CODE. 


907 


References are to sections. For index to Special Ordinances, see Vol. II. 


Corporate Limits. 

See Territorial Limits. 

(Statutes.) 

City may extend jurisdiction beyond, in matter of water supply, 2347. 

Corporation. 

(Constitution.) 

State aid prohibited, 2132. 

State prohibited from releasing obligation of, 2134. 

Municipalities not to subscribe to or aid, 2158. 

Corporation Counsel. 

Department of law created, 73. 

Office created, term, 74. 

Appointed by mayor with consent of council, 7=; 

Bond, 76. 

Appointment and removal of assistants, 77. 

Superintend all law matters, 78. 

Drafts of ordinances, 79. 

Drafts of deeds, leases, etc., 80. 

Legal opinions, 81. 

Delivery of documents, etc., to successor, 82. 

Annual estimate, 83. 

(Statutes.) 

May inspect records of house of correction, 2917. 

Cotton. 

(Statutes.) 

Power of city council to provide for inspection, 2225, cl. 53. 

Power of city council to regulate storage, 2225, cl. 65. 

County. 

See Cook County. 

Prisoners from other counties than Cook, may be kept in house of cor¬ 
rection, 1157. 

(Statutes.) 

Pay expenses of election to adopt election law, 2635. 

May contract with city for use of house of correction, 2921. 

Property exempt from taxation, 3091. 

County Board. 

^Statutes.) 

Not to grant liquor license in city, 2602. 

County Clerk. 

(Statutes.) 

Tax levy by city council, duty to collect, 2274. 

When tax levied for particular purpose, 2277. 

Special assessment sales and redemptions, 2318. 

Publish notice of election to annex territory, 2394. 

Financial duties in connection with annexed territory, 2397, 2401. 

Duty to extend tax levy of sanitary district, 2568. , 

Duties relative to adoption of election law, 2635. 

Duty to transfer election records to election commissioners, 2652. 

County Collector. 

(Statutes.) 

Manner of collecting municipal taxes, 2275. 









908 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


County Collector— Continued. 

Time of paying over, not less than once in two weeks, 2276. 
Delinquent special assessments, application for judgment, return of sales, 
2316-18. 

Special assessments, paying over, compensation, 2320. 

Sanitary district assessments payable in installments, to be returned to, 2570. 

County Court. 

(Statutes.) 

Jurisdiction relative to organizing city, 2163-72. 

Special assessment improvement petition to be filed in, 2282. 

Summons, publication, notice, 2284. 

To hear petition, impanel jury, 2285. 

Jury to ascertain compensation, admitting other parties, 2286. 

May direct the viewing of premises, 2287. 

Verdict recorded, decree, new parties, 2288. 

Powers of court, 22S9. 

Ownership, further powers of court, 2290. 

Disability, appointment of guardian ad litem. 2291. 

Judgment, effect, appeal, 2292. 

Order for proceedings in court, 2299. 

Appointment special assessment commissioners, 2301. 

Continuance, notice not in apt time, 2306. 

Objections, judgment by default, 2307. 

Precedence, 2309. 

Court may modify, etc., assessment, 2310. 

Judgment several, appeal, etc., lien, 2311. 

Judgment certified to city clerk. 2312. 

Collection of special assessment by suit, 2329. 

Supplemental petition to assess damages, power of court, 2330. 

Jurisdiction relative to organizing village, 2359-61. 

Jurisdiction of, in annexation proceedings, 2394-2406. 

Jurisdiction and procedure relative to drainage and sanitary districts 
2556-8. 

Jurisdiction and procedure relative to election law, 2634-2802. 

Jurisdiction and procedure relative to eminent domain, 2842-50. 

County Recorder. 

(Statutes.) 

Duty to note vacation of any plat or part thereof on records, 3023. 

County Treasurer. 

(Statutes.) 

I ay merit of compensation adjudged for private property, to be made 
to, 2854. 

Courts. 

See Police Courts; City Courts. 

To commit prisoners to house of correction, when, 2922. 

Cow. 

See Pounds. 

Not to be kept in tenement or lodging house, 1073. 

Drove, when driven to pasture. 1869. 

Cremation. 

Of human body, 837. 




INDEX TO REVISED CODE. 


909 


References are to sections. For index to Special Ordinances, see Vol. II. 


Crematories. 

See Health ; Garbage Crematories. 

Crime. 

See Infamous Crime. 

(Statutes.) 

Conviction of, works forfeiture of police pension, 3085. 

Criminals. 

Proclamation for apprehension of, 5. 

Cruelty. 

To children, 472-4. 

To animals, 1285. 

Culverts. 

(Statutes.) 

Power of city council to construct, repair, etc., 2225, cl. 29. 

Cut-Off. 

(Statutes.) 

Maintenance and location of, in connection with drainage, 2552. 



Damages. 

(Statutes.) 

City liable for, when caused by riots, 3165. 

Dead Animals. 

Removal, duty of mayor and commissioner of health, 884. 
Authority to contract for five years, 885. 

Bond of contractor, 886. 

Deadly Weapons. 

Unlawful to sell knuckles, etc., 2000. 

Unlawful to sell weapons to minor, 2001. 

Dealers, to keep register open for inspection, 2002. 

General penalty, 2003. 

Dearborn Park. 

See Libraries. 

Death. 

Report of, for registration, 835. 

Registration provided for, 836. 

Body after death, non-retention of, 839. 

Body exposed or exposure of, 839. 

Body discovered, 840. 

From contagious disease, 861. 

Health officer to report deaths to, election commissioneis, -0 5 - 
Election commissioners to print lists of deceased voters, 2090 . 





910 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Debt. 

(Constitution.) 

Limitation of municipal indebtedness, 2154. 

(Statutes.) 

Power of city council to contract municipal indebtedness limited, 2225, cl. 5.. 
Power of city council to issue bonds to fund municipal, 2225, cl. 6. 

Dedication. 

(Statutes.) 

Recording of plat, works donation of streets, etc., 3018. 

Deed. 

(Statutes.) 

Execution of, to convey property sold by city, 3028. 

Defacing. 

Public buildings, etc., 1308. 

Signs, fences, etc., 1309. 

Defaulter. 

(Constitution.) 

Not eligible to office, 2153. 

(Statutes.) 

To city, disqualified for office, 2240. 

Definitions. 

“Basement” defined, 343. 

“Brewers” defined, 1189. 

“Brokers” defined, 214. 

“Butcher” defined, 1236. 

“Cellar” defined, 1078. 

“Disorderly conduct” defined, 1287. 

“Distilleries” defined, 1189. 

“Dog” defined, 560. 

“Entertainment” defined, 107. 

“Fire proof construction” defined, 285. 

“Fiscal year” defined, 19. 

“Harbor” defined, 791. 
i “Horse” defined, 925. 

“Hospital” defined, 924. 

“Inmate of house of ill fame” defined, 1291. 

“Insurance broker” defined, 216. 

“Lodging house” defined, 1077. 

“Mill construction” defined, 285. 

“Municipal year” defined, 20. 

“Night scavenger” defined, 1004. 

“Ordinary construction” defined, 285. 

“Pawnbroker” defined, 1389. 

“Peddler” defined, 1406. 

“Real estate broker” defined, 215. 

“Skeleton construction” defined, 285. 

“Slow-burning construction” defined, 28;. 

“Stories” defined, 344. 

“Tenement house” defined, 1076. 

“Undertaking” defined, 1082. 

^Vagabonds and vagrants” defined, 1306. 

“Vessels, crafts and floats, defined, 791. , 






INDEX TO REVISED CODE. 


911 


References are to sections. For index to Special Ordinances, see Vol. II. 


Definitions— Continued. 

Rules for construction of words in ordinances, 1368. 
(Constitution.) 

“Public warehouse” defined, 2157. 

(Statutes.) 

“City election” defined, 2768. 

“Corporation” defined, 3050. 

“Dram shop” defined, 2585. 

“Election” defined, 2752. 

“Factory” defined, 2874. 

“General election” defined, 2768. 

“House holder” defined, 2752. 

“Manufacturing establishment” defined, 2874. 

“Municipal year” defined, 2353. 

“Ward” defined, 2627. 

“Workshop” defined, 2874. 

Department of Buildings. 

See Buildings. 

Department of Finance. 

See Finance. 

Department of Fire. 

See Fire. 

Department of Health. 

See Health. 

Department of Law. 

See Law. 

Department of Police. 

See Police. 

Department of Public Works, 

See Public Works. 

Deposit for Meters. 

See Gas. 

Deputy Commissioner of Buildings. 

See Buildings. 

Deputy Commissioner of Public Works. 

See Public Works. 

Desplaines River. 

See Drainage and Sewerage. 

(Statutes.) 

Cut-off or diversion of flood waters of, 2552* 

No diversion except excess above water mark, 2553 - 
In connection with sanitary district act, 2579~fh. 

Disconnecting Territory. 

(Statutes.) 

Procedure to disconnect, 2389. 

Recording ordinance for, 2390 

Disease. 

See Health ; Contagious Diseases. 

(Statutes.) , . „ , 

Power of city council to make regulations to suppress, 2225, cl. 7 °- 






912 


INDEX TO REVISED CODE. 

t 


References are to sections. For index to Special Ordinances, see Vol. II. 


Disorderly Conduct. 

Conduct tending to, penalty, 1287. 

Indecent, lewd and filthy acts, 1298. 

(Statutes.) 

Power of city council to prevent and suppress riots, etc., 2225, cl. 59, 72. 

Disorderly House. 

Gambling permitted in dram shop, a nuisance, 1179. 

Where dram shop is resort of disreputable persons, 1180. 

Where minors are allowed to drink or gamble, 1187. 

Ill-governed house, room or other premises, 1293. 

(Statutes.) 

Power of city council to suppress, 2225, cl. 45. 


Dispensaries. 

(Statutes.) 

Power of city council to erect and control, 2225, cl. 77. 

Disreputable House. 

See Disorderly House. 


Distillers. 

See Brewers and Distillers. 

Deposit of nauseous matter in river or lake prohibited, 1021. 
(Statutes.) 

Power of city council to license, 2225, cl. 91. 

Distillery. 

See Brewers and Distillers. 

Deposit of nauseous matter in lake or river, 1021. 

Allowing premises to become offensive, a nuisance, 1023. 
(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 82. 

Disturbance. 

Of religious meeting, 1315. 

Porter or runner not to create, 1776. 

(Statutes.) 

Power of city council to prevent, etc., 2225, cl. 72. 

Ditches. 

(Statutes.) 

Cities, etc., empowered to construct, 2548. 

Dock. 


Harbor master to record damages to, 777. 

Depositing garbage on, without permit, prohibited, 907. 

■ii7i er ^ nn ^’ W .^N when used for removal of garbage, 1140. 

Wharfing privileges, 1907. 

Certain lines established, 2103-12. 

(Statutes.) 

Power of city council to erect and repair, 2225, cl. 32. 

Power of city council to regulate and control ’use of' 2225, cl. 33. 
pOwer of Clt y council to regulate unloading cargo, landings, etc., 2225 cl 34 
Power of city council to fix rates of dockage, 2225 cl. 36. 34 ‘ 

Power of city council to collect wharfage and dockage, 2225, cl. 37 

Doctor. 

See Physician. 




INDEX TO REVISED CODE. 


913 


References are to sections. For index to Special Ordinances, see Yol. II. 


Dogs. 

License, fee, 548. 

Registration, collar, tag, muzzle, 549. 

Book of registry, tags, 550. 

Proclamation to muzzle, 551. 

Impounding, 552. 

Registry of impounded dog, notice, 553. 

Redemption, fee, killing of, 554. 

Lost tag, affidavit, 555. 

Impounding or removing fierce dogs, 556. 

Permitting fierce dogs at large, penalty, 557. r 

Complaint against owner of vicious dog, 558. 

Trial, judgment, execution, 558. 

Keeping more than six dogs prohibited, 559. 

“Dog,'’ definition of, 560. 

Diseased, not to be brought in city, 1106. 

(Statutes.) 

Power of city council to prevent fighting, 2225, cl. 59. 

Power of city council to regulate, etc., running at large, 2225, cl. 80. 
Power of city council to impose tax on, 2225, cl. 80. 

One-fourth of license fees to go to police relief fund, 3052. 
Three-fourths of licenses to go to police pension fund, 3078. 

Doors. 

Amusement hall doors open outward, 119. 

(Statutes.) 

Doors of public buildings, etc., to open outward, 2447. 

Drain Layer. 

See Drains and Sewers; Plumbers and Pliwibing. 

License required, 561. ^ 

Issue of, contents, bond, 562. 

Forfeiture of, 565. 

Drains and Sewers. 

See Plumbers and Plumbing ; Sewers. 

License required, qualifications. 561. 

Petition for license, contents, bond, 562. 

Connecting drains with sewers, rules, 563 - 
Inspection by commissioner of public works, 564. 

License forfeited, effect, 565 - 

Discharge of steam into sewers prohibited, 566. 

Water supply sufficient to carry off slops, etc., 567. 

Obstructing sewer, penalty, 568. 

Breaking man-hole or other fixtures, 568. 

Weight placed on or over sewers limited, 568. 

Gutters to be cleared of rubbish before flushing, 569. 

Duty of police to enforce ordinance, 570. 

Excavating around sewers, permit, 571. 

Laying, altering or disturbing drains without license, 572. 

Drain construction, rules to be followed, 573 - 
Inspection, right of entry by inspectors, 574 - 
Privy to be connected, 853. 

Sewer gas, 855. ... . . 0 c 

Sewer connections according to health regulations, 850. 

Flushing of sewers, S57. 

58 




914 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Drains and Sewers— Continued. 

Drains not to become foul or offensive, 1025. 

Cesspools and privy vaults to be connected, 1117. 

Drain, soil and waste pipes must be exposed to view, 1438. 

Sewer connections, specifications, 1439. 

Letting contract for over $500, 1626. 

Special fund, how paid out, 1628. 

Prerequisite to permit for opening streets, 1636. 

Restoration of streets, etc., 1637. 

Cost advanced, surplus, deficiency, 1638. 

Record of permits, 1639. 

Permits, 1640. 

Superintendent of sewers, duties, 1651. 

Sewers, charge of, 1652. 

Charge of sewers and drains, cleansing, etc., 1696. 

Sewer connections, permit, 1697. 

Sewer connections, indemnity, 1698. 

Sewer connections, how’ authorized, 1699. 

Notice to repair or cleanse drain, 1841. 

(Statutes.) 

Power of city council to require railroads to provide, 2225, cl. 27. 

Power of city council to construct, repair and regulate use of, 2225, cl. 29. 
Power of city cpuncil to drain or fill ponds on private property, 2225, cl. 40. 
Power of city council to compel owner to cleanse, 2225, cl. *84. 

Power of city council to extend under railroad track, 2225, cl. 89. 

Drainage and Sewerage. 

(Constitution.) 

By special assessment, allowed, 2136. 

(Statutes.) 

Building of sewers in annexed territory, 2413. 

Establishing drainage system, 2413. 

Cities, etc., authorized to protect from overflow, 2525. 

Cities may purchase or condemn lands for, 2526. 

Cities may order private levees repaired, 2527. 

Repairs by city, when made, 2528. 

City, etc., may enter upon lands, etc., to repair, 2529. 

Work to be charged up to party liable, lien, 2530. 

Lien, how enforced, 2531. 

Who may purchase at sale, 2532. 

Repairs heretofore made, enforcing payment for, lien, 2533. 

Landing places, ordinances, tolls, etc., penalty, 2534. 

Stagnant water, nuisance, abatement, 2535. 

Liability of proprietors for damages, insufficient levees, 25^6. 
Proceedings where land is below grade, 2537. 

Improvement Districts. 

Districts may be established, grade, special assessments, 2S39. 

Survey, cost of work, 2540. 

Bonds, improvement districts may issue, 2541. 

Principal and interest of such bonds, how paid, 2542. 

Railroad companies liable for share of cost, 2543." 

Person under disability, endorsement of bond, 2544. 

Act enforced by ordinance, 2545. 

Rights of holders of bonds, 2546. 




INDEX TO REVISED CODE. 


915 


References are to sections. For index to Special Ordinances, see Vol. II, 


Drainage and Sewerage— Continued. 

Drains and Pumping Works. 

Cities, etc., empowered to construct drains, ditches, etc., 2548. 
Drainage improvements paid by special assessments, 2549. 
Proceedings in the making of improvements, 2550. 

Drainage District. 

Organizing city of Chicago into a drainage district, 2551. 

Power of corporate authorities, location of cut off, 2552. 

Desplaines river, diversion of water, 2553. 

Mud Lake valley, authority to construct dam across, 2554. 

Right of way, corporate authorities may purchase, 2555. 
Condemnation of property, 2556. 

Sanitary District. 

Sanitary districts, how organized, 2557. 

Board of commissioners, how constituted, 2557. 

Procedure, to establish district, election, etc., 2557. 

Courts to take judicial notice of existence of, 2558. 

Officers of district, election of, 2558. 

Trustees, number, election, term, 2559. 

Cumulative system, for election of, 2559. 

District, a body corporate, powers, 2559. 

Trustees to constitute a board, 2560. 

Duties and powers, compensation, 2560. 

Power to pass ordinances, etc., 2560. 

Appropriation ordinances, publication of, 2561. 

, Ordinances, proof of, 2562. 

Powers, established main channels and drains, 2563. 

Over navigable water, channels, outlets, dockage, water ways, etc., 2563. 
Jurisdiction of trustees beyond district, 2563. 

Right of way, how acquired. 2564. 

Power to borrow money and issue bonds, 2565. 

Amount limited, 2565. 

Direct tax for payment of principal and interest, 2566. 

Earnings applied to indebtedness, 2566. 

Contracts for work, how let, 2567. 

Lowest responsible bidder, citizen, 2567. 

Eight hours constitute a day’s work, 2567. 

Tax levy, limitation on, 2568. 

Taxes collected and paid to district treasurer, 2568. 

Power to improve by special assessment or general taxation, 2569. 
Procedure to improve by special assessment, etc., 2569. 

Assessment by installments, procedure, 2570. 

Bonds may be issued, 2571. 

Private property, how taken, damaged, 2572. 

Power to acquire right of way, 2573. 

Use, widen and deepen water ways, 2573. 

Illinois and Michigan canal, 2573. 

Damages to property, 2574. 

Liability of, for damage, 2575. 

Attorney’s fees to be recovered by plaintiffs, 2575. 

Capacity of channel or outlet, 2576. 

Failure of trustees to comply with act, remedy, penalty, 2577. 

Right reserved to amend or repeal statutes, 2578. 

Channel from lake to river, capacity and construction, 2579. 




91G 


INDEX TO REVISED CODE. 


References are to seotions. For index to Special Ordinances, see Vol. II. 


Drainage and Sewerage— Continued. 

Sanitary District— Continued. 

Improvement of liiinois and Desplaines rivers, 2579. 

Existing water power rights, 2579. 

Channel, where navigable, control of, 2580. 

May permit outside territories to drain, 2581. 

Water supply to cities, price, 2582. 

Channel, inspection of, correction of defects, 2583. 

Commissioners appointed by governor to inspect, 2583. 

; Duty of commissioners, 2583. 

Water supply from Lake Michigan defined, 2583. 

Trustees, right to appoint police force, 2584. 

Police power over certain districts, 2584. 

Sewerage fund tax, 3157. 

May contract with contiguous cities for sewerage, 3195. 

How contract made, 3196. 

Dram Shops. 

See Liquors. 

Dirays and Draymen, 

See Coaches, Cabs and Carts. 

Drinking Fountains. 

Commissioner of public works may permit on streets, 1840. 

Drinking Water. 

Pollution of, 1 hi. 

Duty to preserve purity, 1112. 

Interfering with hydrant. 1113. 

Drivers of Coaches, Etc. 

See Coaches, Cabs and Carts. 

Driving. 

See Fast Driving ; Bridges. 

Druggists. 

Sale, etc., of liquor without permit prohibited, 575. 

License fee for same, 576. 

Record of sales, inspection. 577. 

Penalty, 578. 

Poison, sale of, not labeled, 1300. 

Fraudulent prescriptions, 1301. 

(Statutes.) 

Power of city council to grant permits for sale of liquor 22^ cl 46 
Permits to sell liquor, 2601. ’ * 4 

Drugs, 

See Health. 

Drunkard. 

See Intoxicated Persons. 

Habitual drinkers, notice, 1186. 

Minors when intoxicated prohibited from purchasing liquor, 1276. 

Dummy Railroad. 

See Horse and Dummy Railroads. 

Dyer. 

Discharge of nauseous matter in river or lake prohibited, 1021. 




INDEX TO REVISED CODE. 


917 


References are to sections. For index to Special Ordinances, sec Vol. II. 


Dynamite., 

See V i rear ms, Fireworks and Cannon; Gunpowder and Explosives. 



Education. 

See Schools. 

Egress. 

(Statutes.) 

Doors of public buildings, churches, theaters, etc., to open outward, 2447. 
Penalty, 2448. 

When public buildings may be closed, 2440. 

Eight Hour Law. 

See Employment. 

All public contracts to specify eight hours as a day’s labor, 1687. 

Eight hours a day's labor for city employes, 1688. 

(Statutes.) 

Constitute clay's work on drainage canal, 2567. 

Eight hours a legal day’s work, exception" 2858. 

When act does not apply, 2859. 

Elections. 

Alderman, election of contested, 579. 

City council to hear contest, 580. 

Statement of points filed within sixty days, 581. 

Notice to respondent, 582. 

Testimony, when and how taken, 583. 

Proofs taken and filed within sixty days, 584. 

Testimony limited, 585. 

Proceedings in city council, 586. 

Legal disqualifications, election void, 587. 

Counting ballots, 588. 

(Constitution.) 

Who may vote, 2142. 

All votes must be by ballot, 2143. 

Privileges of electors, 2144. 

Elections, persons excluded, 2145. 

(Statutes.) 

For adoption of incorporation act of 1872, 2159. 

Notice of election for incorporation of cities, 2160. 

Form of ballot at election to incorporate city, 2161. 

How towns may become cities, 2162. 

For organizing contiguous territory as city, 2163. 

Of officers of city organized from town, 2165. 

Notice of election of officers, to be called by county judge, 2166. 

Record of result of, after organization of city, 2171. 

Vacancy in office of mayor, when filled by, 2174. 

Of mayor by city council, when, 2175. 

City election to accord with last redistricting, 2193. 

Vacancy in office of alderman, filled by, 2195. 











918 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections —Continued. 

City election, when held, 2211. 

City officers elected, 2212. 

Who entitled to vote at city election, 2213. 

Election of aldermen, term, classification, 2215. 

Election of city officers unde r act of 1872, 2219-24. 

City elective officers specified, 2235. 

For annexation of city, 2394. 

For annexation of parts of city, etc., 2395. 

For annexation of part or all of city, 2396. 

For licensing dram shops in annexed territory, 2411. 

For issue of new bonds for old indebtedness, 2417, 2419, 2428. 
For adoption of civil service act, proclamation, 2523. 

To form sanitary district, 2557. 

Officers of district, 2558-9. 

Manner of giving notice, form, 2604. 

Sheriff or supervisor to post notices, 2605. 

Proclamation, opening and closing polls, 2606. 

Contests, circuit and superior courts, 2607. 

Jurisdiction of county court,' contests, 2608. 

Who may contest election, 2609. 

Contestant to file statement, 2610. 

Summons to issue, 2611. 

Evidence, 2612. 

Trial, 2613. 

Other elections contested, 2614. 

When elector may defend for county, 2615. 

Judgment, 2616. 

Tie, 2617. 

Certified copy of judgment, 2618. 

When election adjudged void, 2619. 

Appeals in contested elections, 2620. 

Resignations of elective officers. 2621. 

When office becomes vacant, 2622. 

Enumeration of events, which vacate offices, 2622. 

Who may determine when vacancy exists, 2623. 

In what elections act to apply, 2624. 

Congressional apportionment, 2625. 

Enumeration of districts, 2625. 

One congressman from each district, 2626. 

Time of election, 2626. 

Ward defined, repeal of former act, 2627-8. 

Senatorial and representative apportionment, 2629. 

Districts enumerated, 2629. 

Number of senators and representatives, 2629. 

Ward defined, repeal of former act, 2630-1. 

Inmates of poor houses, asylums or hospitals, 2632. 

Inmates of soldiers’ and sailors’ homes, 2633. 

Act of June 19, 1885. 

How act may be adopted by any city, 2634. 

Duty of county judge, 2634. " 1 1 ’ 

Notice of election, duty of county clerk, 2635. 

Flank forms, tally sheets, directions, 2635 
Form of ballots, 2636. 









INDEX TO REVISED CODE. 


919 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections —Continued. 

Act of June 19, 1885—Continued. 

Tickets, how prepared and what to contain, 2637. 

Ballots, how canvassed, 2638. 

Manner of canvassing, announcing result, 2639. 

When no tally sheets, duty of judges, 2640. 

Manner of making returns, 2641. 

Special watchers of canvass, 2642. 

Canvass by county judge, declaring result, 2643. 

When operative, 2643. 

Judge or clerk, neglect of duiy, penalty, 2644. 

Stealing or mutilating returns, 2645. 

Offenses governed by the law of the state, 2646. 

Adoption of act by village or town, 2647. 

Effect of adoption of act, 2648. 

Election Commissioners and Their Duties. 

Creation of board of election commissioners, 2649. 

Term of appointment, officers of county court, 2649. 

How selected, qualifications, vacancy, 2650. 

Removal on complaint, ground of, 2651. 

Organization of board, oath, bond, 2652. 

Board to provide ballot boxes, etc., 2653. 

Chief clerk, powers and duties of, 2654. 

Commissioners to establish election precincts, 2655. 
General registration of voters, 2656. 

Judges and clerks, appointment and qualifications, 2657. 
Notice, examination, confirmation, 2658. 

Exemption, refusal to serve, penalty, 2658. 

Appointment and removal of judges and clerks, 2659. 
Judges and clerks, different political parties, 2660. 

Selection of judges and clerks, county court, 2661. 
Confirmation, vacancies, how filled, 2661. 

Judges and clerks to be notified, oath, 2662. 

Place of registry and polling place, 2663. 

Convicts, persons pardoned, 2664. 

Monthly reports of the dead, 2665. 

List of the dead, and criminals, 2666. 

Notice of registration, 2667. 

Rules and regulations, charge of elections, 2668. 

Election days, holidays, 2669. 

Selection of judges and clerks, 2670. 

General Registration. 

Board of registry, 2671. 

Who entitled to vote, 2672. 

Meeting of board of registry, books, form, 2673. 
Procedure of registry, 2673. 

Signature of judges at end of each page, 2674 - 

Certificate of judges, 2674. . 

Register to be hung up, right to challenge, affidavit, 2675 - 
Revision of register, second meeting, 2676. 

Duty of clerks, canvass precinct, 2677. 

Refusal to answer questions, penalty, 2677- 
Canvass to be compared with register, 2678. 

Duty of canvassers, penalty, 2678. 




920 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections —Continued. 

General Registration —Continued. 

Third meeting of board, revision of register, 2679. 

All registers to be compared, one hung up, two returned, 2680. 
Application to erase name, notice, 2681. 

Docket of applications, notice, restoring or erasing names, 2682. 
County court, application to put on or erase name, 2683. 

Refusal of application, appeal, evidence, 2684. 

Supplemental list to be printed and posted, 2685. 

General registration, method, 2686. 

Intermediate Registration. 

When last general registration shall be used, 2687. 

Removal of voter, registry of, 2687. 

Verification lists, mode of keeping, 2688. 

Registers, how signed, compared and certified, 2689. 

Duty of clerks as canvassers, 2690. 

Intermediate registration, 2691. 

Revision of register, 2692. 

How compared, signed and certified, return of, 2693. 

Copy of registers, printed list, 2694. 

Board to hear applications for erasure of names, 2695. 

Possession and return of registers, 2696. 

Special elections, no revision of register, 2697. 

Inspection of registers, 2698. 

Delivery of registers, ballot boxes, etc., to judges, 2699. 

Mutilating or destroying public register, penalty, 2700. 

Filling vacancy on board of register, 2701. 

Time of opening and closing polls, 2702. 

Presence of judges and clerks, 2702. 

Filling places of absent judges, 2703. 

Absence, detaining register, penalty, 2703. 

Ballot box not to be removed from public view, penalty, 2704. 

How name of voter entered, 2705. 

Name on ballot, 2706. 

How ballot received, challenge, 2707. 

Voters’ name must be on register, 2708. 

Challengers, watchers, canvass, etc., 2709. 

Authority of judges, arrest, 2710. 

Judicial election, official ticket holders, 2711. 

Canvass immediately at close of polls, 2712. 

Canvass of votes, how made, 2713. 

Ballots strung, 2714. 

Proposition submitted, vote, 2715. 

No heading on tally sheets, duty of judges, 2716. 

Judges to proclaim number of votes, 2717. 

Returns, what to contain, certificates, 2718. 

t? 11 ,? ^ a ^pt of each kind to be pasted on returns, 2719. 

Poll books to be placed in ballot box, 2720. 

Judges to deliver ballot boxes, etc., 2721. 

Commissioners to receive, note condition, 2722. 

Canvassing board to open returns, 2723. 

Canvassers to declare result, 2724. 

County clerk, certificates of election. 2725. 

Certificate under order of court, 2726. 




INDEX TO REVISED CODE. 


921 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections —Continued. 

City officer’s certificate, 2726. 

Canvassing board, tie vote, 2727. 

Duty of board as to fraud, 2728. 

Presiding officer of board, declaring result, 2729. 
Offenses. 

List of offenses and penalty, 2730. 

Offenses by officers, penalty, 2731. 

Poll clerk, false list, penalty, 2732. 

Judge wilfully refusing votes, penalty, 2733. 

False canvass, penalty, 2734. 

Permitting ballots to be in box at opening, 2735. 
Election officers, misconduct, fraud, 2736. 

Stealing document, vote, etc., 2737. 

Person not an officer, crime, penalty, 2738. 

False swearing, penalty, 2739. 

Advising person to swear falsely, 2740. 

Changing ballot, 2741. 

Felon no right to vote, 2742. 

Disobeying command of judge, 2743. 

Registration or election, breach of peace, 2744. 
Interfering with judge, etc., 2745. 

Destroying or concealing ballot, 2746. 

Wilfully admitting any person to registration, 2747. 
Absence of judges at polls, 2748. 

Keeping ballots behind box, electioneering, 2749. 
Spirituous liquors in place of election, 2750. 

Defects in notices no defense, 2751. 

Crime whether election general or not, 2752. 
“Election” defined, 2752. 

“House holder” defined, 2752. 

Misdemeanors, fine, when discharged, 2753. 

< Forfeitures, how recovered, 2754. 

Commissioner to aid prosecution, 2755. 

Fees and Salaries. 

Commissioners’ and clerks’ fees, how paid, 2756. 

Judges and clerks, $3.00 per day, 2757. 

Number of days, 2758. 

When city to pay judges and clerks, 2759. 

When county to pay judges and clerks, 2760. 
Commissioners to audit claims, 2761. 

Miscellaneous Provisions. 

When act adopted, 2762. 

Ex-officio commissioners of city, 2763. 

Quadruple returns of judges, 2764. 

Returns of village or town election, 2765. 

Oaths, commissioners and judges may administer, 2766. 

Ballot Law. 

Ballots printed at public expense, 2767. 

Expense born by cities in municipal elections, 2768. 
General election, city election, defined, 2768. 

Nomination of candidates, 2769. 

Caucus nominations, certificate, 2770. 

Nomination certificates, signatures, 277** 




922 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections —Continued. 

^Ballot Law —Continued. 

Nomination papers, requisites, 2772. 

Certificates to be filed, 2773. 

In city elections filed 15 days before election, 2773. 
Withdrawal of nominations, 2774. 

Death or declination of candidates, vacancy, 2775. 

Certificates of nomination, objections, 2776. 

Objections considered by mayor and clerk, when, 2776. 

Board of election commissioners to consider objections, 2776. 
Nominations to fill vacancies, 2777. 

Pasters, stamping on ballot, 2778. 

Notice to county clerk, 2779. 

Ballot, what to contain, 2780. 

Form of ballot, 2780. 

Printing of ballots, by what officers, 2781. 

Delivery of, to election precincts, 2781. 

Vote on constitutional amendments, 2782. 

Cumulative voting, 2783. 

Printed instructions for voters, 2784. 

Instruction cards and specimen ballots to be posted, 2785. 
Judges to have charge of ballots, 2786. 

Booths at polling places, stationery, etc., 2787. 

Booths to be private, 2787. 

Manner of voting, checking on registry list, 2788. 

Manner of preparing ballot, 2789. 

Spoiled ballot, 2789. 

Assistance to illiterate voter, 2790. 

Intoxication not regarded as disability, 2790. 

Absence for voting purposes, employer preventing, 2791. 
Ballots not counted, spoiled ballots, 2792. 

How marked, record of number, 2792. 

Canvass of votes, proclamation, 2793. 

Procedure in destroying, 2793. 

Electioneering at polls prohibited, 2794. 

Unlawful exhibition of ballot, 2795. 

False statement concerning disability, 2795. 

Destroying poster lists or cards of instruction, 2796. 

False certificates of nomination, 2797. 

Destroying same, 2797. 

Neglect of officer to perform duty, 2798. 

Ballot law published in pamphlets, 2799. 

Time polls to be kept open, 2800. 

Repeal of prior acts, 2801. 

Newspaper publication of this election law, 2802. 

School Officers in Cities. 

Fees of judges, how paid, 2803. 

When school directors elected, 2804. 

Levy taxes to pay fees, 2805. 

School District Elections. 

Where district lies within or partly within cities, 2806. 
Election, how conducted, 2807. 

Refusal of officer to perform duty, 2808 
Obstructing election, 2808. 

Repeal of acts in conflict, emergency, 2809-10. 




INDEX TO REVISED CODE. 


923 


References are to sections. For index to Special Ordinances, see Vol. II. 


Elections— Continued. 

Women. 

Women may vote for school officers, 2811. 

Qualifications, register, 2811. 

Ballot, what to contain, how deposited, 2812. 

Primary Elections. 

When primary election to be held under this act, 2813. 

Must be expressed by resolution, 2814. 

Committee to fix time and place oi election, 2815. 

Judges and clerks, 2815. 

Notice of election, what to contain, 2816. 

Judges, clerks, oaths, duties, 2817. 

Who may vote, penalty for voting contrary to act, 2818. 
Committee to divide district, number of voters in, 2819. 

Judges may hear objections, oath, registered voter, challenge, 2820. 
Fraudulent voting, corrupt practices, 2821. 

Enumerated misdemeanors, 2821. 

Qualification of voters, 2822. 

Form of poll and tally list, 2823. 

Oaths, 2824. 

How ballots printed, 2825. 

Ballot box, how kept, 2826. 

Proclamation, 2827. 

Closing of polls, 2828. 

Canvass, how made, 2829. 

Judges conducting canvass, 2830. 

Lists, how made, 2831. 

After lists signed, judges to count the votes, 2832. 

Tallies, how made, 2833. 

Lists to be signed by judges, 2834. 

To destroy ballots, statements and lists filed, 2835. 

Certificates to be issued, 2836. 

Penalty for violating act, 2837. 

Act of June 22, 1885, repealed, 2838. 

Illegal Voting at Primaries. 

Who may vote at, 2839. 

Penalty for violating act, 2840. 

For raising money to extend water supply, 3 A 39 - 

Election Contests. 

See Elections. 

Electric Heat and Power Wires. 

See Telegraph and TelePho 7 ie. 

Electric Lights. 

Use of electric currents prohibited, exception, 589. 

Permit to install, application, contents, 590 - 
Inspection of by superintendent of city telegraph, 591. 

Preliminary and final certificate, 59 2 - 
Power of superintendent, 593. 

Poles, covers and wires to be branded and tagged, 594. 

Fees for certificates of inspection, 595. 




924 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Electric Lights— Continued. 

Record of superintendent, annual report, 596. 

Alterations, 597. 

(Statutes.) 

Use of system in case of annexed cit} r , town, etc., 2405. 

Electric Railroads. 

(Statutes.) 

Prerequisite to grant on streets, 2225, cl. 90. 

Elevated Railroads. 

See Streets. 

(Statutes.) 

Use of streets, petition of land owners, 3211. 

When street more than one mile, 3212. 

Elevators. 

See Buildings. 

Eminent Domain. 

See Special Assessment. 

Plat of property to be taken, filed with commissioner of buildings, 226. 
(Constitution.) 

No taking without just compensation, 2129. 

Fee taken without consent, to remain in owners, 2129. 

(Statutes.) 

Taking property for local improvements under special assessment act, 
2279-93. 

Supplemental petition to assess damages for payment of property taken 

2330. 

Taking property for construction of levee, etc., 2526. 

Taking property under act organizing Chicago into drainage district, 2555-6.. 
Taking property under act creating sanitary districts, 2572. 

Compensation to be ascertained by jury, 2841. 

Proceedings and parties, 2842. 

Petition in vacation, 2843. 

Service, notice, 2844. 

Hearing, 2845. 

Several tracts, 2845. 

Amendments to petition, 2845. 

New parties, practice, 2845. 

Jury in vacation, 2846. 

Impaneling jury, 2847. 

Oath of jury, 2848. 

View of premises, verdict as to compensation, 2849. 

Judgment, payment of compensation, 2850. 

Cross-petition, 2851. 

Appeal to supreme court, 2852. 

Bond, use of premises, 2853. ' 

Payments to county treasurer, 2854. 

Judgment entered, 2855. 

Repeal of laws in conflict with, 2856. 

Lands of state institutions not to be taken, 2857. 

Taking property under Jhorse and dummy railroad act, 2896-8. 
taking property for water works, 3232. 





INDEX TO REVISED CODE. 


925 


References are to sections. For index to Special Ordinances, see Vol. II. 


Employer and Employe. 

Auctioneers to designate clerks, etc., 128. 

Provisions of chapter to apply to auctioneer’s clerks, 129. 

Children under fourteen, prohibited employment, 467. 

Exemption, permit, revocation, 468. 

Employment of exempted children, 469. 

Violation of ordinance as to employment of children, 470. 

Evasion of ordinance, 471. 

Ventilation of factories, workshops, etc., 1097. 

Places of employment to be kept in cleanly condition, 1098. 

Separate urinals and closets for male and female, 1098. 

Inspection of workshops, etc., 1099. 

Seats for use of women employes, 1101. 

Appointments in department of public works, 1600. 

Removals in bureau of street and alley cleaning, 1676. 

City employes, eight hours to constitute day’s labor, 1688. 

Civil Service. 

(Statutes.) 

Removals from classified service, 2496. 

Not to solicit contributions, etc., 2505. 

No person to solicit contributions from, 2506. 

Assessments, etc., in public offices forbidden, 2507. 

Payment to officers or employe of political "assessments, 2508. 

Abuse of influence, 2509. 

Payment for places prohibited, 2510. 

No applicant for position to be assisted by employe, 2511. 

Abuse of political influence prohibited, 2512. 

Appointments and removals to be certified to comptroller, 2514. 
Comptroller to pay salaries on certification, 2515. 

Paymasters, etc., to pay salaries only after certification, 2516. 

To allow employe leave of absence to vote, 2791. 

Employment. 

(Statutes.) 

Eight hours a legal day’s work, exception, 2858. 

When act does not apply, 2859. 

Woman. 

Sex no bar to occupation, profession, etc., 2860. 

Females not to work on streets, 2861. 

Repeal, 2862. 

Child Labor. 

Unlawful to employ any child under thirteen, 2863. 

Board of education may authorize employment, 2864. 

When certificate may be granted. 2865. 

Not to be employed without certificate. 2866. 

Factories and manufacturing establishments not to employ, 2800. 
Penalty for non-compliance with act, 2867. 

Factories and Workshops. 

Places used for manufacturing garments not to be used for living 
rooms, 2868. 

Contagious or infectious disease in, 2869. 

Inspector to report, 2870. 0 

Child under fourteen not to be employed in, 2871. 

Register to be kept of employes, 2871. 





926 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Employment— Continued. 

Factories and Workshops —Continued. 

Females not to work over eight hours per day, 2872. 

Notice stating hours of labor to be posted, 2873. 

Meaning of words “factories” and “workshops,” 2874. 

Meaning of words “manufacturing establishments,” 2874. 

Penalty for violation, 2875. 

Factory inspector appointed by governor, 2876. 

Assistant factory inspector, 2876. 

Deputy factory inspectors, 2876. 

Duties, 2876. 

Appropriation for salaries, 2877. 

When and how drawn, 2878. 

Labor on Street. 

City council may require inhabitants to, 2234. 2879. 

Power to provide penalty, 2880. 

Aliens. 

None but citizens to be paid from public funds, 2881. 

Or who have declared their intention to become citizens, 2881. 
Employer to file certificate, 2882. 

Penalty for violating act, 2883. 

Making false certificate, 2884. 

Employer to investigate and discharge aliens, 2885. 

Failure to take out final papers, 2886. 

English Sparrows. 

See Sparrows. 

Engineer. 

See Stationary Engines and Engineers. 

Engines. 

See Fire Department / Railroads ; Stationary Engines and Engineers. 

Erring Women’s Refuge. 

(Statutes.) 

Providing for proportion of fines to be set aside for, 2456-9. 

Evidence. 

(Statutes.) 

Proof of ordinances, 2228. 

Certified copies of ordinances and records, 2244. 

Of passage and publication of ordinances, 2245. 

Of affidavits of notice of special assessments, 2305. 

Of report of list of special assessment delinquents, 2316. -* 

Of acknowledgment of official bonds, 2441. 

Proof of ordinances, records, etc., 2984-7. 

Recorded plats of subdivided lands, etc., 3017. 

Examiner. 

^ (Statutes.) 

Chief, under civil service act, 2500. 

Examiner of Subdivisions. 

See Public Works. 




INDEX TO REVISED CODE. 


927 


References are to sections. For index to Special Ordinances, see Vol. II. 


Excavations. 

Excavations around sewers, permit, 571. 

Clay holes and excavations to be fenced, 1307. 

Excavations in streets, permits to be shown, etc., 1513. 

Boring, etc., permit, 1665. 

Penalty, 16 66. 

Power of commissioner of public works as to placing shafts, etc., 1667. 
Displacing pavements, limited to two blocks, 1668. 

Sewer connections, permission of commissioner of public works, 1698. 
Sewer connections, license fee, agreement, 1699. 

Digging holes, ditches, etc., permit, 1880. 

Digging in street, etc., duty of contractor, 1895. 

Fences and railings to protect openings, lights, 1897. 

Who liable for damages, 1898. 

Duty of department of public works as to lights, 1899. 

Wires underground, traffic not to be impeded, 1905. 

Supervision, etc., in laying wires, 1906. 

Execution. 

(Statutes.) 

Service of, on judgment on official bond, 2446. 

Firemen’s pension fund not subject to, 3076. 

Exemption. 

(Constitution.) 

Taxation of municipal property may be exempted, 2149. 

(Statutes.) 

Property exempt from taxation only under general law, 2278. 

Of judges and clerks of election, from jury duty, 2658. 

Of firemen’s pension fund, from execution, 3076. 

Property under general act, from taxation, 3091. 

Local exemptions of property from taxation prohibited, exception, 3142. 
School directors from road labor and military duty, 3186. 

Exhibitions. 

See Amusements, 

Power of city council to license, tax, and regulate, 2225, cl. 41. 

Exit. 

(Statutes.) 

Public buildings, churches, theater, etc., doors to open outward, 2447. 
Penalty, 2448. 

When public buildings may be closed, 2449. 

Explosives. 

See Gunpowder and Explosives. 

Explosions. 

See Steam Boilers. 

Express Wagons and Expressmen. 

See Coaches, Cabs and Carts. 

(Statutes.) , . , 

Power of city counsel to license,*tax, and regulate, 2225, cl. 4 -- 

Extortion. 

'Constitution.) 

Justices of the peace may be removed for, 2140. 




928 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 



Factories. 

See Employment; Workshops. 

Ventilation and cleanliness of, 1097. 

Free from effluvia, gas, etc., 1098. 

Inspection by commissioner of healtn, 1099. 
(Statutes.) 

Not to employ children without certificate, 2866. 
Child under fourteen not to be employed in, 2871. 

False Alarm. 

False alarm of fire, 658. 

Farcy. 

Horse, ass or colt having, not to be kept, 1107. 

Fare. 

See Coaches, Cabs and Carts. 

Rates of fare, two horses, 489. 

Rates of fare, one horse, 490. 

Rates posted in vehicle, 493. 

Fare disputed, 494. 

Pay for detention, 495. 

Fare collected in advance, 497. 

Public carts, 519. 

Fast Driving. 

Driving over six miles per hour prohibited, 1259. 
Crossings and intersections of streets, speed, 1260. 
Issuing from alley, not faster than a walk, 1261. 
Racing on public streets, 1264. 

Farmers. 

(Statutes.) 

May sell products without license, 2966. 

Fees. 

See Compensation / Salaries. 

Baker, for carrying on business, 189. 

Building permit fees, by whom collected, £31. 

Record of fees of department of buildings, 233. 
Elevator inspection fee, 248. 

Permit fees for water used in building, 257 
Permit fees for building, 258. 

Permit fees for removing building, 270. 

Permit fee for fire escapes, 452. 

Permit fee for water tanks, 454. 

Redemption fee for dogs, 554. 

Redemption fees when tag is lost, 555. 

For inspection of electric wires, etc' S9s. 

Of inspector of fish, 685. * 

Of inspector of gas meters, 726. 

For wagons at Randolph street market, 1224 
City weighers of hay, 1242. 





INDEX TO REVISED CODE. 


929 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fees— Continued. 

For official acts, established by ordinance, 1336. 

Oil inspector to pay into city treasury, 1359. 

Police justice to relinquish, 1545. 

Police justice to pay into city treasury, 1545. 

Police court clerks to pay fees into city treasury, 1546. 

Police court clerks to pay to comptroller, 1551. 

Witness fees taxed and collected when demanded, 1552. 

Payment of by comptroller, 1553. 

Fees for impounding animals, 1581. 

For permits to drain sewers in river, canal or slips, 1698. 

For each sewer connection made by private party, $5, 1699. 

For permits to lay tracks, 1701. 

For permit to use space underneath sidewalks, 1826. 

For inspection of steam boilers, 1944- 

Payment to city of one-half of all fees for inspection of boilers, 19 5 1 - 
For inspection weights and measures, 2013-15. 

(Statutes.) 

Of officers to be fixed by council, 2249. 

Of officers to be reported to mayor, when, 2249. 

Attorney fees recoverable from sanitary district, when, 2575. 

Election commissioners and chief clerx, 2756. 

Judges and clerks of election, 2757. 

When city to pay judges and clerks, 2759. 

Cities to pay judges, etc., of election in school elections, 2803. 

Conveying prisoners to house of correction, 2923. 

Felons. 

(Statutes.) 

Record of penitentiary convicts to be furnished election commissioners, 
2664. 

Record of pardons of convicts to be furnished election commissioners, 
2664. 

Duty of election commissioners to keep list of same, 2666. 

Unpardoned convicts, prohibited from voting, penalty, 2742. 

Felony. 

(Statutes.) 

Violators of election laws adjudged guilty of, 2730-42, 2746. 

Females. 

See Employment; Women. 

(Statutes.) 

Not to work on streets, 2861. 

Fence. 

Height of above sidewalk grade, 464. 

(Statutes.) , . 

Power of city council to require railroads to construct, 2225, cl. 20. 

Power of council to regulate party fences, etc., 2225, cl. 60. 


Ferry. 

See Bridges and Ferries. 

(Statutes.) . 

Power of city council to establish, license and regulate. 2225, 


cl. 87. 


59 




930 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Finance. 

See Revenue. 

Department created, duties, 17. 

How composed, comptroller at head, 18. 

Commencement of fiscal year, 19. 

Banks for city deposit, 62. 

Corporation counsel to draw deeds, etc., 80. 

Payment of officers and employes to be made monthly, 1335. 

(Statutes.) 

Control of, vested in city council, 2225, cl. 1. 

Power of city council to appropriate money, 2225, cl. 2. 

Fiscal year, how fixed, 2251. 

Annual appropriation ordinance,. 2252. 

Limitation, emergency, borrowing money, 2253. 

Contracting liabilities by city council limited, 2254. 

Treasurer. 

Duties, 2255. 

Separate accounts, 2256. 

Receipts to be given for all moneys received, 2257. 

Monthly statement, warrants, vouchers, register, 2258. 

Deposit of funds, bond of bank receiving, 2259. 

Separation of corporate and private moneys, 2259. 

Annual report, publication, 2260. 

Warrants drawn on treasurer, how signed, 2261. 

Special assessment funds kept separate, 2262. 

City Collector. 

Duties, 2263. 

Report, 2264. 

Not to detain moneys, penalty, 2265. 

Examination of books, paying over, 2266. 

City Comptroller. 

Powers and duties of, 2267. 

Council may define the duties, 2268. 

City clerk’s financial duties to devolve upon, 2268. 

Record of bonds issued by city, 2269. 

General Provisions. 

Further duties may be required of collector, treasurer, etc., 2270. 
Adjustment of accounts of foregoing officers, appeal to finance com¬ 
mittee, 2271. 

Who may appoint subordinates, 2272. 

Foreign fire insurance companies, license, etc., penalties, 2273. 
Warrants payable on demand, when issued, 3226. 

Warrants in anticipation of taxes, 3227. 

Interest on warrants in anticipation of taxes, 3229. 

Borrow money and levy tax for water works, 3231. 

Receipts from water works kept separate, 3235. 

Increase of water supply, expense, how paid, 3239. 

Expenditure of money for, submitted to people, 3239. 

Finance Committee. 

See Committee on Finance. 




INDEX TO REVISED CODE. 


981 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fines. 

See Penalties. 

Portion credited to police and firemen’s relief fund, 46. 

Portion paid to Illinois Humane Society, 47. 

Fines from commitment to house of correction, how credited, 59. 
Where minimum but no maximum penalty is expressed, 136b. 
Police court magistrates to pay into city treasury, 1573. 

Fire. 

See Buildings; Police and Firemen's Fund. 

Fire Marshal. 

Office created, 502. 

Appointment, 603. 

Bond, 604. 

Subordinates, appointment, 605. 

Subordinates, regulations, 606. 

Bonds of subordinates, 607. 

Control of department, 608. 

Custody of apparatus, 609. 

Causes of fire, investigation of, 610. 

Inspection of apparatus, 611. 

Annual report, 612. 

Repair of apparatus, 613. 

Uniform, badges, 614. 

Violation of rules, tribunal, 615. 

Reducing to ranks, discharge, 616. 

Charges, how preferred, 617. 

Suspension of members, 618. 

Record, 619. 

Annual estimate, 620. 

Superintendent of City Telegraph. 

Duties, 623. 

Control of fire alarm apparatus, 624. 

Records, annual report, 625. 

Control of operators, 626. 

Control of batteries, 627. 

Rules and regulations, 628. 

Fire Inspector. 

Duties, 629. 

Power to arrest, 630. 

Fire Department. 

Creation of, officers, 601. 

Secretary of department, 621. 

Assistant fire marshals, 622. 

Disability, salary, 631. , , 

Prohibiting persons from handling apparatus, 632. 

Copy of rules, 633. 

Badges, 634. 

Rewards, 635 
Resignation, 636. 

Cordon around fire, 637. 

Removal of property, 638. 

Destruction of building, 639. 

Power of arrest, 640 
r Hydrant, obstruction, 641. 







932 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fire— Continued. 

Fire Department —Continued. 

Engine house, non-employes excluded, 642. 
Personating firemen, 643. 

Non-employes to obey orders, 644. 

Aid of licensed vehicles, 645. 

Hindrance to firemen, 646. 

Speed on return, 647. 

Driving on or over hose, 648. 

Hose protectors, 649. 

Removal of property from burned building, 650. 
Department keys, 651. 

Property saved, proof of ownership, 652. 
Telegraph poles, 653. 

Alarm boxes, wrongful opening, 654. 

Fire hydrants, interference with, etc., 655. 
Department wrenches, 656. 

Fines, disposal of, 657. 

False alarm, 658. 

Bonfires in streets, etc., 659. 

Lamps in barns, etc., 6bo. 

Shavings, oiled rags, etc., 661. 

Stoves in shops and buildings. 662. 

Conveyance of fire through streets, 663. 

Removal of combustibles, 664. 

Boiling of pitch, etc., 665. 

Deposit of hay, etc., 666. 

Ashes, 667. 

Piling lumber where prohibited, 668. 

Fire limits, 669. 

Bonfires prohibited in parks, 1383. 

Police to give aid to firemen, 1511. 

Eight hours, department excepted from, 1688. 
Fire Escapes. 

Stand pipes, ladders, etc., 443. 

Inspection certificates, 444. 

Fire escapes with ladders, 425. 

Anchors, specifications, 446. 

Balconies, specifications, 447. 

Ladders, specifications, 448. 

Stand pipe, specifications,^ 449. 

Siamese, specifications, 450. 

Anchors, how bolted, 451. 

Painting, specifications, 452. 

Duty of inspector to condemn, 453. 

Gunpowder and Explosives. 

Keeping gunpowder without permit, 754. 

Permits, number limited, 755. 

Register of permits, 756. 

Sale of during evening, 757. 

Sale of, sign showing, 758. 

Amount on hand, 759. 

Powder magazine, distance from city limits, 760. 
( onveyance through streets, 701. 








INDEX TO REVISED CODE. 


933 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fire— Continued. 

Gunpowder and Explosives —Continued. 

Explosives brought into city, removal, 762-3. 

Vehicles carrying explosives, sign, to keep moving, 764. 

Vessel carrying explosives, prohibited landings, 765. 

Permits, expiration of, fee, 766. 

Permits not to be issued to intemperate persons, 767. 

Seizure and removal, 768. 

, Manufacture of explosives, 769. 

Storage of, sign showing, 770, 772. 

Penalties, 771. 

Amusement halls, fire arrangements, 120. 

Bridges to be closed for fire apparatus, 203. 

Tearing down dangerous buildings and walls, 229. 

Inspection of records of building department, 232. 

Theaters, fire apparatus to be employed, 425-6. 

Theaters, employment of regular firemen, etc., 427. 

Theaters, inspection of lights and fire apparatus, 432. 

Inspection of elevator hatch closers, 436. 

Buildings within fire limits, how constructed, 456. 

Inspection of buildings of class IV., 460. 

Power to close buildings of class IV., 461. 

Revocation of theater license for violation of building ordinance, 462. 
Lambert Tree medal, 2113. 

(Statutes.) 

Power of city council to regulate construction, fire escapes, 2225, cl. 61. 
Power of city council to prescribe fire limits, 2225, cl. 62. 

Power of city council to prevent acts likely to cause, 2225, cl. 63. 

Power of city council to erect engine houses, provide engines, etc., 2225,cl.64. 
Power of city council to regulate storage of explosives and combustibles, 
2225, cl. 65. 

Power of city council to regulate fireworks, lights, etc., 2225, cl. 65. 
Transfer of firemen in connection with annexed territory, 2410. 

All fines for violation of rules to go to relief fund, 3052. 

All fines for violation of fire ordinances to go to relief fund, 3052. 

Marshal member of board of trustees police and firemen’s fund, 3053. 
Marshal member of board of firemen’s fund, 3062. 

Fire department apparatus, etc., exempt from taxation, 3091. 

License fees of insurance companies for use of department, 3154. 

Firearms, Fireworks and Cannon. 

Firearms, prohibition, 670. * 

Firearms, minor, 671. 

Fireworks, discharge of, 672. • 

Fireworks, dynamite, 673. 

Storage of fireworks, 674. 

Gannon, discharge of, 675. ^ ' 

Fireworks, sale of, 676. 

Torpedo on car tracks, 677. 

Duty of police, 678. 

Carrying into park forbidden, 1375. 

(Statutes.) 

Power of city council to restrain use of firewcrks, 2225, cl. 65. 

Fire Department. 

See Fire. 









INDEX TO REVISED CODE. 


934 


References are to sections. For index to Special Ordinances, sc j Vol. II. 


Fire Escapes and Stand Pipes. 

Stand pipes, ladders, etc., when required, 443. 

Inspection certificates, 444. 

Eire escapes with ladders, specifications, 445. 

Balcony anchors and braces, specifications, 446. 

Balconies, specifications of, 447. 

Ladders, specifications of, 448. 

Stand pipes, specifications of, 449. 

Siamese, specifications of, 450. 

Anchors, how bolted, 451. 

Painting, specifications, 452. 

Permit for fire escapes, fee, 452. 

Duty of inspector to condemn faulty work, 453. 

(Statutes.) 

Power of city council to regulate construction of, 2225, cl. 61. 

To be placed on all buildings of more than four stories, 2891. 
Construction of, 2891. 

On certain buildings hereafter erected, 2892. 

Owner compelled to erect, 2893. 

Notice to erect, 2893. 

Owner failing to erect, penalty, 2894. 

Fines to go to school funds, 2895. 

Fire Hydrants. 

Obstruction of, 641. 

Interference or tampering with, 655. 

Oisposal of fines for tampering with, etc., to apply to maintenance of, 1980. 

Fire Inspector. 

’ See Buildings ; Fire. 

To investigate causes of Ere, 629. 

Duty to cause arrest, when, 630. 

Fire Insurance Companies. 

See Foreign Fire Insurance Companies. 

(Statutes.) 

One-half of license fees to go to police and firemen's relief fund, 3052. 

Fire Limits. 

Building within fire limits, 272. 

Building without fire limits, 273. 

Limits established, 669. 

(Statutes.) 

Power oi city council ta prescribe repair of buildings within, 2225, cl. 62. 

1 ower of city council to prohibit piling lumber, etc., within, 2225, cl. 93. 

Firemen. 

See Fire; Relief Funds. 

Firemen’s Pension and Relief Funds. 

See Relief Funds. , 

Fire Marshal. 

See Fire. 

I o issue certificate for amusement halls, hi. 

(Statutes.) 

A trustee of police and firemen’s relief fund, 3053. 

A trustee of firemen’s pension fund, 30(552. ' * 







INDEX TO REVISED CODE. 


935 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fire Wood. 

(Statutes.) 

Power of city council to inspect and measure, 2225, cl. 54. 

Fireworks. 

See Firearms , Fireworks and Cannon. 

Fiscal Year. 

Commencement of fiscal year, 19 
(Statutes.) 

May be fixed by ordinance, exception, 2251. 

Fish. 

Inspector, office created, 679. 

Appointment of inspector, 680. 

Bond, 681. 

Assistants, 682. 

Weighing, standard packages, 683. 

Brand, 684. 

Fees, 685. 

Cooperage, payment for, 686. 

Package, strength and sufficiency, 687. 

Record, report, 688. 

Office, 689. 

Prohibited dealings, 690. 

Inspection, right of entry, 691. 

Seizure, 692. 

False assumption of office, 693. 

Interference with inspector, 694. 

Fresh water fish, inspection, etc., 695. 

Brand, penalty, 696. 

Inspectors default, removal, 697. 

Penalty, 698. 

Daily removal by dealers in shell fish, 904. 

Offensive not to be kept, 1108. 

(Statutes.) 

Power of city council to regulate sale of, 2225, cl. 5 °- 

Power of city council to provide and regulate inspection of, 2225, cl. 53. 

Fishing. 

(Statutes.) 

In park forbidden, 1380. 

Flagmen. 

Railroad companies to provide at crossings, 1741. 

(Statutes.) . 

Power of city council to require at railroad crossings, 2225, cl. 27. 

At railroad crossings, 3048. 


Flags. 

Display of on city hall, 7. 

(Statutes.) . . 

Power of city council to regulate flags in streets, 2225, cl. 19. 

Flower Pots. 

Flower pots on window sills, etc., I 3 12 - 


Food. 

See Milk and Food; Bread; Health. 




936 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Foreign Fire Insurance Companies. 

See Revenue. 

Business prohibited, when, 699. 

One per cent, gross receipts to city, 700. 

Yearly report, 701. 

Recovery by suit, 702. 

Insurance broker, concerning, 703. 

Broker defined, license, fee, 704. 

Penalty, 705. 

(Statutes.) 

To pay license fee, 3154. 

Forestalling and Regrating. 

Power of city council to prevent and punish, 2225, cl. 51. 

Forfeitures. 

See License. 

Of license to sell malt liquor, 2603. 

Of benefit of police pension fund for crime, etc., 3085. 

Of rights of railways not conforming to grades in improvement districts 
2543 - 

Former Charter of Chicago. 

Provisions of, 3248-3320. 

Fortune Telling. 

In parks prohibited, 1377. 

Foundries. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 82. 

Fountain. 

Drinking fountain, permit on public streets, 1840. 

Fountain rates, Class IX (water rates), 1981. 

Fowl. 

Unwholesome bought or sold, 989. 

Diseased not to be sold, 992-3. 

Offensive, not to bury or keep, 1108. 

Frame Building. 

See Buildings. 

Fraudulent Prescriptions. 

Sale, etc., of medicine under deceptive name prohibited, 1301. 

Free Public Libraries. 

See Libraries. 

Fruit. 

See Fruits , Berries, Etc. 

Decayed, prohibited gathering of, 891. 

Decayed, prohibited sale of, S92. 

Casting refuse of, on streets, 1321. 

Fruits, Berries and Vegetables. 

Packages to be uniform, etc., 996. 

Packages marked, 997. ., 

Grapes, 998. 

Penalty, 999. 




INDEX TO REVISED CODE. 


937 


References are to sections. For index to Special Ordinances, see Vol. II. 


Fruits, Berries and Vegetables— Continued. 

Colored netting for covering, ioco. 

Sales in bulk, 1001. 

Duty of health department, i002. 

Detection of offenders, 1003. 

Fruit Growers. 

(Statutes.) 

May sell products without license, 2966. 



Gaming. 

See Disorderly House. 

Places kept for gambling, nuisance, 706. 

Gambling prohibited, 707. 

Duty of police, inform and prosecute, 708. 

Possession of gambling devices, 709. 

Gaming on street, 710. 

Visitor, keeper, runner, etc., 711. 

Seizure of gaming implements, resistance to, 712. 

Lottery. 

Prohibited, 713. 

Owner or lessee of building, 714. 

Agents for lottery, 715. 

Advertising prohibited, 716. 

Pool Selling, Book Making. 

Betting prohibited, 717. 

Penalty, 718. 

Owner, lessee, occupant, exception, 719. 

Minors gaming in saloons, 1277. 

In parks, forbidden, 1377. 

(Statutes.) 

Power of city council to suppress gaming and gambling, 2225, cl. 45. 

Garbage, Ashes and Refuse. 

See Street and Alley Cleaning. 

Removal of, bureau of street and alley cleaning, 887. 

Vessel for garbage, 888. 

Ashes, deposit of, in certain district, 889. 

Position of vessel, 890. 

Health department only to take, 891. 

Unlawful to sell garbage, 892. 

Deposit of garbage, when forbidden, 893. 

Garbage vehicle, notice of approach, 894. 

Construction of vehicles, 895. 

Vehicles not to create nuisance, 896. 

Shall be covered, 897. 

Disinfected, 898. 

Not to be overladen, 899. 

Deposit of manure, etc., 900. 

Deposit of offensive matter, 901. 

Garbage when loaded on railroad cars, 902. 





938 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Garbage, Ashes and Refuse— Continued. 

Manure not to be turned, 903. 

Oyster house refuse, 904. 

Hotel and house swill, 905. 

Hotel garbage, 906. 

Vessel or boat conveying, 907. 

Deposit in lake, river or street, 908. 

Contents of privy, etc., in lake or river, 909. 

Swill in streets, 910. 

Offal in street or river, 911. 

Noxious refuse on vacant grounds, 912. 

Penalties, 913. 

Garbage, ashes, filth, offal, swill, dead animals, etc., removal of, 1674-5. 
From streets, alley, etc., and from lots, 1675. 

Contracts for removal of garbage, etc., 1677. 

How contract let, bidders, deposit, 1679. 

Contractor’s bond, 1680. 

Forfeiture of contract, 1681. 

Lack of bidders, contractor’s default, 1683. 

Supervision of health department, 1686. 

(Statutes.) 

Power of city council to regulate and prevent deposit, 2225, cl. 15. 

Garbage Crematories. 

Location, limit of cost, 914. 

Contracts authorized, 915. 

Contract with owners to consume, 916. 

Delivery of garbage at, 917. 

Gardeners. 

(Statutes.) 

May sell products without license, 2966. 

Gas. 

Inspector of Gas Meters. 

Office created, 720. 

Appointment, term, 721. 

Bond, 722. 

Duty to test meters, 723. 

Notice of test, 724. , 

Inspection conclusive, 725. 

Fees, 726. ~ 1 

Certificate of inspection, 727. 

Time table for public gas lamps, 728. 

Test lamps, inspection, 729. 

Record of test, report, 730. 

Gauge meters at fire engine houses, 731. 

Watchman’s record and report. 732-3. ! " 

Extinguishment of lights, 734. 

Monthly report, 735. 

Report of gauge lamps, 736. 

Supervision over street lamps, 737. 

Office hours, apparatus, 738. 

Quality of gas, 739. " , 

Records preserved, 740. 

Test lamp examination. 741. 

Quarterly reports, 742. . 









INDEX TO REVISED CODE. 


939 


References are to sections. For index to Special Ordinances, see Vol. II. 


Gas— Continued. 

Apparatus, 743. 

Penalties, 744. 

Deposits for meters, 745. 

Deposit with city treasurer, 746. 

Present receipt for deposit and interest, 747. 

Rate of interest, 748. 

When deposit too small, 749. 

Refuse from manufactory, disposal of, prohibited, 1127. 

Noxious odors not to escape, 1127. 

Displacement of pavement limited to two blocks, 1668. 

(Statutes.) 

Use of gas system, in case of annexed city, town, etc., 2405. 

Gas House. 

Location of, consent, permit, 266. 

Gates at Railroad Crossings. 

Gates at crossings, 1742. 

Gates, construction and operation of, 1743. 

Failure to erect, etc., penalty, 1744. 

Cost, supervision, 1745. 

Walls, fences, gates, signals, 1750 - 
Penalty, 1755. 

Geese. 

See Pounds . 

(Statutes.) 

Power of city council to prohibit running at large, 2225, cl. 80. 

Glanders. 

Horse, ass, or colt having, not to be kept, 1107. 

Glass. 

Smooth glass in sidewalks prohibited, 1818. 

Goats. 

See Pounds. 

Not to be kept in tenement or lodging house, 1073. 

Not to be turned into park, 1374. 

(Statutes.) 

Power of city council to prohibit running at large, 2225, cl. 80. 

Governor of State. 

Mayor's authority over militia subject to, 2185. 

Inspection of work of sanitary district, 2583. 

To furnish election commissioners list of pardoned convicts, 2664. 
Plouse of correction, report to annually, 2918. 

Grades. 

Record of benches and elevations, 750. 

Bench engineer, 751. 

Grade ordinances, who recommended by, 752- 
Straight lines from established grades, 753. 

Sidewalks. 

To be furnished by department public works, 1815. 

No departure from grade as fixed, 1819. 

Grade crossings abolished (“O’Neill’’ ordinance), 2089-2102. 







940 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Grades— Continued. 

(Statutes.) 

Power of city council to regulate, of railroad crossings, 2225, cl. 25-27. 
Of cities subject to overflow, 2539. 

Notice to owner to repair for levees, 2527. 

City to determine and regulate, of landing places, 2534. 

City to regulate of land where water stands, 2535. 

Land subject to overflow, establishment of, 2537. 

Notice to fill same to grade, 2537. 

Grand Jury. 

(Statutes.) 

To investigate sufficiency of fire escapes, 2893. 

Grating. 

Not to be left uncovered, 1853. 

Graveyard. 

(Statutes.) 

Exempt from taxation, 3091. 

Grocery. 

See Liquors. 

Inspection of foods intended for sale, 978. 

(Statutes.) 

Power of city council to compel cleansing of and cleanse, etc., 2225, cl. 84. 

Guardian. 

(Statutes.) 

Disability, guardian ad litem in special assessment cases, 2291. 

Guardian and Ward. 

See Workshops ; Employment. 

Not to expose ward to disease, 873. 

Duty of, as to vaccination of ward, 1083. 

(Statutes.) 

Intoxication, suit by guardian for resultant injury, 2594. 

When property of guardian liable, instead of that of ward, 2595. 

Guardians and conservators to be made defendants in condemnation suits 
2842. ' 

Consenting to employment of child. 2867. 

Child under fourteen not to be employed in workshops, 2871 

Guncotton. 

See Gunpowder and Explosives. 

Gunpowder and Explosives. 

Explosives, sale, etc., permit, 754. 

Permits, number limited, 755. 

Register of permits, 756. 

Sale during evening, 757. 

Sale of, dealer to keep sign posted at door, 758. 

Gunpowder, etc., limitation of quantity and manner of keeping, 750 
Powder magazine, when prohibited, 760. 

Conveyance through streets, 761. 

In transit, time for remaining in city limited, 762-3. 

Vehicle carrying explosives, 764. 

Vessel carrying explosives, 765. 

Removal of vessel, 766. 

Permits, expiration, fee, 767. 


/ 







INDEX TO REVISED CODE. 


941 


References are to sections. For index to Special Ordinances, see Vol. II. 


Gunpowder and Explosives— Continued. * 

Permits not granted to saloon keeper, etc., 767. 

Seizure when found in prohibited places, 768. 

Manufacture of explosives, where prohibited, 769. 

Keeping or conveying without permit prohibited, 770. 
Storage of, sign to be posted, 771. 

Penalties, 772. 

Vessel laden with not to make fast to docks, 788. 
(Statutes.) 

Power of city council to regulate storage of, 2225, cl. 65. 

Gutters. 

(Statutes.) 

Power of city council to provide and regulate, 2225, cl. 16. 
Power of city council to regulate repair of, etc., 2225, cl. 57. 

Gymnasium. 

Ventilation and cleanliness, 850. 



Habitual Drunkards. 

See Intoxication. 

Sale of intoxicants to, 1186. 

Minor, sale of intoxicants to, 1276. 

Hack Stands. 

See Coaches , Cabs and Carts. 

Hackmen. 

See Coaches , Cabs and Carts. 

(Statutes.) 

Power of city council to license, tax and regulate, 2225, cl. 42. 

Handbills. 

Distribution on street, 1317* 

(Statutes.) . 10 

Power of city council to regulate posting of, 2225, cl. 17-18. 

Harbor and Harbor Master. 

See River. 

Duty to enforce bridge ordinance, 212. 

Harbor Master. 

Office created, assistants, 773 - 

Vessel dispatcher, 773 - 

Bridge tenders, appointment, 773. 

Bonds of officers and employes, removal, 774 - 
Harbor master’s office and hours, 775 - 
Subject to commissioner of public works, 770. 

Uniform prescribed, record of damages and repot ts, 777 - 
City life boats, custody, 778. 

Location of vessels, when forbidden, penalty, 779 - 
Power over vessels, refusal to obey, 780. 

Removals, etc., at expense of owner, 781. 


/ 




942 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Harbor and Harbor Master— Continued. 

Harbor Master —Continued. 

Stop at south pier limited, penalty, 782. 

Vessel blocking passage, injury to bridge, 783. 

Speed at bridges, forbidden anchorage, 784. 

Sailing vessels to be towed by steam tugs, 785. 

Vessels not to be moved against bridge. 786. 

Discharge of cargo, 787. 

Rules of navigation, 788. 

Befouling stream or waters of harbor, 789. 

Police powers of harbor master and assistants, 790. 

Definition of what constitutes the harbor, 791. 

Plindrance to improvement of harbor, 792. 

Pile driving, encroachment on harbor lines, 793. 

Craft fouled, pay for assistance, 794. 

Penalties for violating either of three last sections, 795. 

Obstruction by lumber raft, 796. 

Engines of steam vessels not to be worked, exception, 797. 

Removal of vessels, tying up, 798. 

Limit of towage, danger signals and speed, 799. 

Repair of wharves and docks, 800. 

Bridges, control of by harbor master, 801. 

Dock construction and repairs, 802. 

(Statutes.) 

Power of city council to deepen, widen, etc., channels of harbor, 2225, cl. 30. 

1 ower of city council to construct and repair canals and slips, 2225, cl. 31. 
Power of city council to construct and repair wharves and docks, 2223 
cl. 32. 

Power of city council to regulate and control use of docks, etc., 2225, cl. 33 
Power of city council to regulate anchorage and cargo landings, 2225’, cl 34. 
Power of city council to license and regulate boats used in, 2225, cl. 35. . 

Power of city council to fix rate of wharfage and dockage, 2225, cl. 36. 

I ower of city council to collect wharfage and dockage, 2225, cl. 37. 

I ower of city council to regulate use of, towing vessels, etc., 2225, cl 38 

i ower of city council to appoint and define duties of harbor master ^23 

cl. 39. ’ 

Hat. 

See Theater Hat. 

Hawkers. 

See Peddlers. 

Power of city council to license, tax, suppress, etc. 999 ^ Q 1 AT 

Hay. ' 4 • 

Deposit of, in prohibited places, 666. 

Hay scales, city weighers, 1241. 

Weigher’s duty, fees, 1242. 

Sold at stands, 1243. 

Offices of city weighers, 1244. 

Sold at markets only, 1245. 

Baled hay, sale of, weigher’s certificate, 1246. 

Exhibit certificate, 1247. 

Reweighing, 1248. 

Penalties, 1249. 

Hay market established, i2=;c. 






INDEX TO REVISED CODE. 


943 


References are to sections. For index to Special Ordinances, see Vol. II. 


Hay —Continued. 

(.Statutes.) 

Power of city council to inspect and weigh, 2225, cl. 54. 

Health. 

Department of health created, 803. 

Commissioner. 

Head of department, term, 804. 

Appointment, 805. 

Bond, 806. 

Control and supervision, 807. 

Assistants and employes, including an assistant commissioner, 808. 
Advise mayor in case of contagious diseases, 809. 

Duties and powers of commissioner, 810. 

Records and books, 811. 

Examination in case of contagious disease, 812. 

Post notices where contagious disease exists, 813. 

City hospital, have charge of, 814. 

Epidemics, regulations concerning, 815. 

Vaccination, refusal, 816. 

Disinfection of premises, 817. 

Quarantine, 818. 

Weekly visitations in poor districts, 819. 

Vaccine virus, 820. 

Annual report and estimates, 821. 

Contracts to be in name of city of Chicago, 822. 

Assistant Commissioner and other Employes. 

Assistant commissioner, 823. 

Duties of employes, 824. 

City Physician. 

Office created, 825. 

Ex-officio member of department, 826. 

Appointment, 827. 

Bond, 828. 

Duties of city physician, 829. 

City hospital, attendance at, 830. 

Sanitary condition of city, report on, 831. 

Inspection of infected cars, vessels, etc., 832. 

Ambulances and Physicians. 

Right of way of ambulances, etc., of city and regular hospitals, 833. 
Right of way of physicians having permit, 833. 

Physician’s badge and certificate, 833-4. 

Births and Deaths. 

Duty of physicians and others, 835. 

Registration of births and deaths, 836. 

Burial of the Dead. 

Inspectors of burials, etc., 837. 

Penalty for neglect, 838. 

Body, Human. 

Exposure of dead body, 839. 

Discovery of dead body, 840. 




944 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. 


Health —Continued. 

Butterine. 

Sales prohibited, 841. 

Branded with appropriate name, 842. 

Inspector, appointment, 843 - 
Penalty, 844. 

Building Regulations. 

Plumbing, inspection of, 845. 

Construction, etc., of buildings, 846. 

Ventilation and light, 847. 

Roofs, 848. 

Condemned buildings, 849. 

School and church ventilation, 850. 

Water closets, 851. 

Number of closets, 852. 

Connection with sewers, 853. 

Construction of closets, 854. 

Sewer gas, 855. 

Sewer connections with drain and soil pipes, 856. 

Sewer flushing, 857. 

Sewer construction and repair, 858. 

Penalty, 859. 

Commissioner to demolish unsanitary buildings, 2124-6 

Contagious Diseases and Infected Articles. 

Physician’s report, 860. 

Death from such disease, 861. 

Hotel keeper to report, 862. ‘ 

Institutions to report, 863. 

Masters of vessels to report, 864. 

Duty of all persons to report, 865. 

Boarding house keeper to report, 866. 

Master of vessel or physician on board same to report, 867-8. 
Infected articles, 869. 

Removal of infected person or article, 870. 

Articles from infected place, 871. 

Removal of sick person from one building to another, etc., 872. 
Infants not to be exposed, 873. 

Penalty for non-compliance with provisions of this article, 874. 
Cigarettes. 

License, application and bond, 875. 

Contents of license, and fee, 876. 

Term of license, 877. 

Revocation of license, 878. 

Posting of license, 879. 

Failure to post license, 880. 

Inspection of places where sold, 881. 

Sale without license, 882. 

Sale of adulterated cigarettes, 883. 

Dead Animals. 

Removal, power to advertise for, 884. 

Authority to contract for removal of for five vears, 88^. 

Bond of contractor, 886. 









INDEX TO REVISED CODE. 


945 


References are to sections. For index to Special Ordinances, see Vol. II. 


Health —Continued. 

Garbage, Ashes and Refuse. 

Removal of garbage, 887. 

Water tight and covered vessels, 888. 

Metal receptacles, district in which they must be kept, 889. 

Position of vessel or receptacle, 890. 

Garbage, etc., to be removed by health department only, 891. 

Unlawful to sell garbage, 892. 

Deposit of garbage, when forbidden, 893. 

Scavengers to give notice, 894. 

Construction of garbage vehicles, 895. 

Vehicles not to create nuisance, 896. 

Vehicles to be covered, 897. 

Vehicles to be disinfected, 898. 

Vehicles not to be overloaded, 899. 

Deposit of manure, etc., 900. 

Deposit of offensive matter, 901. 

Garbage loaded on railroad cars, 902. 

Manure not to be turned, 903. 

Oyster hopse refuse, 904. 

Hotel and house swill, 905. 

Hotel garbage, 906. 

No boat to convey without permit, 907. 

Deposits in lake, street or river, 908. 

Contents of privy, etc., in lake or river, 909. 

Swill in streets, 910. 

Offal in street or river, 911. 

Deposit on vacant ground, 912. 

Penalties, 913. 

Garbage Crematories. 

Location and limit of cost, 914. 

Contracts by commissioner of health for cremating garbage, 915-16. 
Delivery of garbage, 917. 

Hospitals. 

Who may conduct, location of, accommodations and treatment to be 
given, 918. 

License and license fee, 919. 

Definition of “proper accommodations,” 920. 

Report each month to commissioner of health, 921. 

Hospitals must be open to inspection by proper authorities, 922. 
Revocation of license, 922. 

Penalty for wrongfully or unlawfully conducting, 923. 

Definition of hospital, 924. 

[ Horse Flesh. 

Horse defined, 925. 

Slaughtering for food prohibited, 926. 

Selling horse flesh prohibited, 927. ... 

Possession of horse flesh for food prohibited, 920. 

Sausage made of horse flesh prohibited, 929. 

Food composed partly of, prohibited, 930 - 

Aid or assistance in procuring horse flesh prohibited, 931. 

Penalty, 932. 

60 





946 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Health —Continued. 

Milk and Food Division. 

Division established, 933. 

Appointment of superintendent and assistant, 934. 

Duties, 935. 

Assistants and employes, bonds, 936. 

Default of an otficer, penalty, 937. 

Insignia of office and powers, 938. 

Inspection districts, 939. 

Milk vendor’s license and fee, 940. 

Application for license, 941. 

Cleanliness of cans, premises and vehicles, 942. 

Sign on vehicle, 943. 

Resisting inspection, 944. 

Powers of entry, 945. 

Test of samples of milk, etc., 946. 

Chemical and bacteriological laboratory, 947. 

Inspection of food products, ice, water, and drugs, 948. 

Impure or adulterated ice, water or drugs, 949. 

Milk test, 950. 

Cream test, 951. 

Skimmed milk to be sold as such, penalty, 952. 

Offering for sale impure, etc., milk, 953. 

Adulteration or dilution of milk, 954. 

Foreign substance in milk, 955. 

Condensed or evaporated milk, 956. 

Confiscation of impure milk, 957. 

Buttermilk, 958. 

Hotel and boarding house keepers amenable, except, 959. 

Cleanliness of cow stable, 960. 

Sick or diseased cow, 961. 

Parturition of cow, 962. 

Dairy to be free from refuse matter, etc., 963. 

Feeding of slops or refuse to milch cow, 964. 

M °^eys collected under provisions of this article to be paid into treasury, 

Ice. 

Application of dealers, bond, license and license fee, test, 966. 

Sale of impure, 967. 

Duty of commissioner of health, 968. 

Rules as to storage, 969. 

For cooling purposes, 970. 

Signs on vehicles, 971. 

Penalty, 972. 

Meat. 

Destruction of condemned, 973. 

Penalty^°975^ aUg ^ ter * ng an( * san * tary regulations, 974. 

Butchers. 

Rule as to refrigerators, 976. 

Market regulations, 977. 

Inspection of foods, 978. 






INDEX TO REVISED CODE. 


947 


References are to sections. For index to Special Ordinances, see Vol. II. 


Health —Continued. 

Butchers —Continued. 

Offal or refuse, 979. 

Sanitary regulations, 980. 

Cleanliness of markets, 981. 

Penalty, 982. 

Unwholesome Food. 

Condemnation of meat, fish, vegetables or fruit, 983. 

Power of entry, 983. 

Duty of individuals as to unwholesome food, 984. 

Same, confiscation, 985. 

Condition of meat in markets, 986. 

Unwholesome vegetables, ’987. 

Boarding house keepers, etc., not to offer unwholesome food, 988. 
Prohibited meat, fish or fowl, 989. 

Misrepresentation in selling food, 990. 

Cleanliness of market, stall or room, 991. 

Prohibited foods, 992. 

Immature calf, pig or lamb, 993. 

Diseased cattle, 994. 

Penalty as to nine preceding sections, 995. 

Fruits, Berries and Vegetables. 

Packages, contents to be uniform, etc., 996. 

Packages marked, 997. 

Grapes, 998. 

Penalty for violation of three last sections, 999. 

Colored netting for covering, 1000. 

Sales in bulk, 1001. 

Duty of health department, 1002. 

Detection of offenders, 1003. 

Night Scavengers. 

Defined, 1004. 

License, 1005. 

License fee and bond, 1006. 

Removal of night soil, permit, 1007. 

Contents of permit, 1008. 

Report to commissioner of health, 1009. 

Manner of removal, 1010. 

Removal beyond city limits, ion. 

Signs on wagons, 1012. 

Hours of removal, 1013. 

Compensation of scavengers, 1014. 

Notice to owner, when vault is offensive, 1015. 

Abatement of vault, 1016. 

General penalty, 1017. 

Nuisances. 

Duty of commissioner of health, 1018. 

Disposal of decaying animal matter, 1019. 

Acts declared nuisances, 1020. 

Refuse matter in lake, river or street, 1021. 
i Matter decaying on premises, 1022. 

Factory, nauseous or offensive, 1023. 





948 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Health —Continued. 


Nuisances —Continued. 

Premises offensive, 1024. 

Cellar, vault, drain, etc., which may become offensive, 1025. 
Abatement on notice, 1026. 

Summary abatement, 1027. 

Nuisances at common law, 1028. 

Tanneries, etc., permit, 1029. 

Bringing nuisance to city, 1030. 

Duty of commissioner of health ds to foregoing section, I03 T . 


Quarantine. 

Proclamation of, 1032. 

Notice of, 1033. 

Inspectors, 1034. 

Medical attendance, 1035. 

Discharge from detention, 1036. 

Police powers of commissioner of health, 1037. 
Violation of quarantine, 1038. 

Power to enforce regulations, 1039. 

Appointment of physicians, 1040. 

Expenditures, 1041. 

Contagious disease, 1042. 

Quarantine fund, 1043. 

Penal clause, 1044. 

Stations and sites, 1045. 


Smoke. 

Dense smoke a nuisance, 1046. 

Penal clause, 1047. 

Duly of commissioner of health, 1048. 

Statistics. 

Statistical reports, by commissioner of health, 1049. 
Slaughtering and Rendering. 

License, application, fee, 1050. 

Revocation of license, 1051. 

Rendering, etc., district, 1052. 

Offensive odor, 1053. 

1 nspection, right of entry, 1054. 

Slaughtering on streets, 1055. 

Slaughter-house, regulations, 1056. 

New place, permit from council, 1057. 

Rendering, manner of conducting, 10^8. 

Rendering, manufacturing glue, permit from counci 
Special permit for rendering, 1060. 

Deodorizing, 1061. 

Bone boiling, etc., prohibited, 1062. 

Oeneral penalties, 1063. 

Tenement and Lodging Houses. 

Conform to requirements, 1064. 

Construction and use, ventilation, io6s-6 
Height of ceilings, 1067. 

Chimneys, cellars, etc., 1068. 


1059 . 









INDEX TO REVISED CODE. 




References are to sections. For index to Special Ordinances, sec Vol. II. 


Health —Continued. 

Tenement and Lodging Houses— Continued. 
Overcrowding, 1069. 

Water closets, 1070. 

Cleanliness, ventilation, temperature, 1071. 

Cellar, etc., unventilated, 1072. 

Garbage, combustibles, cattle, 1073. 
Whitewashing, 1074. 

Contagious disease, disinfection, 1075. 

Tenement house defined, 1076. 

Lodging house defined, 1077. 

Cellar defined, 1078. 

Penalties, 1079. 

Undertakers. 

License, fee, revocation, 1080. 

Burial permit, 1081. 

Undertaker defined, 1082. 

Vaccination. 

Duty of persons controlling minors, 1083. 
Prerequisite to admission to school, 1084. 

Evidence of vaccination, 1085. 

Inspection of schools, 1086. 

Penalty, 1087. 

Work shops (“ Sweat - Shops ”). 

Defined, 1088. 

Subject to inspection, 1089. 

Unclean, abatement, 1090. 

License required and fee, 1091. 

Issue of license, application, 1092. 

Filing of application, inspection, 1093. 

Revocation of license, 1094. 

Posting of license, 1095. 

Penalty, 1096. 

Ventilation of factories, 1097. 

Cleanliness and freedom from effluvia, 1098. 
Inspection of stores, workshops, etc., 1099. 
Penalty for neglect of last three provisions, nco. 

General Health Regulations. 

Seats for female employes, 1101. 

Animals. 

Stables, cleanliness, infected animal, 1102. 
Permit to yard, 1103. 

Past recovery or dead, disposition, 1104. 

Notice of dead animal, 1105. 

Diseased or sickly animal, 1106. 

Glanders or farcy, 1107. 

Individual not to bury, 1108. 

Diseased or injured on street, 1109. 

Cabbage Plant. 

Uncovered cabbages, 1110. 




950 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II 


Health—Continued. 

Cattle and Swine. 

Yarding, 1126. 

Drinking Water. 

Pollution, 1111. 

Purity, 1112. 

Tampering with drinking hydrant, 1113. 

Privy, Vault, Sink, Cesspool. , 

Garbage or refuse in, 1114. 1 

Not to become offensive, 1115. 

Construction or building of, 1116-17. 

Disinfection before removal, 1118. 

Individuals not to remove contents, 1119 - 
Drawing off contents, 1120. 

Penalties, 1121. 

Location of privy vault, 1122. 

Construction or erection, 1123. . v 1 

Abatement when offensive, 1124. 

Vehicle for removing contents, 1125. 

Gas refuse in river, etc., 1127. 

Foundry refuse, 1128. 

Varnish, etc., factory refuse, 1129. 

Penalties, 1130. 

Refusal to disclose ownership of premises to inspector, 1131. 

Neglect of keeper of jail, etc., 1132. 

Water from roofs, 1133. 

Dust, feathers, etc., sieved or agitated, 1134. 

Street gutters, 1135. 

Offensively saturated ground, 1136. 

Offensive liquids, vessels used, 1137. 

Exposure of matter imperiling health, 1138. 

Misuse of premises by occupant or owner, 1139. 

Hindering removal of filth, 1140. 

Duty of scavengers, 1141. 

Street sweepings, 1142. 

Matters and things detrimental to health, 1143. 

General penalty. 1144. 

Plumber’s license, examination of applicants, 1417. 

/• Department of health to test plumbing work, 1473. 

Notification of plumbing work, 1475. 

Police to enforce all orders of commissioner, 1504. 

Bureau of street and alley cleaning under supervision of department health, 
in removing garbage, etc., 1686. 

(Statutes.) 

Jurisdiction of city council as to, 2207. 

Power of city council to cleanse and purify waters, 2225, cl. 40. 

Power of city council to drain or fill ponds on private property, 2225, cl. 40. 
Power of city council to appoint board of, and prescribe duties, 2225, cl. 76. 
Power of city council to erect hospitals and dispensaries, 2225, cl. 77. 
Power of city council to prescribe health regulations, 2225, cl. 78. 

Power of city council to prohibit offensive business, etc., 2225, cl. 83. 
Power of city council to compel cleansing of nauseous places, 2225, cl. 84. 
Health officer to furnish election commissioners with list of dead, 2665. 







INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Health— Continued. 

Workshops, character of work, number employed, 2868. 

Contagious diseases, 2869. 

Board of health to destroy articles infected, 2870. 

Unlawful to provide for medical inspections of houses of ill-fame, 2912. 
Commissioner to examine plans of tenement houses, 3218. 

Certificate for plumbing in tenement houses, 3219. 

Inspection of plumbing in tenement houses, 3220. 

Heating Street Cars. 

Street railway companies to heat cars, 1718. 

Hearth. 

(Statutes.) 

Power of city council to prevent dangerous construction of, 2225, cl. 63. 

Hemp. 

(Statutes.) 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 

Highways. 

See Streets. 

Hitching Post and Ring, 

To be provided on sidewalk, 1843. 

Size and location of posts, 1916. 

Holiday. 

Election days, 2669. 

Hoops. 

Power of city council to prevent trundling on streets, 2225. cl. 92. 

Horse and Dummy Railroads. 

(Statutes.) 

Power of city council to grant franchise for, 2225, cl. 90. 

Right of eminent domain, 2896. 

Compensation for property taken or damaged, 2897. 

Location of road, consent of corporate authorities, 2898. 

Granted not longer than twenty years, 2898. 

Public notice to be given, 2898. 

Control of streets reserved, police power over, 2899. 

Horse Flesh. 

See Health. 

Horses. 

See Animals ; Pounds. 

Not to be kept in tenement house, 1073. 

Diseased or sickly, not to be brought in, 1106. 

Sick with glanders or farcy, 1107. w 

Speed regulated, 1259. 

At intersections and corners, 1260. 

When issuing from alley, 1261. 

Not permitted to go loose on street, 1262. 

Driving on sidewalks, 1263. 

Racing, 1264. 

Auction sale on street, 1265. 

Sleigh, cutter, bells on either vehicle or animal, 1266. 




952 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Horses— Continued. 

Speed at bridges, 1267. 

Allowing to go unfastened, 1268. 

Driving through tunnels, 1269-70. 

Indecent exposure of, 1299. 

Not to be turned into parks, 1374. 

Hitching to lamp-post, 1695. 

Hitching so as to obstruct sidewalk, 1842. 

Hitching ring to be provided, 1843. 

Driving on sidewalk, 1844. 

Cross-walks, not to obstruct, 1845. 

Prohibited uses, 1846. 

On sidewalks, 1847. 

Sales on streets prohibited, 1875. 

(Statutes.) 

Power of city council to prevent running at large, 2225, cl. 80. 

at 

Horse Railways. 

See Railways. 


Horse Troughs. 

(Statutes.) 

Power of city council to regulate, 2225, cl. 17. 

Hospitals, 

Location of, consent, permit, 265. 

Permit, location, treatment, 918. 

Inquiry, license, fee, construction, 919. 

Accommodations for patients, 920. 

Monthly report, 921. 

Inspection, revocation of license, 922. 

Penalty, 923. 

Hospital defined, 924. 

Water rates not charged to Cook county, 1990. 

(Statutes.) 

Power of city council to establish and regulate, 2225, cl. 77. 
Inmates of, not legal voters, 2632. 

City may contribute to non-sectarian hospital, 2900. 

Public hospitals in cities of over 100,000 inhabitants, 2901. 
lax for hospital fund, 2901. 

How established, election, notice, tax, 2902. 

Board of directors, how appointed, 2903. 

Term of office, removal, 2904. 

Vacancies, how filled, 2905. 

Organization and power of board, 2906 
Monthly reports to city council, 2906. 

For whose benefit established, 2907. 

Duty of directors, annual report to city council, 2908. 

Rules and regulations, 2909. 

Donations, may vest title, 2910. 

Physicians, privileges of, 2911. 

Hospital Fund. 

See Hospitals. 




INDEX TO REVISED CODE. 


953 


References are to sections. For index to Special Ordinances, see Vol. II. 


Hotel. 

Keeper to report persons having contagious disease, 862. 
Keeper’s liability under runner’s and porter’s license, 1770. 

Limit of porters and runners, 1770. 

(Statutes.) 

Doors to open outward, penalty, 2447. 

Power of city authorities to enforce act, 2449. 

House. 

See Buildings. 

Numbering of, 1857-65. 

(Statutes.) 

Power of city council to regulate numbering of, 2225, cl. 22. 
Telegraph wires, etc., attached to gives no prescriptive right, 3216. 

House Mover. 

To take out license, 270. 

License, permit, fees, 270. 

Revocation of permit, 271. 

Delay in moving building, penalty, 1885. 

Signal lights, 1894. 

House of Correction. 

Record of prisoners kept by comptroller, 30. 

Comptroller to notify superintendent of payment of fines, 59. 

Fines paid to city treasurer, discharge, 59. 

Buildings, enclosures and site, 1145. 

Superintendent to control, 1146. 

Duties, ten hours a day’s work, 1147. 

Daily credit to prisoners for labor, 1148. 

County prisoners, 1149- 

Violations of rules by inmates, 1150. 

Molestation of superintendent, 1151. 

Mittimus with prisoner, 1152. 

Release of prisoner, 1153. 

Superintendent’s quarterly report, 1154. 

Board of inspectors to make rules, 1155 - 
Report of county prisoners, 1156. 

Prisoners from other counties, 1157 - 
Medical attendance, 1158. 

Payment of fines, H59- 
(Statutes.) 

Power of city council to erect houses of correction, etc., 2225, cl. 69. 
Persons fined may be committed to, 2231. 

City may establish, 2914. 

Inspectors, appointment, term of office, 2915. 

Rules, employes, appropriations, 2916. 

Compensation and duties of inspectors, records, 2917. 

Books to be kept, quarterly statements to comptroller, 2918. 

City council may require further reports, 2919. 

Removal of officers, 2919. 

Duties of superintendent, appointment, term, 2920. 

Deputy superintendent, 2920. 

County may use house of correction, 2921. 

Commitment from county, 2922. 




9o4 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


House of Correction— Continued. 

Conveying prisoner to, fees, 2923. 

Application of other laws, 2924. 

House of shelter for females, 2925. 

Expenses for county prisoners, 2926. 

United States convicts, 2927. 

“Bridewell” changed to “House of Correction,” 2928. 

Salary of superintendent of house of correction, 2929. 

Record of conduct of prisoners, 2929. 

Oath of inspectors and superintendent, 2930. 

Bond of inspectors and superintendent, 2930. 

Ten hours’ labor and fifty cents credit per day, 2980. 

House of Ill Fame. 

See Misdemeanors. 

Keeping or maintaining prohibited, 1288. 

Visiting prohibited, 1289. 

Definition, 1290-1. 

(Statutes.) 

Power of city council to suppress, 2225, cl. 45. 

Power of city council to restrain and punish prostitutes, 2225, cl. 74. 
Licensing and medical inspection forbidden, 2912. 

Emergency clause, 2913. 

House of Prostitution. 

See House of III Fame. 

House of Shelter. 

See House of Correction. 

House of the Good Shepherd. 

(Statutes.) 

Providing for proportion of fines to be set aside for, 2456-9. 

Human Body. 

See Health. 

Humane Society. 

See Illinois Humane Society. 

Hydrants. 

See Water Works—Fire Hydrants. 

Interfering with drinking hydrant, 1113. 

Obstructing passage of water through, 1320 
(Statutes.) 

Power of city council to regulate construction, repair, etc., 2225, cl. 57. 


I 


Ice stoiage house, construction, walls, roof 371 
License, fee, bond, test, 966. 

Impure ice, 967. 

Duty of commissioner of health, 968. 






INDEX TO REVISED CODE. 


955 


References are to sections. For index to Special Ordinances, see Vol. II. 


Ice— Continued. 

Rules and regulations by commissioner, 969. 

Ice used for cooling purposes only, 970. 

Vehicles to be marked, 971. 

Penalty for violations, 972. 

Ill Governed or Disorderly Houses. 

See Misdemeanors. 

Illinois, State of. 

(Statutes.) 

Exemption from taxation, 3091. 

Illinois Humane Society. 

Fines imposed by it to be paid over, 47. 

Application for special police, 1536. 

Duties and powers of special police, 1537. 

Compensation of special police, 1538. 

Illinois and Michigan Canal. 

(Statutes.) 

Powers of sanitary district as to, 2573. 

Removal of dams of, 2579. 

Illinois River. 

See Drainage and Sewerage. 

(Statutes.) 

Removal of obstructions in, for drainage channel, 2579. 
Improvement of, as part of drainage channel, navigation, 2580. 

Immoral Exhibitions. 

Prohibited, 1296. 

Improvements. 

See Special Assessments. 

(Statutes.) 

By general tax, added cost, 2294. 

Ordinance for, 2297. 

Payment for work done, voucher, 2340. 

Incorporations. 

(Statutes.) 

How cities may be incorporated under general law, 2159. 
Notice of election for, 2160. 

Form of ballot for, result recorded, 2161. 

How villages may become cities, 2162. 

Contiguous territory organized as city, 2163. 

Courts to take judicial notice of city, 2164. 

Name of newly incorporated city, powers, 2168. 

Result of election to be recorded, 2171. 

Indecency, 

Indecent literature, immoral exhibitions, 1296. 

Indecent exposure, 1297. 

Indecent, lewd and filthy acts, 1298. 

Indecent exhibitions of animals. 1299. 

Indecent language in parks, 1377. 










956 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Indictment. 

(Constitution.) 

Prerequisite of penitentiary offense, 2127. 

Infamous Crime. 

(Constitution.) 

Conviction of, disqualification for office, 2131. 

Infant. 

See Children; Misdemeanors. 

(Statutes.) 

To provide guardian ad litem in special assessment cas^, 2291. 

Infectious Disease. 

See Contagions Diseases. 

Infected Articles. 

See Health (Contagious Diseases .) 

Inn. 

See Hotel. 

Insane Person. 

(Statutes.) 

Power of city council to prohibit sale of liquors to, 2225, cl. 48. 
To provide guardian ad litem in special assessment cases, 2291. 
Endorsement of improvement bonds for, 2544. 

Inspection. 

Butterine, 843. 

Cigarettes, 881. 

Drains and sewers, 561. 

Druggist’s record of liquor sold, S77. 

Electric lights, 591. 

Fish, 683. 

Food products, ice, water, drugs,* etc., 948. 

Foods, 978, 983. 

Fruit, berries and vegetables, 1002. 

Gas meters, 723. 

Hospitals, 922. 

Ice, places where gathered, 968. 

Junk dealers’ records, .1799. 

Milk districts, 939. 

Milk, 944. 

Pawnbrokers’ records, 1394. 

Plumbing, commissioner of health to cause, 845. 

Poor districts, commissioner of health to cause, 819. 

Schools, as to vaccination, 1086. 

Second hand dealer’s record, 1786. 

Slaughtering, premises, etc., 1054. 

Steam boilers, 1940. 

Stores, workshops, etc., 1089-99. 

Theaters, fire extinguishing apparatus, 412. 

Weigher’s (city) records, 2035. 

(Statutes.) 

Workshops to be inspected, 2868-7- 
Oils, 2975. 


I 




INDEX TO REVISED CODE. 


957 


References are to sections. For index to Special Ordinances, see Vol. II. 


Inspector. 

Buildings : See Buildings. 

Burial : See Health. 

Butterine. 

Consent of city council not necessary, 843. 

Elevators : See Buildings. 

Factories : 

(Statutes.) 

Appointed by governor, 2876. 

Fire: See Fire. 

Fire Escapes: See Buildings. 

Fish: See Fish. 

Gas Meters : See Gas. 

House of Correction: See House of Correction. 

Oils: See Oils. 

(Statutes.) 

Appointment of, term, duties, 2972. 

Steam Boilers : See Steam Boilers. 

Vehicles: See Coaches , Cabs and Carts. 

Weights and Measures: See Weights and Measures. 

Insurance Broker. 

See Brokers. 

Insurance Companies. 

See Foreign Fire Insurance Companies. 

Interest on Public Funds. 

(Statutes.) 

Public officers to account for interest on public funds, 2931. 

Oath of, 2931. 

Intoxicated Person. 

Habitual drinkers, notice, 1186. 

Minor when intoxicated prohibited from purchasing liquor, 1276. 
(Statutes.) 

Power of city council to prohibit sale of liquor to, 2225, cl. 4 °* 

Intoxication. 

(Statutes.) 

Power of city council to prevent, 2225, cl. 59. 

Itinerant Merchants. 

See Peddlers. 

(Statutes.) 

Power of city council to license and regulate, 2225a. 

Itinerant Musicians. 

Prohibited from playing on streets, 1286. 







958 


INDEX TO REVISED CODE 


References are to sections. For index to Special Ordinances, see Vol. II. 



Jail. 

Non-exposure of inmate to disease, 1132. 

(Statutes.) 

Power of city council £0 use county, 2225, cl. 70. 

Journal. 

See Official Newspaper. 

Judgment. 

interest payable semi-annually, 43. 

(Statutes.) 

Mayor may, under sanction, borrow money to pay, etc., 2253. 

Special assessment judgment, 2288. 

Condemnation of land for improvement, effect, appeal, etc., 2292. 
Default in matter of special assessments, judgment by, 2307. 
Judgment several, appeal, etc., in matter of special assessment, 2311. 
Judgment certified to city clerk, filing, warrant, 2312. 

Application for, in matter of special assessment, what laws govern, 2317. 

Judicial Cognizance. 

Taken of organization of cities, 2164. 

Of territorial change of city, etc., 2391. 

Of formation of sanitary districts, 2558. 

Judicial Powers. 

(Statutes.) 

Where vested, 2138. 

Junk Dealers. 

See Second-Hand Dealers and Keepers of Junk Shops. 

License, fee, 1789. 

License for wagons, 1790. 

. License for boats, 1791. 

Bond, 1792. 

Doing business without license prohibited, 179^. 

Vehicle marked, 1794. 

Dealing in certain articles prohibited, 1795. 

Purchase of lead material, 1796. 

Other licenses not issued to dealer, 1797. 

Registry of purchases, 1798. 

Inspection of registry, 1799. 

Penalty, 1800. 

Contents of license, 1801. 

Expiration of license, 1802. 

License revocable, 1803. 

Removal of place of business, 1804. 

Purchase from minors prohibited, 1805. 

Hours of business, 1806. 

Dealing in metal bottle stoppers prohibited, 1807. 

Purchase of tools prohibited, 1808. 

Articles purchased, held ten davs before sale. 1809 
Advertisement of lost articles, notice to police, 1810. 




INDEX TO REVISED CODE. 


959 


References are to sections. For index to Special Ordinances, see Vol. II. 


Junk Dealers— Continued. 

Dealer to expose lost goods, 1811. 

Inspection of dealers, 1812. 

Penal clause, 1813. 

(Statutes.) 

Power of city council to tax, license and regulate, 2225, cl. 95. 

One-fourth of license fees of, to go to police fund, 3078. 

Jurisdiction. 

(Constitution.) 

Of justice of the peace, special law prohibited, 2133. 

Of police magistrate, special law prohibited, 2133. 

Of police magistrates to be uniform, 2133. 

(Statutes.) 

Of city council as to health matters, 2207. 

Power of city council to suppress disorderly houses, etc., 2225, cl. 45. 

Of justices for violations of act of 1872 and ordinances, 2232. 

Of city government, 2234. 

Of police in serving process, 2246. 

Of city over property outside its limits acquired for water works, 2347. 
Of cities to enforce liquor laws, extends two miles from limits, 2932. 

Of cities to enforce ordinances as to gaming, etc., on boats, 2932. 

Of cities incorporated in different counties, 2933. 

Suits affecting land to be brought in county where land is situated, 2934. 

Police Jurisdiction. 

What shall be a police district, 2935. 

Police to go to any part of district, 2936. 

Jury. 

(Statutes.) 

May hear special assessment cases, 2285. 

Jury to ascertain compensation, etc., 2286. 

May view premises, 2287. 

May ascertain just compensation as to new parties, 2288. 

Ownership, further powers of court, jury to ascertain entire compensation, 
2290. 

Where city, etc., is party in interest, inhabitants competent as jurors, 2351. 
Judges and clerks of election, exempted from serving on, 2658. 

Eminent domain, jury to ascertain compensation, 2841. 

Separate lands, same or different juries, 2845. 

Jury in vacation, 2846. 

Impaneling jury, 2847. 

Oath of jury, 2848. 

View of premises, verdict, 2849. 

Justices of the Peace. 

See Police. 

(Constitution.) 

Appointment in and for Chicago, jurisdiction, 2140. 

Term of, and removal, 2140. 

May be removed for extortion, 2140. 

(Statutes.) 

To assist in canvassing vote of election to organize city, 2163. 
Jurisdiction of in cases arising under ordinances, 2232. 

Provision as to, and jurisdiction in, annexed territory, 2409. 





960 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


K 

Kite Flying. • 

Flying in street or public place prohibited, 1328. 
(Statutes.) 

Power of city council to prevent, on streets, 2225, cl. 92. 


L 


Labor. 

See Employment. 

Lake Michigan. 

Part of harbor, 791. 

No garbage, dung, offal or unwholesome substance to be placed in, 908. 
Nor contents of privy, 909. 

Distiller, tanner, brewe-, butcher, etc., not to allow refuse to be placed 
in, 1021. 

(Statutes.) 

Jurisdiction of city over, 2234. 

Lamb. 

Immature, not to be held or offered for sale, 993. 

Lamps and Lamp-Posts. 

Lamps on bicycles at night, 149. 

Lamps in barns, etc, 660. 

Department of public works in ontrol, 1689. 

Postoffice boxes on, 1690. 

Penalty for extinguishing lights, 1691. 

Injury to lamps, 1692. 

Removal of lamps, 1693-4. 

Hitching to lamp-posts, 1695. 

Names of streets to be placed on, 1866. 

Erection of, opposite place of business, size and location, 1911. 

Owner to pay for gas consumed, 1912. 

Pleretofore erected and used as signs, 1913. 

Signs on street lamps, injury to, penalty, 1914. 

(Statutes.) 

Power of city council to erect and regulate, 2225 cl. 47. 

Landing Places. 

(Statutes.) 

Power of city council to construct and regulate use, 2225, cl. 32 33 
Power of city council to collect dockage from boats at, 2225,' cl. 37. 

Landings and Levees. 

(Statutes.) 

Protection of against overflow, 2525-37. 




INDEX TO REVISED CODE. 


961 


References are to sections. For index to Special Ordinances, see Vol. II. 


Lard. 

(Statutes.) 

Power of city council to regulate the sale of, 2225, cl. 50. 

Power of city council to provide for inspection of, 2225, cl. 53. 

Law. 

Department created, how composed, 73. 

Assist comptroller in checking police court reports, 1561. 

Duty of police to report accidents on sidewalks to, 1854. 

Lease. 

Of city property, appointment of appraisers, 31. 

Lecture Rooms. 

(Statutes.) 

Doors of exit or egress to open outward, 2447. 

Penalty, 2448. 

When lecture rooms may be closed, 2449. 

Legal Day’s Work. 

(Statutes.) 

See Eight Hour Law ; Employment. 

Legislation. 

(Constitution.) 

Special or local legislation prohibited, 2133. 

Levees. 

See Landings and Levees. 

Lewdness. 

See Indecency ; Obscenity. 

Acts of in public prohibited, 1298. 

Library. 

Free library established, 1160. 

Site, building, memorial hall, 1161. 

Injury to books, 1162. 

Injury to furniture, grounds, etc., 1163. 

Failure to return books, 1164. 

(Statutes.) 

Establishment by city, tax, fund, 2938. 

Directors, how appointed, 2939. 

Term of office, removal, 2940. 

Vacancies, compensation, 2941. 

Organization, powers of directors, library fund, 2942. 

Rules and regulations, who may use library, 2943. 

Annual report to city council, verified by affidavit, 2944. 

Power of city council to pass penal ordinances for injury to library or 

property, 2945. ' 

Donations, money or real estate, title to vest, 294c. 

Powers of villages, towns and townships, 2947. 

Directors in villages, 2948. 

Emergency clause, 2949. 

Erection of buildings, plans, cost, 2950. 

Duty of board, erection of buildings, investment of funds, 2951. 

How contract to be let, 2952. 

61 







962 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Library— Co n t i n u e d. 

May rent portion, borrow money, tax levy, 2953. 

Library associations may sell to public libraries, 2954. 

Sale and transfer of real estate, 2954. 

Vote, manner of making conveyance, 2955. 

Soldiers’ Memorial Hall. 

Erect hall building on Dearborn Park, 2956. 

Under control of managers of Soldiers’ Home, 2957. 
Not to be rented for pecuniary profit, 2957. 

To be a public hall, etc., 2958. 

Chicago Public Library may use, 2959. 

Chicago Public Library. 

May erect library on Dearborn Park, 2960. 

To purchase interest of Soldiers’ Home, 2960. 
Soldiers’ Home may sell, 2961. 

Free Public Libraries. 

Trustees may form corporation to establish, 2962. 
Corporation, how formed, 2963. 

Perfecting organizations, corporate purposes, 2964. 
Powers of corporation, who members, taxation, 2965. 
Annual report to governor, 2965. 

License. 

See City Council; Railroads. 

Amusement, 100-103. 

First class, 104. 

Second class, 105. 

Third class, 106. 

Auctioneer’s, 123-36. 

Baker’s, permit required, fee, 189. 

Bath house, manicure, massage, etc., 140-3. 

Bill posters, 163-5. 

Billiard and pool tables, etc., 159-61. 

Boats, 177-81. 

Boiler and water tender, 1926. 

Brewer’s and distiller’s, 1189-91. 

Broker’s, 213. 

Butcher’s, 1230-2. 

Carousell, conditions, 114. 

Cigarettes, 875-80. 

City weigher’s, 2026. 

Coaches, cabs, carts, 478, 482, 486. 

Dog license, fee, 548. 

Drain layer’s, 561-2. 

Drivers of coaches, cabs, etc., terms of issue, bond, 476. 
Drivers license, duty of owner, 485. 

Driver not to act as runner without license, ^42 
Druggist’s, 575-6. 54 ' 

Engineer of steam boilers, examination, 1925. 

Hospitals, license, fee, construction of, 919. 

Housemover’s, permit for, 270. 

Ice dealer’s. 966. 

Junk dealer’s, 1789-91. 

Liquor, wholesale malt, 1194-6. 




INDEX TO REVISED CODE. 


963 


References are to sections. For index to Special Ordinances, see Vol. II. 


License —Continued. 

Liquor, wholesale spirituous, 1202-5. 

Liquor, wholesale vinous, 1208-11. 

Liquor, sale of by druggist, 576. 

Liquor, saloon, 1175-8. 

Lumber dealer’s, 1214-16. 

Meat vendor’s, 1230. 

Milk vendor’s, 940-1. 

Night scavenger’s, 1004-6. 

Pawnbroker’s, 1388-90, 1403. 

Peddler’s, 1407, 1412-14. 

Plumber’s, 1415-19. 

Produce vendor’s, 1239-40. 

Public cartman not to do business after revocation, 518. 

Runner’s and porter’s, 1769. 

Saloons, 1175-8. 

Second-hand dealer’s, 1180-8. 

Scavenger’s, 1004-6. 

Slaughtering and rendering, 1050-1. 

Soap factory, 1919-22. 

Steam boats, 177-8. 

Sail and row boats, 180-1. 

Street sprinkler, bond, 1982. 

Tannery, 1960-3. 

Theater license, revocation for violation of building ordinance, 462. 
Undertaker’s, 1080. 

Vehicle, owner’s license, 482. 

Weigher’s (city), 2026. 

Wholesale malt liquor dealer’s, 1194-6. 

Wholesale spirituous liquor dealer’s, 1202-5. 

Wholesale vinous.liquor dealer’s, 1208-11. 

Workshops (sweat-shops), 1091-6. 

Issuance and revocation, 2. 

Attested by city clerk, 13. 

Free badges and plates, 16. 

One per cent, saloon licenses credited to relief fund, 46. 
Classification of amusement licenses, 99. 

City clerk to issue, 102. 

Mayor to classify amusements, 103. 

Minor not to be licensed as driver, 511. 

Mayor to grant, 1165. 

How issued, 1166. 

Subject to ordinances, 1167. 

Assignment prohibited, exception, 1168. 

Term of, 1169. 

Mayor’s discretion, when, 1170. 

Collector’s receipt, license in force only from issuance, 1171- 
Non-payment of fee, fine, etc., revocation, 1172. 

Transfer of license, bond, 1173- 
Rebate as to saloon licenses, 1174- 

Parks, commissioner of public works to license sales m, 1376- 

(Statutes.) . 

Power of city council to issue and revoke, fix term, etc., 2225. cl. 4. 
Power of city council to license tug boats and other boats, 2225, cl. 35- 










964 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


License— Continued. 

Power of city council to license peddlers, hawkers, pawnbrokers, amuse- 
• ments, etc., 2225, cl. 41. 

Power of city council to license hackmen, draymen, cabmen, porters, ex¬ 
pressmen, etc., 2225, cl. 42. 

Power of city council to license runners for stages, cars, public houses, 
etc., 2225, cl. 43. 

Power of city council to license billiard, pin alleys, ball alleys, etc., 2225, 
■cl 44 - 

Power of city council to license selling or giving away liquor, etc., 2225, 
cl. 46. 

Power of city council to license auctioneer’s, distiller’s, broker’s, etc., 
2225, cl. 91. 

Power of city council to license second hand and junk dealer’s, 2225, cl. 95. 
Power of city council to license itinerant merchant’s, etc, 2225a. 

Fees for to be paid to treasurer, 2230. 

Spirituous and malt liquors, 2601. 

County board not to grant liquor license in city, 2602. 

For malt liquor only, penalty for selling other liquors, 2603. 

Ferries and bridges, 2887. 

Farmer may sell products without, 2966. 

Portion of license fees set apart for relief fund, 3052. 

One per cent, of all license fees set apart for firemen’s fund, 3o6r. 
Diminishing rate from licenses, 3066. 

Portion of licenses set apart for police pension fund, 3078. 

Tax on net receipts of insurance companies in lieu, 3153. 

Foreign fire insurance companies to pay license fees, 3154. 

Liens and Mechanics’ Liens. 

(Statutes.) 

Judgment confirming special assessment, 2311. 

New assessment, charge upon property, 2325. 

Special assessment levied by city, 2328. 

Lien on levee or dyke, contractor, laborer, 2530. 

How lien enforced, 2531. 

Bonds issued by drainage district, 2541. 

Mechanics’ liens on money, bonds, or warrants due contractors for public 
improvements, 2967. 

Duty of city officials relative to, 2967. 

Penalty for violation of act relative to, 2967. 

Of water rates, etc., enforcement by city council, 3233. 

Lights. 

See Electric Lights ; Gas. 

Velocipedes, bicycles, etc., to carry at night, 149. 

Vessel signals on bridges prescribed, 205. 

Theaters, etc., prescribing lighting of, 429-32. 

Use of street in building, etc., signal lights, 459. 1 

Lamps on coaches, etc., 484. 

Lamps on omnibus, 528. 

Street lighting to be paid for by special assessment, 599. 

Lamps in barns prohibited, when, C60. ; 

Navigation, regulation as to lights, 788. 

Scavenger wagons to display at night, 1012. 

Public lamps, penalty for extinguishing, 1691. 






INDEX TO REVISED CODE. 


965 


References are to sections. For index to Special Ordinances, see Vol. II. 


Lights —Continued. 

On street railway cars, 1712. 

On locomotive engines, railroad cars, etc., 1730. 

Steam and street railway companies to provide, when, 1756. 
Penalty for non-compliance, 1757. 

Elevated roads, lights underneath, 1763. 

Penalty for non-compliance, 1764. 

Signal lights on building material, 1894. 

Illuminated clocks, 1915. 

(Statutes.) 

Authority to levy taxes for lighting streets, 3158. 

Limits. 

Limits, fire, 669. 

Limits, pound, 1574. 

Liquor. 

One-fourth of fines to be credited to police and firemen's fund, 46. 
One per cent, of saloon licenses credited to same fund. 46. 

Concert in saloons, permit for, no. 

Sale of, at public entertainments, special permit, 116. 

Sale of, by druggist without permit prohibited, 575. 

Fee for permit, 576. 

Record of sale, inspection, 577. 

Neglect to record, penalty, 578. 

Saloonkeeper not to sell poisonous liquids, 988. 

Rebate on saloon licenses, 1174. 

Saloons. 

License, application, bond, 1175 - 
Contents of application, 1176. 

Fee, 1177. 

Periods of payment, 1178. 

Ill-governed places, 1179 - 
Revocation of license, 1180. 

License to be posted, refusal, 1181. 

Unlicensed sales, penalty, 1182. 

Sale of liquors other than malt, 1183. ! 

Place of sale limited, 1184. 

Hours of sale, 1185. 

Habitual drinkers, notice, 1186. 

Minors, sale to, 1187. 

Annexed territory, issue of licenses in, 1188. 

Prohibition districts, 2038-68. 

Local option districts, 2069-88. 

Brewers and Distillers. 

License, definition, weiss beer excepted, 1189. 

Application, bond, 1190. 

Fee, 1191. 

Vehicles marked, 1192. 

Penalty, 1193 - 

Wholesale Malt Liquor Dealers. 

License for grocers and bottlers, 1194 - 
Application, bond, 1195 - 
Fees, 1196. 




666 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Liquor —Continued. 

Wholesale Malt Liquor Dealers—C ontinued. 

Bottling liquor, 1197. 

Power of entry, sanitary condition, 119S. 

Notice of change of location, 1199. 

Vehicles marked, 1200. 

Penalty, 1201. 

Wholesale Spirituous Liquor Dealers. 

License, 1202. 

Application, bond, 1203. 

Fee, 1204. 

Notice of change of location, 1205. 

Vehicles marked, 1206. 

Penalty, 1207. 

Wholesale Vinous Liquor Dealers. 

License, 1208. 

Application, bond, 1209. 

Fee, 1210. 

Notice of change of location, 1211. 

Vehicles marked, 1212. 

Penalty, 1213. 

Sale to minor in habit of becoming intoxicated, etc., 1276. 

Minor gaming in saloon, 1277. 

Minor, false representation, 1278. 

(Statutes.) 

Power of city council to license and regulate sale of liquor, 2225, cl. 46. 
Power of city council may grant permit to druggists to sell, 2225, cl. 46. 
Power of city council, subject to charters issued, 2225, cl. 47. 

Power of city council to prohibit sale of to minors, drunkards, etc., 2225, 
cl. 48. 

Saloons. 

Dramshops in annexed territory, petition, submission of question, 2411. 
‘‘Dram shop’' defined, 2585. 

Selling liquor without license, penalty, 2586. 

How license may be granted, 2587. 

Form of license, rights under may be revoked, 2588. 

Bond, $3,000, sureties, suit on, 2589. 

Selling or giving to minor or drunkard, 2590. 

Buying or procuring for minor, 2591. 

Places where sold illegally, nuisances, penalty, 2592. 

Liability for support, etc., 2593. 

Suit for damages by husband, wife or child, etc., 2594. 

Forfeiture of lease, etc., 2594. 

What liable to execution, proceedings to enforce, 2595. 

When suit may be before justice, 2596. 

Indictment or fine, 2597. 

Evasion of law by shifts, 2598. » 

Evidence, 2599. 

City ordinance no defense, 2600. 

License to sell, grant of, 2601. 

At a rate not less than $500, 2601. 

Malt liquor license, 2601. 1 

Druggists and pharmacists, 2601. 

How license may be granted by county board, 2602. 









INDEX TO REVISED CODE. 


907 


References are to sections. For index to Special Ordinances, see Vol. II. 


Liquor— Continued. 

Saloons —Continued. 

Compliance with former act, 2602. 

License to sell malt liquor, penalty for selling other, 2603. 
Bringing into place of election or registration, penalty, 2663, 2750. 
Liquor ordinance enforced as to boat within two miles of city limits. 

2932. 

Two per cent, from licenses to go to police pension fund, 3078. 

Literature. 

Relating to diseases, 1294-5. 

Indecent, 1296. 

Livery Stable. 

Location of, consent, permit, 266. 

Use of lights in, 660. 

Shipping manure on railroad cars, 902. 

Manure vault, when emptied, 903. 

Discharge of nauseous matter in lake or river, 1021. 

Nauseous or offensive, 1023. 

Cleanliness of, 1102. 

Infected animal not allowed in, 1102. 

(Statutes.) 

Power of city council to regulate lights in, 2225, cl. 65. 

Power of city council to locate and regulate, 2225, cl. 82. 

Power of city council to compel owner to cleanse, 2225, cl. 84. 

Power of city council to license, 2225, cl. 91. 

Loan Office. 

See Pawnbroker. 

Local Improvements. 

See Special Assessments. 

Local Option Districts. 

Ordinances defining various, 2069-88. 

Locomotive Engines. 

See Railways. 

Lodging House. 

See Tenement and Lodging Houses. 

Not to sell poisonous food or drink, 988. 

To conform to requirements of ordinance, 1064. 

Construction and use, ventilation, 1065. 

Ventilation of, 1066. 

Height of ceilings, windows, 1067. 

Adequate chimneys, cellar floors cemented, 1068. 

Overcrowding prohibited, 1069. 

Adequate water closets, gases, 1070. 

Cleanliness, ventilation, temperature, 1071. 

Cellar or place unventilated, 1072. 

Garbage receptacles, combustibles, 1073. 

Keeping animals in prohibited, 1073. 

Cleanliness, whitewash, 1074. 

Contagious disease in, disinfection of, 1075. 

“Lodging house” defined, 1077. 

Penalties, 1079. 





968 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Lottery. 

See Gaming. 

(Statutes.) 

Power of city council to suppress, 2225, cl. 45. 

Loungers and Loafers. 

Not to obstruct any street or corner, 1305. 

Lumber. 

Storage of, near planing mill, etc., limited, 465. 

Storage and piling of, 668. 

License, 1214. 

Application, contents, fee, 1215. 

Penalty, 1216. 

Unloading railroad car in street, 1877. 

(Statutes.) 

Power of city council to regulate inspection and measurement, 2225, cl. 54. 
Power of city council to license yards, 2225, cl. 91. 

Power of city council to prohibit piling within fire limits, 2225, cl. 93. 



Magistrates. 

See Police Court Magistrates. 

Malt Liquor. 

See Liquor. 

Manicure. 

See Bath Houses. 


Manufactories. 

See Soap Factory ; Employ?nent; Workshops. 

Nauseous or offensive, 1023. 

Premises offensive, 1024. 

Overcrowding, 1069. 

Adequate water closets, gases, 1070. 

Cleanliness, ventilation, temperature, 1071. 

Ventilation of factories; workshops, 1097. 

Free from effluvia, 1098. 

Gas manufactory, refuse of, 1127. 

Foundry, refuse and cinders removed, 1128. 

Varnish, etc., offensive gas, etc., 1129. 

(Statutes.) 

Power of city council to prevent dangerous construction of chimnev* 
etc., 2225, cl. 63. * w ' 

Not to employ children without certificate, 2866. 

Child under fourteen not to be employed in workshop, 2871. 
bemales to work eight hours, 2872, 

Notice of hours of labor to be posted, 2873. 




INDEX TO REVISED CODE. 


969 


References are to sections. For index to Special Ordinances, see Vol. II. 


Manure. 

See Health. 

Deposit of manure, bedding of animals, etc., 900. 
Railroad cars loaded with, not to stand, 901. 
Loaded on railroad cars, 902. 

Not to be turned or stirred, 903. 

Maps. 

(Statutes.) 

City council may provide for approval of, 2350. 
Of territory petitioned to be annexed, 2378. 
Recording map of added territory, 2386. 

Marine. 

(Constitution.) 

Not a resident because stationed here, 2145. 

Markets. 

Refrigerators in markets, 976. 

Not to kill or dress meat in, 977. 

Market cleansed every day, 981. 

Food condemned, power of entry, 983. 
Unwholesome food, duty of individuals, 984. 
Confiscation of unwholesome provisions, etc., 985. 
Condition of meat in markets, 986. 

Unwholesome vegetables, 987. 

Prohibited meat and fowl, 989. 

Misrepresentation in sale of food, etc., 990. 
Cleanliness of stalls, 991. 

Prohibited food, 992. 

Immature calf, pig or lamb, not to be sold, 993. 
Diseased cattle, 994. 

Randolph Street Market. 

Market established, hours, 1217. 

Superintendent, appointment, 1218. 

Bond of superintendent, 1219. 

Record of moneys received, 1220. 

Duties, powers of arrest, 1221. 

Character of produce, 1222. 

Wagons, location of, 1223. 

Fees, 1224. 

Producers only to sell, exception, 1225. 
Unwholesome food, 1226. 

Cleanliness, 1227. 

Snow, removal of, 1228. 

Penalty, 1229. 

Butchers. 

License required, 1230. 

License fee, 1232. 

Health officer may inspect premises, 1233. 

Refuse in street, 1234. 

Disposal of refuse, 1235. 

Butcher defined, 1236. 

Prohibited parts of animals in markets, 1237. 
Meats to be sold by weight, exception, 1238. 




970 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Markets— Continued. 

Produce Vendors. 

License required, exception, 1239. 

Fee for license, 1240. 

Hay. 

Hay scales, city weighers, 1241. 

Weigher’s duties, 1242. 

Sold at stands, 1243. 

Office of city weighers, 1244. 

Sold at markets only, 1245. 

Weight to be marked on bale, 1246. 

Exhibit certificate, 1247. 

Re-weighing, 1248. 

Penalties, 1249. 

North avenue hay market, 1250. 

(Statutes.) 

Power of city council to establish and regulate, 2225, cl. 49. 

Power of city council to regulate sale of meats, fish, etc., 2225, cl. 50. 
Farmer, etc., may sell products without license, 2966. 

Matrons. 

See Police. 

Massage. 

See Bath Houses. 


Mayor. 

Location of office, duties, 1. 

Grant and revoke licenses, 2. 

Supervision of officers, 3. 

Appointment of officers, 4. 

Apprehension of criminals, reward, 5. 

Sale and conveyance of tax titles, 6. 

Display flags on city hall, 7. 

Private secretary, 8. 

Mayor’s clerks, 9. 

Appointment of city comptroller, 22. 

Consent to appointment of comptroller’s clerks 24 
Financial interests of city, 27. 

Appoint appraisers under city lease, 31. 
Comptroller’s records, 33. 

Refusal of officers to report, 35. 

Sign warrants on treasurer, 41. 

Proposals from banks of deposit, 62. 

Appointment of collector, 64. 

Consent to appointment of collector’s clerks, 66. 
Appointment of corporation counsel, 75. 

Appointment of prosecuting attorney, 92. 

To classify amusement licenses, 103. 

Revocation of amusement licenses, 109. 

Permit for concert in saloons, no 
Rebate license fee to church festivals, 113. 
irermit for sale of liquors at entertainments, 116. 
Approval of auctioneer’s bond, 123. 

Revocation of auctioneer’s license, 125, 132 


/ 




INDEX TO REVISED CODE. 


971 


References are to sections. For index to Special Ordinances, see Vol. II. 


Mayor —Continued. 

Auctioneer’s permit to sell elsewhere, 130. 

Permit for auction on sidewalk, 135. 

Permit for auction on street, 137. 

Revocation of bath house, etc., license, 143. 

Revocation of billiard, etc., room license, 161. 

Revocation of bill poster’s license, 170. 

Permit to prosecute business of blasting, 172. 

Approval of bond for blasting, 173. 

License for steam boat business, 178. 

License for sail and row boat business, 181. 

Permit to carry on business of baker, 189. 

Appointment of commisssioner of buildings, 219. 

Consent to appointment of assistants to same, approval of bonds, 221. 
Inspection of records of department of buildings, 232. 

To grant house mover’s license, 270. 

Appointment of inspectors of vehicles, 475. 

To license public carts, 508. 

Proclamation to muzzle dogs, 551. 

Appointment of fire marshal, 603. 

Appointment of fish inspector, 680. 

Appointment of gas inspector, 721. 

Appointment of commissioner of health, 805. 

Appointment of city physician, 827. 

Advertise for removal of dead animals, etc., 884-5. 

Power as to garbage crematories, 914-6. 

Grant all licenses, 1165. 

Saloon licenses, applications for to be filed with, 1175. 

Appointees hold office two years, 1329. 

Appointment of oil inspector, 1354. 

Present other cities with revised ordinances, 1371. 

Revocation of pawnbroker’s license, 1404. 

Plumber’s license, revocation, 1427. 

Consent to appointment of police officers, 1481. 

Power to appoint mayor’s police, 1527. 

To appoint police matrons, 1530. 

To appoint police court justices, clerks and bailiffs, 1541. 

Removal of police court clerk on advice of comptroller, 1554. 

Remove police court bailiffs for misconduct, 1557-8. 

Power to remove pound keepers, 1597 - 

Consent to appoint assistants of commissioner of public works, 1599. 
Approve subordinate’s bonds in department of public works, 1603. 
Consent in writing to contracts exceeding $500, 1614. 

To act in absence of commissioner of public works, 1628. 

To report city employes interested in contracts, 1629. 

Appoint deputy commissioner of public works, 1641. 

Appoint superintendent bureau street and alley cleaning, 1674. 
Referee disputes over contracts for cleaning streets, 1679. 

May revoke license of second-hand and junk dealers, 1803. 

Grant permit for circus processions, 1870. 

May order removal of lamp-posts used for signs, 1912. 

To appoint board of examiners for licensing engineers, 1923. 
Remove examiners of stationary engineers, 1930. 

Appoint boiler inspector, 1937. 

Appoint successor to boiler inspector for defalcation, 1951. 




972 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Mayor —Continued. 

To appoint inspector of weights and measures, 2005. 

Appoint successor to inspector of weights for defalcation, 2014. 
May appoint city weighers, 2025. 

Approve bonds of city weighers, 2026. 

(Statutes.) 

Give notice of election to incorporate, 2160. 

Qualifications, residence, term of office, 2173. 

Vacancy filled by election, when, 2174. 

Vacancy filled by city council, when, 2175. 

Council to elect mayor pro tern., 2176. 

Removal from city creates vacancy, 2177. 

To preside at meetings of council, casting vote, 2178. 

Officers to be removed by him, when, 2179. 

Reasons to be reported to council, statement filed with clerk, 2179. 
Power to suppress disorder and keep the peace, 2180. 

Release prisoners and report same to council, 2181. 

General duties prescribed, executive duties, 2182. 

Power to examine records of officers and einploj^es, 2183. 

Inform council annually, etc., of city affairs, 2184. 

May recommend measures to council, 2184. 

Power to call out inhabitants to enforce laws, etc., 2185. 

Power to call out militia to suppress riots, etc., 2185. 

Misconduct of in office, 2186. 

Appoint commission to revise ordinances, when, 2187. 

Approval and veto of ordinances, 2189-2209. 

Passage of ordinance over mayor’s veto, 2190. 

City council consists of mayor and aldermen, 2192. 

In the absence of, council may elect chairman, 2201. 

Special meeting called by, how, 2208. 

Veto power, 2209. 

Elected biennially, 2212. 

Elective officer, 2235. 

Appoint officers to vacancies, 2237. 

Bond of mayor, minimum, 2238. 

Prohibited from holding other office, 2243. 

Conservator of the peace, power of arrest, 2246. 

Compensation of fixed by city council, not to be changed, when, 2247. 
Power to administer oaths, 2250. 

Borrow money to pay judgment against city, when, 2253. 

Sign all warrants on treasury, 2261. 

Power to examine books, etc., of city collector, 2266. 

Execute bonds issued, 2427. 

May order public building closed, when, 2449. 

Appointment of civil service commissioners, 2485. 

Removal of same, filling vacancy, 2486. 

Report to by the commission, 2499. 

Rooms for commission, mayor to cause to be provided, 25or 
Salaries, etc., of commission, mayor authorized to pav 
Contest of election of mayor, 2607. 

To appoint board of directors of public hospital, 2903. 

Member. ^ oar< ^ °f inspectors house of correction, 2gi^ 
lo appoint superintendent of house of correction, 2920. 

Duty of to use police to suppress riot in district, 2936. 




INDEX TO REVISED CODE. 


973 


References are to sections. For index to Special Ordinances, see Vol. II. 


Mayor— Continued. 

Appoint board of library directors, 2939. 

Removal of library directors, 2940. 

Appoint oil inspectors, 2972. 

Member of board of trustees, police and firemen’s funds, 3053. 

Draw warrant for police and firemen’s fund, 3056. 

Duty to draw warrants on firemen’s fund, 3073. 

Property destroyed by fire, rebate of taxes, 3143-4. 

To appoint members of board of education, 3174. 

Not to be interested in water works, 3230. 

Meal. 

(Statutes.) 

Power of city council to provide for inspection of, 2225, cl. 53. 

Meat. 

Condemned, to be destroyed by meat inspectors, 973. 

Hours of slaughter, emaciated cattle to be destroyed, 974. 

Carcasses of dead animals not to be taken into slaughter houses, 974. 
Penalty, 975. 

Refrigerators, how constructed, 976. 

Dressing animal or meat, 977. 

Inspection of meat, 978. 

Sanitary regulations concerning, 980. 

Market to be cleansed once every day, 981. 

Penalty, 982. 

Meat condemned, power of entry, 983, 

Duty of individuals as to impure meat, 984. 

Confiscation of putrid meat, 985. 

Condition of meat in markets, 986. 

Prohibited meat and fowl, 989. 

False representations as to quality, 990. 

Cleanliness of place where kept, etc., 991. 

Unwholesome meat and fowls, 992. 

Immature calf, pig or lamb, sale of prohibited, 993. 

Feverish and diseased cattle not to be killed for food, 994. 

Penalty, 995 - 

Randolph street market open to sale of, 1222. 

Unwholesome, not to be sold in market, 1226. 

Butchers to obtain license, 1230. 

Health officer may inspect, 1233. 

Vendor of meats a butcher, 1236. 

All meats to be sold by weight, 1238. 

(Statutes.) 

, Power of city council to regulate sale of, 2225, cl. 50. 

Power of city council to provide and regulate inspection of, 2225, cl. 53. 

Mechanics’ Lien. 

See Liens and Mechanics' Liens. 

Medals For Bravery. 

Given by Carter H. Harrison and Lambert Tree, 2113. 

Medical Dispensaries. 

(Statutes.) , . , „ 

Power of city council to establish, erect and control, 2225, cl. 77. 




974 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Medicine. 

Impure or adulterated drugs, 949. 

Distribution of advertisements of, 1294-5. 

Poisonous, sale of prohibited, exception, 1300. 

Sale of by deceptive name, 1301. 

Quack nostrums, advertising prohibited, 1302. 

Memorial Hall. 

See Library. 

Menageries. 

See Circus and Menagerie. 

Mendicants. 

(Statutes.) 

Power of city council to restrain and punish, 2225, cl. 74. 

Merchandise. 

(Statutes.) 

Power of city council to inspect, weigh and measure, 2225, cl. 54. 

Mercantile Houses. 

Seats for female employes required, 1101. 

Midwife. 

To report births for registration, S35-6. 

Militia. 

(Statutes.) 

Mayor to call out, when, 2185. 

Milk and Food. 

Milk and food division established, 933. 

Superintendents appointed, bonds, 934. 

Duties of superintendents, 935. 

Assistant’s and employe’s bonds, 936. 

Defaults of officers and employes, 937. 

Insignia of office, powers, 938. 

Inspection districts, 939. 

Milk vendor’s license, fee, 940. 

License, application, contents, 941. 

Vehicles and premises, cleanliness, 942. 

Vehicles to be marked, 943. 

Resisting inspection, 944. 

Powers of entry, 945. 

Samples of milk, cream, food, etc., test, 946. 

Chemical and bacteriological laboratory, 947. 

Inspection of food products, ice, water, drugs, 94S. 

Impure or adulterated ice, water or drugs, 940 
Milk test, 950. ‘ 

Cream test, 951. 

Skimmed milk, 952. 

Impure, diluted or adulterated milk, 953. 

Adulteration or dilution, 954. 

Foreign substances contained in, 955. 

Condensed or evaporated milk, 956^ 

Confiscation of impure milk, 957. 

Buttermilk, 958. 

Hotel keeper, restaurant, etc., 959. 








975 


INDEX TO REVISED CODE. 

i 


References are to sections. For index to Special Ordinances, see Vol. II. 


Milk and Food —Continued. 

Cow stables, 960. 

Sick or diseased cow, slaughter, 961. 

Milk from cow before and after parturition, prohibited, 962. 

Dairy, refuse matter, otfal, 963. 

Slops or refuse, 964. 

Moneys collected, pay into city treasury, 965. 

Condemned meat destroyed, 973. 

Condemned emaciated cattle to be destroyed, 974. 

Dead animals not to be taken into slaughter house, 975. 

Refrigerators to be lined with proper substance, 976. 

Water-tight and provided with waste pipe, 976. 

Animal or meat not to be dressed in market, 977. 

Inspection of foods, 978. 

Keeping and slaughtering of cattle, manner of, 980. 

Same concerning meat, fish, birds and fowl, 980. 

Market cleansed every twenty-four hours, 981. 

Food to be kept clean and wholesome, 983. 

Meat and food inspectors to thoroughly inspect, 983. 

Duty of individuals as to unwholesome food, 984. 

Confiscation of unwholesome food, 985. 

Condition of meat in market, 986. 

Unwholesome vegetables not to be brought in, 987. 

Unwholesome food or drink in saloons and boarding houses, 988. 

Sale of impure meat, fish, bird, or fowl prohibited, 989. 
Misrepresentation as to quality, 990. 

Cleanliness of stall where meat is sold, 991. 

Same as to fish, birds and fowls, 991. 

To be preserved in wholesome condition, 991. 

Meat or fish that died of disease or accident, ^ 992. 

Immature calf, pig or lamb, prohibited sale of, 993. 

Diseased cattle, 994. 

Penalty, 995. 

Mills. 

(Statutes.) 

Power of city council to authorize construction, 2225, cl. 88. 

Minors. 

See Children. 

Playing in billiard room, etc., prohibited, 160. 

Exposure to disease, 1083. 

Purchasing liquor, 1276. 

Gambling in saloons, 1277. 

False representations, 1278. 

Flipping or jumping on cars while in motion, 1279. 

Selling to minors materials impregnated with liquor, 1280. 

Pawnbroker prohibited from receiving articles from, 1399. 

Pawnbrokers prohibited from employing, 1401. 

Second-hand and junk dealers not to purchase from, 1805. 

(Statutes.) . , . 0 

Power of city council to prohibit sale of liquor to, 2225, cl. 4b. 

Power of city council to forbid sale by, to junk or second-hand dealers, 

2225, cl. 95 - .. . . 

Confirmation of special assessment, guardian appointed, 2291, 

! Indorsement of drainage, bonds for, 2544. 






976 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Minstrels. 

See Amusements . 

Misdemeanors. 

Failure to procure license to sell milk, etc., 940. 

Failing to keep premises clean where milk, etc., is sold, 942. 
Resisting inspection of places where milk is sold, 944. 
Failure to obey health officers as to entry on premises, 945. 
Sale of impure or adulterated ice, water, drugs, etc., 949. 
Milk not up to test, 950. 

Cream not up to test, 951. 

Selling skimmed milk, when, 952. 

Selling impure, diluted or adulterated milk, 953-4. 

Foreign or coloring matter in milk or cream, 955. 

As to condensed or evaporated milk, 956. 

Impure buttermilk, sale of, 958. 

Unclean cow stables, 960. 

Sale of milk, etc., from sick or diseased cow, 961. 

Sale of milk or cream drawn from cow with calf, 962. 
Violating provisions relating to condemned meat, 975. 
Violating provisions relative to slaughtering, 975. 

Whistle, use of, by street merchants, prohibited, 2121. 
Theater Hats. 

Wearing hats in theaters, 1251. 

Permitting hats to be worn in theaters, 1252. 

Penalty against individual, 1253. 

Ejectment from theater, 1254. 

Avoidance of arrest, 1255. 

Deposit returned on acquittal, 1256. 

Refusal to deposit, 1257. 

Penalty against proprietor, 1258. 

Animals and Horses. 

Speed regulated, 1259. 

Turning corners, 1260. 

Issuing from alley, 1261. 

Loose horse, 1262. 

Driving on sidewalk, 1263. 

Racing, 1264. 

Auction sale on street, 1265. 

Sleigh, cutter, bells, 1266. 

Speed on bridges, 1267. 

Unfastened horse, etc., 1268. 

Tunnels. 

Speed through with horse, 1269. 

Driving animals through, 1270. 

Vehicles, dimension of load, 1271. 

Penalty, 1272. 

Trees. 

Not to obstruct public lamps, 1273. 

Injuring or destroying, 1274 
Height of lower limbs, 1275. 

Minors. 

Purchasing liquor, 1276. 

Gambling in saloons, 1277. 




9 


INDEX TO REVISED CODE. 


977 


References are to sections. For index to Special Ordinances, see Vol. II. 


Misdemeanors— Continued. 

Minors —Continued. 

False representations, 127S. 

“Flipping” or jumping on cars, 1279. 

Materials impregnated with liquor, 1280. 

Barbed Wire Fence. 

Building prohibited, 1281. 

Removal, 1282. 

Penalty, 1283. 

Spikes in railings and fences, 1284. 

Cruelty to animals, 1285. 

Itinerant musicians, beating drums, blowing horns, 1286. 
Disorderly conduct, 1287. 

Houses of ill-fame or assignation, 1288-91. 

Night walking, 1292. 

Ill-governed or disorderly houses, 1293. 

Impure literature relating to diseases, 1294-5. 

Indecent literature, immoral exhibitions, 1296. 

Indecent exposure, 1297. 

Indecent, lewd and filthy acts, 1298. 

Indecent exhibitions of animals, 1299. 

Poisonous medicine or decoctions, 1300. 

Fraudulent prescriptions, 1301. 

Quack nostrums, advertising, 1302. 

Opium smoking, 1303. 

Burglars’ tools, possession of, 1304. 

Lounging and loafing, 1305. 

Vagabonds and vagrants, 1306. 

Clay holes and excavations, 1307- 
Defacing public buildings, etc., 1308. 

Defacing signs, fences, etc., 1309 - 
Scaffolds, construction of, 1310. 

Rule of the road, violating, 1311. 

Flower pots on window sills, etc., 1312. 

Boarding or leaving cars while in motion, 1313. 

Bathing in city limits, 1314. 

Religious meetings, disturbing, I 3 ! 5 - 
Birds, killing in city limits, 1316. 

Handbills, distribution of, 131?- 

Deformed or mutilated limbs, exposing, 1318. 

Wild animals, exhibiting, 1319 - 

Gutters, sewers and pipes, obstructing, 1320. 

Rinds and peels on sidewalk, 1321. 

Dangerous materials in streets, 1322 - 
Sod or earth, removing from street, 1323. 

Games and performances in streets, 1324 - 
Liquid in streets, throwing, 1325. 

Missiles, throwing, 1326. 

Cleansing goods in streets, 1327 - 
Kites, flying in streets, 1328. 

(Statutes.) 

Declared by election law, 2661, 2702-4, 2743 - 9 , 2821. 
Imprisonment in house of correction, 2922. 

Official bribery, interest in contract, 2971. 

02 




978 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Missiles. 

Throwing of, in public places, 1326. 
Throwing in park, forbidden, 1375. 
(Statutes.) 

Throwing at train, 3046. 

Mittimus. 

To be delivered with prisoner, 1152. 


Mob. 

See Riot. 

Money Changer. 

(Statutes!) 

Power of city council to license and regulate, 2225, cl. 91. 

Movement Cure. 

See Bath Houses , Etc. 

Mud Lake Valley. 

(Statutes.) 

Construction and maintenance of dam across, 2554. 

Mule. 

Sale on street prohibited, 1875. 

Municipal Corporation. 

(Constitution.) 

State prohibited from releasing obligation to, 2134. 

Property of, may be exempted from taxation, 2149. 

Release from taxes prohibited, 2150. 

May make local improvements by special assessments, 2151. 
General taxes to be uniform, 2151. 

State taxation of, for municipal purposes prohibited, 2152. 
Indebtedness of, limited, 2154. 

Aid to private corporations prohibited, 2158. 

Municipal Year. 

Commencement of, 20. 

(Statutes.) 

Definition of municipal year, 2353. 

Museums. 

(Statutes.) 

In public parks, erection and use, 3006. 

Musicians. 

Itinerant, regulations as to, 1286. 




INDEX TO REVISED CODE. 


979 


References are to sections. For index to Special Ordinances, see Vol. II. 



Name. 

(Constitution.) 

Of municipality, etc., not to be changed by special law, 2133. 
(Statutes.) 

Power of city council to name streets, 2225, cl. 23. 

Navigation. 

See Harbor and Harbor Master. 


Newspaper. 

See also Official Newspaper. 

Contracts for publication, 1341-6. 

Daily newspapers furnished and filed, 1349- 

Night Scavengers. 

Defined, 1004. 

License, 1005. 

License lee, bond, 1006. 

Removal of night soil, permit for, 1007. 

Contents of permit, 1008. 

Report to commissioner of health, 1009. 

Manner of removal, 1010. 

Remove out of city, ion. 

, Sign on wagon, 1012. 

Hours of removal, 1013. 

Compensation to scavengers, 1014. 

Offensive vault, notice to owner of, 1015. 

Abatement of vault, 1016. 

Penalty, 1017. 

Disinfection of privies, etc., before removal, 1118. 
Individuals not to remove, 1119. 

Drawing off contents, 1120. 

Duty of scavengers, 1141. 

Night Soil. 

See Night Scavengers. 

Night Walkers. 

Not to solicit in streets, alleys or public places, 1292. 


Nitroglycerin. 

See Gunpowder and Explosives. 

(Statutes.) , . 1 £■ 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 


Noises. 

Itinerant musicians, beating drums or blowing horns pronibited, 1286. 
Street merchants, use of whistling device prohibited, 2121. 

(Statutes.) . 

Power of city council to prevent and suppress, 222cl. /2. 


/ 




980 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Non-Residents. 

(Statutes.) 

Notice of proceedings to condemn private property, 2543. 

North Avenue. 

Hay market established, 1250. 

Notary Public. 

(Statutes.) 

Not disqualified as judge or clerk of election, 2657. 

Notice. 

See Judicial Cognizance. 

(Statutes.) 

Of election to incorporate city, 2160. 

For organizing contiguous territory as city, county judge to give, 2163. 
Courts to take judicial notice of city organization, 2164. 

Of election of officers of newly incorporated city, 2165. 

Of election of aldermen, 2219. 

To persons elected or appointed to office, 2222. 

Of special elections, 2224. 

Special assessment suits, by publication, effect, 2284. 

Of special assessment, hearing, 2304. 

Proof of, 2305. 

Collector's, form of, 2314. 

Collector's, what to contain, 2336. 

Of election to annex territory, 2394-5. 

To officers to give additional or new bonds, 2442. 

Of election to organize sanitary district, 2557. 

Of damage in construction of works in sanitary district, 2575. 

Of election, form of, 2604. 

Sheriff to post, 2605. 

Of election to adopt election laws, 2635. 

To judges and clerks of election to qualify, 2662. 

Of registration and election, 2667. 

Of application to erase name from register, 2681. 

Of primary election, form of, 2816. 

Of proceedings to condemn private property, 2843-4. 

To erect fire escapes, 2893. 

Of location of railway, 2898. 

County to use house of correction, notice, 2921. 

For bids on sale of property by city, 3027. 

Nuisances. 

See Health. 

Vicious dogs running at large, 556-7. 

Keeping more than six dogs, 559. 

Gaming, place where allowed, 706. 

Garbage vehicles not to create, 896. 

Maintaining a hospital without license, 923. 

Abatement of vault where no owner, etc., can be found, 1016. 

Duty of commissioner of health concerning, 1018. 

Animal matter decaying, 1019. 

Prohibited acts concerning, 1020. 

River, lake, street, causing offal, etc., to be discharged into, 1021. 
Matter allowed to decay on premises, 1022. * 










INDEX TO REVISED CODE. 


981 


References are to sections. For index to Special Ordinances, see Vol. II. 


Nuisances— Continued. 

Factory, nauseous or offensive, 1023. 

Premises in offensive condition, 1024. 

Cellar, vault, drain in offensive condition, 1025. 

Abatement of nuisance on notice, 1026. 

Summary abatement, 1027. 

At common law, 1028. 

Tanneries, when offensive, 1029. 

Individuals bringing nuisance into city, 1030. 

Duty of commissioner of health, police, 1031. 

Emission of dense smoke from stack or chimney, 1046-7. 
Rendering to be carried on so as not to create, 1052. 

Offensive rendering, 1053. 

Unclean workshop, abatement, 1090. 

, Offensive privies, abatement, 1124. 

Yarding cattle or swine, 1126. 

Health, matters and things detrimental to, 1143. 

Ill-governed or disorderly house or place, 1179. 

Duty of police to abate, 1485. 

Obstructions in river, 1765. 

Keeping toll road or gate in street, 1868. 

Refusal to remove fence which may obstruct street, etc., 1884. 
(Statutes.) 

Power of city council to declare and abate, 2225, cl. 75. 

Power of city council to abate on private property, 2225, cl. 84. 
Levee out of repair may be abated as, 2528. 

Stagnant water, abatement, 2535. 

Railway in city not raising to grade, 2543. 

Selling liquor in violation of statutes, 2592. 


o 


Oath. 

Form of, for removing buildings, 269. 

Of surety on bonds of officers, I 33 2 - 
(Constitution.) 

Of municipal officers, 2137. 

(Statutes.) 

Officers of election, 2220. 

Form of oath of city officers, 2238. 

Mayor and city clerk may administer, 2250. 

Of commissioners, to assess costs, etc., 2301. 

Of chief clerk of election commissioners, 2354. 

Of juror on condemnation of private property, 2648. 
Of election commissioners, 2652. 

Of judges and clerks of election, 2662. 

On refusal to register as voter, 2675. 

Of one claiming registration, 2679. 

Of one moving, to erase name from register, 2681. 

Of voter removed from precinct, 2687. 

False, penalty, 2739-40. . 

Commissioner of election may administer, 270(1. 










982 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Oath— Continued. 

Judges of election may administer, 2766. 

Violation of, of judges and clerks of election, 2817. 

Of voter, at primary election, 2820. 

Of officers of house of correction, 2930. 

Of oil inspector and deputies, 2973. 

Obscene Literature, Pictures, etc. 

Posting of pictures prohibited, penalty, 169. 

Obscene gestures, etc., prohibited, penalty, 1298. 

(Statutes.) 

Power of city council to suppress sale, etc., 2225, cl. 45. 

Obscenity. 

See Indecency ; Lewdness. 

Obscene language prohibited, 1298. 

Indecent language in parks, 1377. 

Offal. 

See Health . 

Vessels to be provided for, 888. 

Notice of coming of scavengers, 894. 

Vehicles loaded with, not to create nuisance, 896. 

Vehicles to be disinfected, 898. 

Vehicles not to be overladen with, 899. 

Deposit of, prohibited, 900-1. 

Loaded on railroad cars, 901-2. 

From oyster house, 904. 

Vessel conveying, permit, 907. 

Not to be thrown in lake, street or river, 911. 

Not to be placed on vacant ground, 912. 

Butcher s offal and refuse, conveyance through streets, 979. 

Not to be scattered around markets, 1235. 

Duties of superintendent of bureau of street and alley cleaning as to 
removal of, 1675. 

Supervision of health department over removal of, 887 1686 
(Statutes.) 

Power of city council to prevent deposit on streets, 2225, cl. 15. 

Office. 

See Officers. 

(Constitutional.) 

Disqualification for, 2131. 

Only resident citizen of U. S. competent, 2146. 

Defaulter not eligible to, 2153. 

(Statutes.) 

Of city register may be abolished, 2172. 

City council may create, 2236. 

Qualifications for, 2240. 

Officers. 

Supervision of, by the mayor, 3. 

Appointment of, 4. 

Monthly statements to comptroller, 34. 

Failure to make reports, 35. 

Defalcations of, 60. 

Term of office two years, 1329. j 






INDEX TO REVISED CODE. 


983 


References are to sections. For index to Special Ordinances, see Vol. II. 


Officers —Continued. 

Official bonds, 1330. 

Sureties on bonds, justification of, 1331. 

Oath of sureties, 1332. 

Acknowledgment, 1333. 

Salaries fixed annually, 1334. 

Salaries payable monthly, 1335. 

Fees, 1336. 

Reports of city officers, 1337. 

Delivery of property to successor, 1338. 

Office hours, 1339. 

Penalty clause, 1340. 

No city officer to grant permission to lay pipes in streets, approval of 
city council, 1892. 

(Constitution.) 

Disqualification of persons for office, 2131. 

Term not to be extended, 2135. 

Must be resident oi district, etc., 2141. 

(Statutes.) 

Election of, in newly incorporated cities, 2165. 

Term of, in newly incorporated cities, 2167. 

Vacancy of mayor’s office by removal from city, 2177. 

Removal of, by mayor, restoration, 2179. 

Misconduct, etc., of mayor or other officer, 2186. 

Vacancy as to alderman filled by election, 2195. 

Expulsion of alderman, 2198. 

City officers elected, when, 2211. 

City officers elected biennially, 2212. 

Who entitled to vote at election of, 2213. 

Election of city officers under act of 1872, 2218-24. ? 

Tie vote on election, how determined, 2221. 

Elected or appointed, city clerk to notify, 2222. 

Special election for, how called, 2223-4. 

Power of city council to establish relations between employes and, 2225, 
cl. 71. 

City elective officers specified, 2235. 

City council may prescribe other elective officers, 2236. 

City council may discontinue any office, 2236. 

Appointed by mayor unless otherwise provided, 2237. 

City council to prescribe duties and powers of, 2237. 

City council to prescribe term of, limitation, 2237. 

Oath and bond of officers, 2238. 

How commissioned, 2239. 

Delivery of books, etc., to successor, 2239. 

Qualifications of, 2240. 

Interest of, in contracts, etc., prohibited, 2241. 

Briberv of, penalty, 2242. 

Elective, not to hold other office, 2243. 

Conservators of the peace, 2246. 

Compensation to be fixed by council, 2249. 

Not to add to corporation expenditures, exception, 2253. 

Provision as to continuation in case of annexed cities, etc., 2408. 
Acknowledgment of bond of, 2441. 

When additional new bonds required, 2441. 

Release of sureties, 2442. 




984 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Officers— Continued. 

Effect of new bond, 2442. 

When effects to be delivered to sureties, 2444. 

Suit on bond of, 2445. 

Execution, lien, 2446. 

Civil Service. 

Officers excepted from classified service, 2495. 

Removal from classified service, 2496. 

City officers to aid commission, when, 2501. 

Not to receive political contributions, etc., 2505. 

No person to solicit contributions from officers, 2506. 

Assessments, etc., in public offices forbidden, 2507. 

Payment of political assessments to public officers prohibited, 2508. 
Abuse of official influence, 2509. 

Payment for places prohibited, 2510. 

Officer not to assist applicant for appointment, 2511. 

Abuse of political influence prohibited, 2512. 

Auditing officer not to allow claim, etc., 2513. 

Appointments, etc., to be certified to by comptroller. 2514. 
Comptroller to pay salaries only after certification, 2515. 

Paymaster, etc., to pay salaries only after certification, 2516. 

What officers may prosecute for violations of civil service provisions 
2520. 

Election of, in sanitary districts, 2558-9. 

Powers of in sanitary districts, 2560. 

Of city, county clerk to deliver certificate of election to 2726. 
Employment of alien by, 2881. 

Payment of public funds to alien employe, liability, 2883. 

Not to accept office when appointed bv board of which appointee is 
member, 2968. 

Such appointments null and void, 2968-9. 

Unlawful for aldermen to accept office under city, 2969. 

Unlawful to be interested in contracts, 2970. 

Unlawful to bid for work, 2970. 

Penalty for violation of this act, 2971. 

Salaries of city officers not to be changed, 3172. 

Official Bonds. 

Conditions of, 1330. 

Conditioned as provided in statute, 1330. 

Sureties, justification, 1551. 

Oath, 1332. 

Acknowledgment, approval of, by city council, 1333 
(Statutes.) ‘ ’ 

Mayor (as city officer), 2238. 

City clerk^ (as city officer), 2238. 

Of city officers to be approved by city council, 2238. 

■uri^ c er .j. s .bond to be filed with city treasurer, 2238. 

V\ hen additional or new bonds may be required, 2441. 

Release of sureties, 2442. 

Effect of new bond, 2443. 

When effects to be delivered to sureties, 2444. 

Suit on bond, 2445. 

Execution to issue on judgment, levy, 2446. 




INDEX TO REVISED CODE. 


985 , 


References are to sections. For index to Special Ordinances, see Vol. II. 


Official Newspaper. 

Annual publication contracts, printing contracts, 1341. 

Letting contracts, bids, 1342. 

Award of contracts, 1343. 

Two or more making same bid, 1344. 

Circulation considered, limitation, 1345. 

Prohibited contract, 1345. 

Approval of bids, awarding contract, 1346. 

Bond of official journal, 1347. 

Comptroller to approve matter to be printed, 1348. 

Daily newspapers furnished, filing, 1349. 

Comptroller to furnish copies of blanks, 1350. 

Form of bids for blanks, 1351. 

Contract for blanks, bond, 1352. 

Oiled Rags. 

Buildings to be cleared of, 661. 

Oils, 

Location of oil works, consent, permit, 266. 

Petroleum, storage of, etc., 466. 

Inspector, term, salary, deputies, 1353. 

Appointment of, 1354 - 
Qualification for office, 1355 - 
Bond, 1356. 

Duty to test oils, 1357. 

Fee for inspection, record to be kept, 1358. 

Report to comptroller, 1359. 

Trading in oils unlawful, 1360. 

Certificate of inspection, 1361. 

Storage of oils, 1362. 

Permit to store oils, 1363 - 
Penalty clause, 1364. 

(Statutes.) 

Appointment of inspectors, term, deputies, 2972. 

Oath, bond, suit on, 2973. 

Inspector to test oil, etc., 2974. 

Test, casks marked, inspector not to trade in, 2975. 

Records kept, open to examination, 2976. 

Oil Inspection. 

Penalty for misconduct in office, 2977. _ 

Penalty for not giving inspector notice, 2978. 

Penalty for selling oil not inspected, 2978. 

Fines, how recovered and disposed of, 2979. 

One-half to informer, one-half to city, 2979. 

Omnibus. 

See Coaches, Cabs and Carts. 

Open Air Meetings. 

Permits required from superintendent of police, 1871. 

Opium. ,... , 

Keeping or maintaining a place for smoking, etc., prohibited, I 3 ° 3 - 




986 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Ordinances. 

Engrossment by city clerk, 14. 

Record and publication, 15. 

Record of acceptances and bonds, 15. 

Drafts made by corporation counsel, 79. 

Violations prosecuted by prosecuting attorney, 94. 

All amusement licenses subject to, 108. 

Plat of property to be taken for public use, filed with commissioner of 
buildings, 226. 

Grade ordinances to be recommended by superintendent of sewerage, 752. 
Salaries of officers and employes to be fixed in annual appropriation bill 
or ordinance, 1334. 

Two penalties, elective, one judgment, 1365. 

Minimum, but no maximum, fine, 1366. 

Repeal of repealing ordinance, effect of, 1367. 

Construction of words, 1368. 

Where no fine or penalty expressed, 1369. 

Revised ordinances in custody of comptroller, 1370. 

Revised ordinances, mayor may present, 1371. 

Improvement ordinances, repeal of, costs to be paid, 1658. 

For asphalt paving, quality of asphaltum, 1660. 

Superintendents of steam railroads to furnish employes with copy of etc 
1735 . 

(Statutes.) 

Newly, incorporated cities retain prior ordinances, 2169. 

Commission to revise appointed after organization, 2187. 

Approval and veto of by the mayor, 2189-2209. 

Passage of over mayor’s veto, 2190. 

Yea and nay vote required to pass, 2204. 

Two-thirds vote required to sell city property, 2204. 

Reconsideration of, at special meeting, when, 2205. 

Report on, when laid over, 2206. 

Reconsideration and passage over veto, 2210. 

Power of city council to pass police, 2225, cl. 66. 

Power of city council to pass penal ordinances, 2225, cl. 96. 

Style (title) of ordinances, 2226. 

Publication of, when in effect, 2227. 

Proof of ordinances, 2228. 

Violation of, how prosecuted, 2229. 

Fines for violation of, paid to treasurer, 2230. 

Process for violation of, 2231. 

May provide for inhabitants to labor on streets, 2234. 

City clerk to record, 2245. 

Fiscal year, may be fixed by ordinance, 2251. 

Annual appropriation ordinance, when to be passed, 2252. 

Prescribe mode of keeping city treasurer’s books, 2255. 

As to treasurer’s deposit of funds, 2257. 

Levying tax, limitation, 2274. 

Certified copy of ordinance of tax levy to county clerk 2^74. 
Improvement ordinances, 2280. 

For sidewalks, owner’s rights, 2297. 

Collector to pay over money to city, compensation, 2320. 
special assessment warrants, collection of, 2320. 

City may buy in at sale, 2322. 

Adoption of article concerning special assessments, 2331. 





INDEX TO REVISED CODE. 


987 


References are to sections. For index to Special Ordinances, see Vol. II. 


Ordinances— Continued. 

Division of special assessments into installments, 2332. 

When by installment, provision for by ordinances, 2334. 

Assessments made, but not confirmed, may be collected by installments, 
2344 - 

Disconnecting territory, 2389. 

Recording of, 2390. 

Annual appropriation, in case of annexation of city, etc., 2398. 
Apportionment of tax on annexation, 2401. 

As to dram shops in territory annexed, to remain in force, until, 2411. 
Powers of trustees of sanitary district to pass, etc., 2560-2. 

Trustees may prescribe improvements by installments, 2570. 
Punishment of Persons Violating. 

Arrest, imprisonment, workhouse, 2980. 

Any person can swear out warrant, 2980. 

Fifty cents allowed for each day’s work, 2980. 

Repeal of prior acts, emergency, 2981-2. 

Suits, How Brought. 

To enforce penalties and recover fines, 2983. 

Proof of Ordinances and Records. 

Records, etc., of cities, how certified, 2984. 

Form of certificate, 2985. 

Sworn copies, 2986. 

Penalty, 2987. 

Required for sale of city properly, 3026. 

Contents thereof, 3027. 

One-half of costs collected for violation of, to go to police fund, 3078. 
For laying sidewalks by taxation, what to contain, 3197-8. 

Vacation of streets, etc., three-quarters’ vote required, 3214. 

Oven. 

(Statutes.) . . 

Power of city council to prevent dangerous construction, 2225, cl. 63. 

Oyster House. 

Daily removal of refuse, 904. 



Pack Peddler. 

See Peddler. 

Packing House, 

Refuse matter in river, lake or street, 1021. 

Allowing same to become offensive, 1023. 

License, application, fee, 1050. 

License revocable, 1051. 

(Statutes.) , . 0 

Power of city council to locate and regulate, 2225, cl. 81. 


Paint Works. 

Location of, consent, permit, 266. 




988 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol II. 


Pardons. 

(Statutes.) 

Governor to report to election commissioners, 2664. 

Parades and Processions. 

Processions, break step on bridges, 202. 

Prohibited in parks, 1382. 

Circus parades, permit required, 1870. 

Processions and open air meetings, 1871. 

Parent and Child. 

Not to expose child to disease, 873. 

Duty as to vaccination, 1083. 

Parks and Public Grounds. 

Buildings in, subject to provisions of chapter XVII, 455. 
Commissioner of public works to superintend, 1372. 

Entrance and egress, 1373. 

Animals prohibited in, 1374. 

Throwing missiles and carrying fire-arms, 1375. 

Peddling and hawking prohibited in parks, 1376. 

Using indecent language or fortune telling, 1377. 

Evacuation of, when, 1378. 

Entrance closed, when, 1379. 

Bathing or fishing in, 1380. 

Bill posting prohibited in, 1381. 

Prohibited uses, 1382. 

Bonfires in, prohibited, 1383. 

Walking on grass prohibited, 1384. 

Power of police, 1385. 

Public squares, 1386. 

Penalty, 1387. 

(Statutes.) 

Power of city council to lay out. establish, etc., 2225, cl. 7. 

Power of city council to plant trees in, 2225, cl. 8. 

Power of city council to regulate use of, 2225, cl. 9. 

Power of city council to prevent and remove obstructions, 2225, cl. 10 
Power of city council to provide for lighting' of, 222^, cl. u.~ 

Powei of city council to orovide for eleanincr nf to 



Eower of city council to name and change name of 222> cl 
Titles to lands, 2988. " -a 

Park police, 2989. 

Proceedings to open driveway, 2990. 

Drives to Public Parks. 

Powers of park commissioners over streets, 2991. 

Consent of corporate authorities, 2991. 

Taxes, special assessments, etc., 2992. 

Control of park commissioners, 2993. 

Reversion to corporate authorities, when, 2994. 

City may grant control to park commissioners, 299; 
Emergency clause, 2996. 


Park commissioners may acquire parks now under control of cities, 2997, 




INDEX TO REVISED CODE. 


989 


References are to sections. For index to Special Ordinances, see Vol. II. 


Parks and Public Grounds— Continued. 

Drives to Public Parks —Continued. 

Power of commissioners over city parks taken, 2998. 

Reversion to city, 2999. 

Power of city to vest in commissioners, 3000. 

Emergency clause, 3001. 

Pleasure Driveways. 

City council may designate not more than two streets for, 3002. 
May be laid out under article 9, 3003. 

Power of corporate authorities to regulate, 3004. 

Emergency clause, 3005. 

Museums in Parks. 

In public parks, erection and use, 3006. 

Admission fee, 3006. 

Control of Streets. 

Park commissioners may acquire control of streets, 3007. 

Special taxes, special assessments, 3008. 

Control by park commissioners, 3009. 

Reversion to city, 3010. 

City may vest control of. in park commissioners, 3011. 

Streets already taken included, 3012. 

Partition Fences. 

(Statutes.) 

Power of city council to regulate, 2225, cl. 60. 

Party Wall. 

(Statutes.) 

Power of city council to regulate, 2225, cl. 60. 

Patrol Wagons. 

(Statutes.) 

To be covered, 3013. 

Unlawful to convey prisoners in uncovered, 3014. 

Penalty, 3015. 

Paupers. 

(Statutes.) 

Inmates of poorhouses not legal voters, 2632. 

Repeal of laws requiring city to support, 3142. 

Pavements. 

Displacement of for various purposes, 1668. 

Pawnbrokers. 

License required, 1388. 

“Pawnbroker” defined, 1389 - 
License fee, 1390. 

Bond, 1391. 

Record of loans and pledges, I 39 2 - 
Memorandum to pledger, 1393 - 
Records open for inspection, 1394. 

Certain purchases prohibited, 1395 - 
Report daily to police, 1396. 

Redemption of pledge, 1397 - 
Hours of business, 1398. 





990 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Pawnbrokers— Continued. 

Pledge from minor prohibited, 1399. 

Carrying on other business prohibited, 1400. 

Employes under sixteen prohibited, 1401. 

Taking pledges from intoxicated person prohibited, 1402. 

Revocation of license on police report, 1403. 

Revocation for violation of ordinance, 1404. 

Penalty, 1405. 

Second-hand dealers not to carry on business of pawnbroker, 1788. 
Police to inspect stores, 1812. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 41. 
One-fourth of license to go to police pension fund, 3078. 

Peace. 

Superintendent of police to preserve, 1484. 

Peddlers. 

Peddler defined, 1406. . 

License, application, fee, 1407. 

Pack-peddler’s license, 1407. 

Additional wagons, 1407. 

Vehicle to be marked, 1408. 

Peddlers to wear badge, 1409. 

Sunday traffic prohibited, 1410. 

Vehicle assistant, 1411. 

Fraud, misrepresentation or imposition, 1412. 

Country produce, provisions of chapter not to apply, 1413. 

Permits to peddle fruit, etc., from basket, 1414. 

Measures and weights inspected, 2019. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 41. 

Power of city council over itinerant merchants, 2225a. 

Farmers, etc., may vend products without license' 2966. 

Peddling. 

Prohibited in parks, 1376. 

Penalty. 

Disposal of fines for cruelty to animals, 47. 

Two penalties, prosecuting officer to elect, 1365. 

Minimum, but no maximum fine, 1366. 

Where no fine or penalty expressed, 1369. 

Ambulances. 

Obstructing ambulances, etc., 833. 

Obstructing passing of physicians, 833. 

Amusements. 

Failure to take out license, 100. 

Violation of provisions of license, 109. 

Concert in saloon without permit, no. 

Failure to take out license, 112. 

Mutilation of posters, 115. 

Sale of liquor without permit, 116. 

Obstructing aisles, 117. 

Standing in lobby or entrance, 122. 




INDEX TO REVISED CODE. 


991 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Auctions and Auctioneers. 

Selling without license, exceptions, 126. 

Sales by other than licensee or clerk, 128. 

Selling at other than designated place of business, 130. 
Failing to announce quality of plate, 131. 

Failing to return price of plate sold by fraud, 132. 
Substitution in lieu of article sold, 133. 

Selling under false representations, 134. 

General penalty, 139. 

Bath Houses, Manicure, Massage Parlors, etc. 

For violations of ordinances concerning, 147. 

Bicycle. 

Violation of bicycle ordinance, 157. 

Billiard and Pool Tables, etc. 

Keeping for profit without license, 158. 

Playing by minors prohibited, 160. 

Bill Posters. 

Doing business without license, 166. 

Posting in violation of ordinance, 167. 

Posting medical advertisements prohibited, 168. 

Posting obscene or immoral pictures prohibited, 169. 

Blasting. 

Violation of ordinance on blasting, 176. 

Boats. 

Letting for hire without license, 179, 185. 

Bread. 

Violation of bread ordinance, 188. 

Carrying on business without permit, 189. 

Re-offering condemned bread for sale, 192. 

Bridges. 

Driving on after signal to open, 194. 

Driving on faster than a walk, 195. 

Driving more than eight head of cattle on, 196. 
Willfully remaining on bridge, etc., 197. 

Violating order of crossing, 200. 

For obstructing bridge, 201. 

Failure of processions to break step, 202. 

Failure to allow fire engine to cross, 203. 

Bridge tender, violation of bridge ordinance, 210. 

Other violations of bridge ordinance, 211. 

Brokers. 

Violation of brokers’ ordinance, 217. 

Buildings. 

Penalty for violation, 458. 

Violation of building ordinance, 458. 

Livery stable, locating contrary to, 458. 

Failure to provide fire escapes, 458- 
Failing to number houses, 1863. 




992 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Butchers. 

Failure to keep market clean, market regulations, etc., 982. 

Failure to obtain license, 1230. 

Health officer may inspect, resistance to, 1233. 

Casting refuse in streets, 1234. 

Unlawful disposition of refuse, 1235. 

Marketing prohibited parts of animals, 1237. 

Failing to sell meats by weight, 1238. 

Children. 

For employing children without permit, 470. 

For evasion of ordinance relative to children, 471. 

For employment of or ill-treating children in violation of ordinance, 474. 
Coal. 

Failure to give measure or certificate, 547. 

Coaches, Cabs and Carts; 

Refusal to pay fare for vehicle, 480. 

Driver’s violation of ordinance, 481. 

Driving coach, etc., without license, 487. 

Lost baggage, failure of driver of vehicle to deliver, 492. 

Failure to post rates in vehicle, 493. 

Failure to post rates and number, 496. 

Violation of rule as to carriage stands, 499. 

Loitering off stands, 501. 

Failure to convey passengers, 502. 

Failure to give name, etc., 516. 

Refusal to convey, 526. 

General penal clause, 527. 

Standing at places other than regular stands, 531. 

Standing within twenty feet of crossing, 532. 

Deceiving patrons, etc., 535. 

Refusing to give name, ill-treating, etc., 536. 

Misleading patrons, 537. 

False representations, 538. 

Violating rule of the road, 539. 

Violating police rules for omnibus stands, 540. 

Making noise or disturbance at depots, 541. 

General penal clause, 544. 

Dogs. 

Failure to license, muzzle, etc., 549. 

Permitting dangerous dogs at large, 557. 

Not removing or killing after judgment, 558. 

For keeping more than six, 559. 

Drains and Sewers. 

Discharging steam into sewer, 566. 

Failure to supply sufficient water to carry off slops, etc., 567. 
Obstructing sewer, breaking fixtures, etc., 568. 

Depositing heavy weight upon, 568. 

Failure to clean gutters before flushing, 569. 

Excavating around sewers without permit, 571. 

Laying, altering or disturbing drains without license, 572. 

Constructing drains in violation of rules, 573. 

Refusal to allow inspection of drains, 574. 

Failure to repair or cleanse any drain, 1841. 




INDEX TO REVISED CODE. 


993 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued 

Druggists. 

Sale of liquor without permit, 575, 578. 

Electric Lights. 

Failure to repair or alter unsafe electric wires, 593. 

Fire Department. 

Members resigning without permission, 636. 

Non-employes entering engine house, 642. 

Personating firemen, 643. 

Non-employes at fire to obey orders, 644. 

Refusal of drivers of licensed vehicles to aid at fire, 645. 

Hindering firemen when on duty, 646. 

Injuring fire apparatus, 646. 

Fast driving on return from fire or driving on sidewalk, etc., 647. 
Driving on or over hose, 648. 

Unlawful removal of property, 650. 

Wrongful possession of department keys, 651. 

Defacing fire alarm telegraph poles, 653. 

Wrongful opening of alarm boxes, 654. 

Tampering with hydrants, 655. 

Using department wrenches without permit, 656. 

Giving falsQ alarm of fire, 658. 

Lighting bonfires in streets, 659. 

Using lamps in barns, etc., 660. 

Shavings, oiled rags, etc., accumulation of, 661. 

Failing to properly protect stoves in shops and buildings, 662. 
Conveyance of fire through streets, 663. 

Non-removal of combustibles, 664. 

For boiling pitch, etc., 665. 

Unlawful deposit of hay or straw, 666. 

Depositing ashes in wooden vessels or on wooden floor, 667. 
Piling lumber in prohibited places, 668. 

Firearms, Fireworks and Cannon. 

Discharging firearms within city limits, 670. 

Selling firearms to minors, 671. 

Discharging fireworks within city limits, 672. 

Using dynamite in fireworks, 673. 

Storing fireworks contrary to ordinances, 674. 

Discharging cannon without permission, 675. 

Selling fireworks contrary to ordinances, 676. 

Placing torpedoes on car tracks, 677. 

FtSH. 

Interfering with inspector, 694. 

Failure of dealer to notify inspector before sale of, 695. 

Selling without, brand, 696. 

For default of inspector, 697. 

General penalty, 698. 

Foreign Fire Insurance Companies. 

Failure of broker to report, 705. 

Failure to procure license, 705. 

Gaming. 

Maintaining or conducting gaming house, 706. 

Gambling, 707. 

Refusing police entry, 708. 

63 




994 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Gaming—C ontinued. 

Being unlawfully in possession of gambling device, 709. 

Gaming on street, 710. 

Being a visitor, keeper or runner for, 71!. 

Resisting seizure of gaming implements, 712. 

Setting up or promoting lotteries, 713. 

Owner or lessee permitting lottery in building, 714. 

Lottery agents, selling tickets by, 715. 

Advertising lottery, 716. 

Poolselling or bookmaking, 717. 

Betting or wagering, etc., pools, 718. 

Owner, lessee or occupant of building permitting poolselling, etc., 719. 
Garbage. 

Depositing at prohibited hours, 893. 

Gas. 

Unlawful tampering with public or private gas meters, 744. 

Gunpowder and Explosives. 

Selling explosives without permit, 754. 

Vessel carrying explosives, 765. 

Failing to remove vessel carrying explosives, 766. 

For manufacturing explosives, 769. 

For unlawful storage of, 770. 

Failing to have sign showing presence of, 771. 

General penalties, 772. 

Harbor. 

Vessels locating at forbidden places, 779. 

Refusing to raise, move or secure vessels, 780. 

Failing to remove, 781. 

Stopping at south pier, 782. 

Blocking passage or injuring bridge, 783. 

Speed at bridges, anchorage, 784. 

Sailing vessels not employing tug while passing bridge, 785. 

Vessel moved to bridge, etc., 786. 

Discharging of cargo, 787. 

Violating rules of navigation, 788. 

Befouling steam, 789. 

Hindering improvement of harbor, 792. 

Penalties for encroachment on harbor lines and refusing assistance in 
case of fouled craft, 795. 

Obstruction with lumber raft, 796. 

Working vessel’s engine when lying in harbor, 797. 

Limit of tow, danger signal, speed, 799. 

Condition of wharves and docks, 800. 

Opening and closing of bridges, 801. 

Dock construction and repair, 802. 

Health. 

Ambulances and physicians, refusing right of way, 833. 

Building Regulations. 

Violating article relating to, 859. 

Burial of Dead. 

V iolating article relating to, 838. 




I 


INDEX TO REVISED CODE. 


995 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Butchers. 

Failing to destroy condemned meat and unlawful slaughtering, 975. 
Violating rules governing, 982. 

Butterine. 

Violating article relating to, 844. 

Cigarettes. 

Selling without license, 882. 

Selling of adulterated, 883. 

Contagious Diseases and Infected Articles. 

Removing sign showing presence of contagious disease, 813. 

Violating regulations concerning epidemics, 815. 

Refusing to be vaccinated, 816. 

Refusing to disinfect premises, 817. 

Violating article relating to, 874. 

Fruits, Berries and Vegetables. 

Uniform quality, etc., misinforming as to, 999. 

Covering with colored netting, 1000. 

Garbage, Ashes and Refuse. 

Failure to provide garbage receptacle, 888. 

Loading on railroad cars, exception, 902. 

Removing hotel garbage, 906. 

General penalty, 913. 

Removing decayed fruit, etc., from garbage box, 913. 

Selling decayed fruit taken from barrel, box, etc., 913. 

General Regulations. 

Violating ordinances concerning privies, vaults, sinks or cesspools, 1121. 
Unlawfully locating privy vaults, 1122. 

Concerning construction and location, 1123. 

Concerning construction of vehicles for removing contents, 1125. 

Yarding cattle or swine, 1126. 

Gas, foundry, varnish factories, exhaling noxious vapors, 1130 - 
Cabbage plant, leaving uncovered, 1144. 

Drinking water, polluting of, 1144 - 

Refusing to disclose ownership of property to inspector, 1144. 

Neglect of jail keeper by exposing prisoners, H 44 - 
Obstructing water from roofs, 1144. 

Exposing dust, feathers, ashes, etc., so as to scatter, H 44 - 
Depositing matter in street gutters, 1144. 

Allowing ground to become offensively saturated, 1144. 

Allowing vessels containing offensive liquids to stand, 1144 - 
Exposing matter imperiling health, 1144* 

Misusing premises, H 44 - 
Hindering removal of filth, 1144 - 
Duty of scavengers, 1144 - 
Street sweepings, 1144 - 

Matters and things detrimental to health, 1144. 

Horse Flesh. 

Violating provisions against sale of, as food, 932. 

Hospital. 

Wrongfully or unlawfully conducting, 923. 




996 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Meat. 

Violating of sections relating to condemned meat, and slaughtering, 975. 
Violating rules governing butchers, 982.. 

Milk and Food. 

Default on part of officers, 937. 

Milk vendors, violating provisions of ordinance, 940. 

Failure to post license, 941. 

Cleanliness of cans, vehicles, etc., 942. 

Resisting inspection, 944. 

Resisting entry, 945. 

Selling impure jce, water, drugs or food, 949. 

Milk, selling of, not up to standard, 950. 

Cream, selling of, not up to standard, 951. 

Selling skimmed milk, 952. 

Selling impure, etc., milk, 953. 

Adulteration or diluting of milk, 954. 

Placing foreign substance in, 955. 

Selling impure condensed or evaporated milk, 956. 

Selling impure or unwholesome buttermilk, 958. 

Cleanliness of cow stables, 960. 

Si’ck or diseased cow, selling milk from, 961. 

Selling milk from cow before and after parturition, 962. 

Feeding of slops or refuse to milch cow, 964. 

Violating article on ice, 972. 

Violating of sections relating to condemned meat, and slaughtering, 975. 

i Night Scavengers, 

Removing night soil without permit, 1007. 

Failing to report to commissioner of health, 1009. 

Removing night soil and disposition, 1013. 

Failure of owner of privy vault to have cleaned, after notice, 1015. 
General penalty, 1017. 

Nuisances. 

Neglecting to comply with notice, 1018. 

Disposing of decaying animal matter, 1019. 

Acts declared nuisances, 1020. 

Placing refuse matter in lake, river or street, 1021. 

Matter decaying on premises, 1022. 

Allowing factories to become nuisances, 1023. 

Allowing premises to become offensive, 1024. 

Allowing cellar, vault, drain, etc., to become offensive, 1025. 

Failure to abate, on notice, 1026. 

Nuisances at common law, 1028. 

Tanneries, allowing to become offensive, 1029. [ ■ 

Bringing nuisance in city, 1030. 

Emitting dense smoke, 1047. 

Quarantine. 

Violating provisions applicable to, 1044. 

Slaughtering and Rendering. 

Offensive rendering, 1053. 

Bone boiling, bone burning, etc., 1062. 

General penalties, 1063. , 




INDEX TO REVISED CODE. 


997 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Tenements and Lodging Houses. 

General penalties, 1079. 

Unwholesome Food. 

Failing to destroy condemned meat and unlawful slaughtering, 975. 
Selling tainted meat or unwholesome food, 985. 

Selling unwholesome food, 995. 

Vaccination. 

Against principal or teacher of school for violating ordinance, 1087. 
Workshops. 

Neglecting provisions concerning, 1096. 

Failing to ventilate and keep clean stores, workshops, etc., 1100. 
Failing to provide seats for female employes, 1101. 

House of Correction. 

Daily credit of prisoners, 1148. 

Violating rules by inmates of, 1150. 

Molesting superintendent, 1151. 

Payment of fines at, 1159. 

Junk Dealers. 

Violating any provision of article concerning, 1800. 

Lamps. 

Defacing or injuring post office boxes, 1690. 

For extinguishing light, 1691. 

Injuring lamps, 1692. 

Removing lamp-posts, 1693. 

Failing to reset lamps, 1694. 

Hitching to lamp-posts, 1695. 

Licenses. 

Licensee subject to ordinances, 1167. 

Revocation of license for violating any provisions, 1167. 

Library. 

Injuring free library books, 1162. 

Injuring furniture, etc., 1163. 

Failure to return books, 1164. 

Liquor. 

Giving concert in saloon without permit, no. 

Allowing females to wait on customers, 1176. 

Neglecting to comply with requirements of application for, 1176. 

Ill-governed saloons, 1179 - 

Violation of provisions governing, 1180. 

Refusal to post license, 1181. 

Unlicensed sales, 1182. 

Sale at other than place named in license, 1184. 

Prohibited hours of sale, 1185. 

Habitual drinkers, notice, 1186. 

Selling, etc., to minors, 1187. 

Brewers and distillers, violation of provisions governing, 1193. 
Wholesale malt dealers, violation of provisions governing, 1201. 
Wholesale spirituous dealers, violations of provisions governing, 1207. 
Wholesale vinous .dealers, violations of provisions governing, 1213. 
Selling to minor in habit of becoming intoxicated, 1276. 

Gambling in saloons by minors, 1277. 

Minor obtaining liquor by false pretense, 1278. 






998 INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, sei Vol. II. 


Penalty —Continued. 

Lumber. 

Dealing in, without license, 1216. 

Markets. 

Violating provisions governing Randolph street market, 1229. 
Violating provisions in article governing sale of hay, 1249. 

Minors. 

Employing child under fourteen, 470. 

Evasion of ordinance prohibiting employing children, 471. 
Selling fire-arms to, 671. 

Permitting minors to drink or gamble in saloon, 1187. 

Minor purchasing liquor, 1276. 

Permitting minors to gamble in saloons, 1277. 

Minor, falsely stating age, 1278. 

Selling material impregnated with liquor, 1280. 

Selling deadly weapons to minor, 2001. 

Misdemeanors. 

Wearing of hat or bonnet in theater, 1253. 

Proprietor, for allowing hats to be worn in theater, 1258. 

Speeding of horse or horses on streets, 1259. 

Turning street corners, 1260. 

Issuing from alley, 1261. 

Loose horse on street, 1262. 

Driving on sidewalk, 1263. 

Racing in street, 1264. 

Auction sale of animals on street, 1265. 

Driving sleigh or cutter without bells, 1266. 

Driving on bridges faster than walk, 1267. 

Leaving horse or horses unfastened, 1268. 

Violating provisions governing use of tunnels, 1272. ,, 

Trees obstructing public lamps, 1273. 

Injuring or destroying trees, 1274. 

Failing to cut off lower limbs of trees, 1275. 

Purchase of liquor by minors, 1276. 

Gambling in saloons by minors, 1277. 

False representations, 1278. 

Flipping” or jumping on cars, 1279. 

Selling to minors materials impregnated with liquor, 1280. 

-Building or maintaining barbed wire fence, 1283. 

Having spikes in railings and fences, 1284. ’ 

Cruelty to animals, 1285. 

Itinerant nuisances, etc., 1286. 

Disorderly conduct, 1287. 

Breach of the peace, 1287. 

Keeping or maintaining houses of ill-fame or assignation, 1288-91 
iNignt walkers, 1292. ' 

Ill-governed or disorderly houses, 1293. 

Circulating impure literature relating to diseases, 1294-5. 

Inderpm 01 ^ ex llbltmg mdecent literature,-.immoral exhibitions, 1296. 
indecent exposure, 1297. y 

Indecent, lewd and filthy acts, 1298. 

Indecent exhibition of animals, 1299. 

Medicine or decoction, selling poisonous, 1300. 




INDEX TO REVISED CODE. 


999 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Misdemeanors —Continued. 

Medicine, selling under false name, 1301. 

Quack nostrums, advertising of, 1302. 

Opium smoking places, keeping or frequenting, 1303. 
Burglar’s tools, being in possession of, 1304. 

Lounging and loafing on streets, etc., 1305. 

For being vagabonds and vagrants, 1306. 

Not protecting clay holes and excavations, 1307. 
Defacing public buildings, etc., 1308. 

Defacing signs, fences, etc., 1309. 

Scaffolds, unlawful construction of, 1310. 

Violating rule of the road, 1311. 

Keeping flower pots on window sills, etc., 1312. 

Boarding or leaving cars while in motion, 1313. 
Bathing in lake or river, 1314. 

Religious meetings, disturbing, 1315. 

Birds, killing within city limits, 1316. 

Handbills, distributing, 1317. 

Deformed or mutilated limbs, exposing, 1318. 

Wild animals, exhibiting on street, 1319. 

Gutters, sewers or pipes, obstructing, 1320. 

Rinds and peels on sidewalk, casting, 1321. 

Casting dangeious materials in streets, 1322. 

Sod or earth in streets, removing, 1323. 

Games and performances in streets, 1324. 

Liquid in streets, throwing, 1325. 

Missiles, throwing, 1326. 

Cleansing goods in streets, 1327. 

Kites, flying in streets, 1328. 

Officers. 

Failure to deliver property to successor, 1338. 

Violating provisions of chapter XLIII, 1340. 

Oils. 

Violations of provisions of chapter, 1364. 

Ordinances. 

Minimum, but no maximum, 1366. 

Parks. 

General penalty, 1387. 

Pawnbrokers. 

Failing to take out license, 1388. 

General penalty, 1405. 

Peddlers. 

Failing to take out license, 1406. 

Sunday, doing business on, 1410. 

Fraud, misrepresentation, etc., 1412. 

For failing to have measures inspected, 2019. 

'Selling less than legal measures, 2020. 

Not giving certificate of weight or measure, 2021. 

Using incorrect or faulty weights and measures, 2021-2. 
Refusing to exhibit weights and measures, 2023. 
Interfering with officer, 2024. 




1000 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Plumbers. 

Failing to take out license, 1421. 

Turning on water without permit, 1425. 

General penalty, 1427. 

For any violation of article, 14/6. 

Police. 

Violating rules of department, 1488, 1497. 

Suspension pending charges, 1499. 

Misconduct, 1515. 

Impersonating officer, 1521. 

Counterfeiting bad^e, 1522. 

Resisting officer, rescuing prisoner, 1523. 

Cabmen, drivers and runners, failing to obey police officers, 1524. 

Police Court Clerk. 

Violating ordinance concerning, 1554, 155 7 - 

Pounds. 

Allowing animals to run at large, 1574. 

Purchase of animals by persons impounding, 1589. 

Breaking pound, 1590. 

Hindering taker of animal, 1591. 

Unlawful taking, 1594. 

Public Works. 

For boring in streets, 1666. 

Injuring postoffice boxes, 1690. 

* For extinguishing light in street lamps, 1691. 

Against contractor for not lighting, 1691. 

Injuring public lamps, 1692. 

Removing street lamp-posts, 1693-4. 

Hitching to lamp-posts, 1695. 

For draining sewers in river, slips, etc., 1698. 

Railways. 

For laying track without permit, 1702. 

Neglecting to keep portions of streets in repair, 1708. 

Failing to provide conductor for each car, 1709. 

For stopping in front of fire engine house. 1710. 

For failing to keep watchman at steam railway crossings, 1711. 
For obstructing street railway tracks, 1713. 

For not sprinkling tracks, 1715. 

For failing to remove snow and other accumulations, 1717. 

For failing to heat street cars, 1719. 

For not running cars as public require, 1721. 

For not running night cars, 1722. 

For not issuing transfers, etc., 1725. 

For not posting ordinance in cars, 1725. 

For violating provisions of street railway ordinances, 1726. 
Obstructing street by empty car, 1737. 

For not stopping at Clark and 16th streets, 1739. 

For not providing bumping posts at terminus, 1740. 

Failure to erect gates, 1744. 

Trains more than 700 feet in length, 1746. 

General clause, violation of article, 1747. 









INDEX TO REVISED CODE. 

l 


1001 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Railways— Continued. 

For violating ordinances relating to speed, 1755. 

For failing to provide lights at street crossings, 1757. 

Snow, failing to remove from tracks, 1758. 

For changing steam power to electric power without permit from 
council, 1761. 

Elevated roads, failing to light street intersections, 1764. 

River. 

For placing obstructions in, 1765. 

For vessels dragging anchor, etc., 1768. 

Runners and porters, violating article concerning, 1778. 
Second-hand Dealers. 

For violating article relating to, 1787. 

For purchasing from minors, 1805. 

Doing business after hours, 1806. 

Dealing in bottles with metal stoppers, 1807. 

Purchasing mechanics’ tools, 1808. 

Failing to hold articles ten days, 1809. 

Failing to advertise lost articles and notify police, 1810. 

Failing to expose goods, 1811. 

General penalty clause, 1813. 

Sidewalks. 

Failure to obtain grades, 1815. 

Placing smooth glass in, 1818. 

Building on different grade, 1819. 

Laying wooden sidewalk in stone district, 1821. 

Erecting movable awning, contrary to ordinance, 1823. 

Erecting fixed awning, contrary to ordinance, 1824. 

Using of space underneath without permit, 1829. 

Failing to properly secure cover, 1833. 

For occupying outer edge more than tw T o hours, 1836. 

For occupying more than 3 feet next to building lines, 1837. 

Placing stands for fruit and merchandise on, 1839. 

Failure of owner to repair, 1841. 

For hitching horse so as to obstruct, 1842. 

Failure to provide hitching ring, 1843. 

For driving on sidewalk, 1844. 

For obstructing crosswalks, 1845. 

For using sidewalk for prohibited purposes, 1846. 

Using sidewalk for bicycle or vehicle, 1847. 

Loading or unloading on sidewalk, 1848. 

For removing planks from, 1849. 

For injuring sidewalk, 1850. 

For cleansing with water during certain months, 1851. 

For interfering with removal of obstructions, 1852. 

For leaving opening uncovered, 1853. 

General clause for violations, 1855. 

Signs. 

Failing to properly hang, size, removal, 1909-10. 

Injuring street signs, 1914- 
Erecting sign posts on, 1916. 

Posting signs on private grounds, 1917. 

General clause concerning signs, 1918. 




1002 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Soap Factory. 

For running without license, 1922. 

Stationary Engineers. 

For tending boiler without license, 1931. 

Steam Boilers. 

Against boiler inspector for charging excess of fee, 1945. 

For negligence of engineer, 1948. 

For violation of ordinance concerning steam boilers, 1950. 

Steam Whistles. 

For violating ordinances on steam whistles, 1959. 

Streets. 

Failing to number houses, 1863. 

Altering numbers, 1864. 

For keeping toll road or gate, 1868. 

For driving cattle in streets, 1869. 

For circus processions without permit, 1870. 

For processions and open air meetings without permit, 1871. 

Failing to remove obstructions, 1872. 

For allowing vehicles to obstruct, 1874. 

For holding sales on streets, 1875. 

Disobeying officers in street blockades, 1876. 

Depositing material on, 1877. 

For insecure wagon boxes, 1878. 

For overloading wagon boxes, 1879. 

Injuring pavements, removing material, hindering repairs, etc., 1880 
Placing incumbrhnce or obstruction in, 1881. 

Erecting building in street, 1882. 

Obstructing streets hereafter to be opened, 1883. 

For refusing to move obstructions, 1884. 

For delay in moving house, 1885. 

For not removing sand from newly paved street, 1888. 

For displacing proper obstructions, 1890. 

For failing to use signal lights, 1895. ’ 

Building materials, obstructions, lights, 1896. 

General clause relating to violation of ordinance relating to streets 1901. 
hor electing poles and wires without permit, 1902. 

For failing to place two miles of wires under ground each year, 1903. 
otreet ends, wharfing privileges, obstruction of, 1907. 

Tanneries. 

For conducting business without license, 1963. 

Telegraph. 

Placing telegraph poles and wires in streets, without permit, 1902. 
Trees. 

Obstruction by, injuring of, etc., 1273-5. i 

Tunnels. 

\ iolation of provisions governing, 1272. 

Vagrancy. 

Lounging and loafing, 1305. 

Against vagabonds and vagrants, 1306. 




INDEX TO REVISED CODE. 


1003 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty —Continued. 

Water. 

Tank for water, violation of provisions concerning, 458. 

Pollution of drinking water, mi. 

For failure of persons to preserve purity, 1112. 

Interfering with drinking hydrant, 1113. 

Connections by unlicensed persons, 1968. 

For tampering with mains and pipes, 1969. 

For wrongful turning on of water, 1970. 

For obstructing accesss to stop cocks, 1977. 

For violation of ordinances relating to water, 1979. 

Weapons. 

For carrying concealed weapons, 1999. 

For selling knuckles, slung shots, etc., 2003. 

For selling weapons to minors, 2003. 

Dealers to keep register, failure of, 2003. 

Weights and Measures. 

For using incorrect scales, 2012. 

For using incorrect measures, 2020. 

For selling incorrect amount, 2020. 

For using without certificate, 2021. 

For using incorrect or faulty measures or scales, 2022. 

For refusing to exhibit to inspector, 2023. 

Interfering with officer, 2024. 

Weighers. 

For violating ordinance relating to city weighers, 2036. 
(Constitution.) 

Indictment not necessary for punishment by fine, 2127. 

To be proportioned to nature of offense, 2128. 

(Statutes.) 

Misconduct of mayor or other officer, 2186. 

Quorum of council, non-attendance, 2199. 

Power of city council to use county jail, 2225, cl. 70. 

Power of city council to impose fines for nuisances, 2225, cl. 75. 

Power of city council to pass penal ordinances, 2225, cl. 96. 

Penal ordinances take effect, when, 2227. 

Action to recover, brought in name of city, 2229. 

Fines, etc., paid to treasurer, 2230. 

Procedure for imposition of, 2231. 

Council may provide for working out, 2231. 

Officer failing to turn over books, etc., to successor, 2239. 

Bribery of officials, 2242. 

Private use of moneys by city treasurer, 2259. 

Detention of moneys by city collector, 2265. 

Selling lands for taxes where same have been previously paid, 2319. 
Doors of public buildings, churches, theaters, etc., to open outward, 2448. 
Violations of provisions of civil service act, 2518. 

Conviction, disqualification for holding office, 2519. 

For violation of license for selling other than malt liquor, 2603. 
Mutilating register of electors, 2700. 

Obstructing view of ballot box, 2701. 

Miscellaneous offenses against election law, 2730-50. 

Offenses against primary election law, 2821. 

Penalty for violation of act, 2840. 




1004 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Penalty— Continued. 

City may impose penalty by ordinance, 28S0. 

For fast driving over bridge, 2890. 

For failure to erect fire escapes, 2894. 

Imprisonment in house of correction, in lieu, etc., 2922. 

For injury to library building, books, etc., 2945. 

Accepting bribes by municipal officers, 2968-71. 

Oil inspector, misconduct of, 2977-9. 

Fines imposed, imprisonment until paid, 2980. 

Limit of imprisonment for each offense, 2980. 

False certificate of municipal record, 2987. 

Neglecting to plant corner stone, 3019. 

Selling lots without recording plat. 3020. 

Engineer starting train without signal, 3037. 

Neglect of railroad company to maintain highway crossings, 3041. 
Failure to stop train at drawbridge, 3043. 

Stoning railroad train, 3046. 

Speed of railroad trains through cities, 3047. 

Neglect to place flagmen at crossings, 3048. 

General penalties for violation of provisions concerning railroads, 3049. 
Construction of tenement houses, 3221-2. 

Pension. 

See Relief Funds. 

Perjury. 

(Constitution.) 

Conviction of, disqualifies for office, 2131. 

Permits. 

See Lice 7 ise; Public Works {Permits'). 

Required to prosecute business of blasting, 172. 

No building permit to issue pending ordinance under eminent domain, 226. 
Fees for building permits, by whom collected, 231. 

Permits to erect, enlarge, repair and remove, buildings, 253. 

Application for building permit, mode of issue, 254. 

Prerequisites of issue of building permit, 256. 

Bond to be filed before issue, 256. 

Fees for water used in building, 257. 

Fees for building permits, 258. 

To occupy street or sidewalk during building operations, 259. 

Same, limitations, 262-3. 

Location of hospital, consent of residents, 265. 

Location of stable, gas house, paint, oil or varnish works, 266. 

To alter or raise wooden buildings, 268. 

To move wooden buildings, 269. 

Housemover’s permit to move building, 270. 

Revocation of building permits, 271. 

Raising frame buildings, 274. 

For alteration of use of building, 284. 

Permits for theater buildings, contents of, 428. 

For fire escapes, 452. 

For water tanks, 454. 

For employment of children over ten years of age, 468 i 

Drain layer’s, 564. 

Excavating around sewers, 571. 




INDEX TO REVISED CODE. 


1005 


References are to sections. For index to Special Ordinances, see Vol. II. 


Permits— Continued. 

Druggist’s permit to sell liquor, 575. 

Fee for same, 576. 

For use of electrical current, 591. 

Permit to plumber for repairs, 1422. 

Permit corrected tor change of work, 1424. 

To turn on water, 1425. 

To be returned, 1426. 

For use of water, 1428. 

Opening of streets, 1436. 

For excavations in streets, 1665. 

Required to lay railroad tracks, 1700. 

Fee for permits, 1701. 

To use space underneath sidewalks, 1826. 

Fee for such permits, 1826. 

Mayor to grant for circus parades, 1870. 

Police department to grant for processions, 1871. 

For connections with water mains, 1968. 

Personal Property. 

(Statutes.) 

Belonging to cities, how sold, 3026-8. 

Petition. 

(Statutes.) 

City to file, in matter of special assessment for local improvement, 2282. 
Form of such petition, 2283. 

Filing petition, 2284. 

Hearing, jury, 2285. 

Supplemental petition to assess damages in condemnation case, 2330. 
Of voters for annexing territory, 2378. 

Notice of proceedings for filing petition for annexation, 2381. 

Petition by owner or owners for annexation, 2384. 

Petition to disconnect territory, 2385. 

For annexation of cities, incorporated towns, etc., 2394. 

For territory less than one-half square mile in extent, 2395. 

For not less than the whole of incorporated city, etc., 2395. 

For whole and also part of a city, etc., 2396. 

Dramshops in annexed territory, petition required, 2411. 

Petroleum. 

See Oil. 

Storage of, location limited, specifications, 466. 

(Statutes.) 

Power of city council to regulate and prevent storage, 2225, cl. 65. 

Pharmacy. 

See Druggist. 

Physician. 

See City Physician. 

Physician’s right of way, 833. 

Duty to report births and deaths, 835- 

Duty to keep register of births and deaths, 836. 

Duty to report contagious disease, 860. 

Duty to report death from contagious disease. 861. 

Vessel or boat physician to report,* etc., 867. 




1006 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Physician —Continued. 

May be employed at house of correction, 1158. 

Not to prepare or administer fraudulent prescription, 1301. 

(Statutes.) 

Equal privileges in public hospitals, 2911. 

Pig. 

Sale prohibited when less than five weeks old, 993. 

Not to be kept in tenement house, 1073. 

Pig Sty. 

(Statutes.) 

Power of city council to locate, cleanse and abate, 2225, cl. 84. 

Pigeonhole Table. 

(Statutes.) 

Power of city council to license, regulate, tax or prohibit, 2225, cl. 44. 

Piling Lumber. 

Prohibited within 100 feet of planing mill, etc., 668. 

Pin Alley. 

See Billiard and Pool Tables. 

(Statutes.) 

Power of city council to license, regulate or prohibit, 2225, cl. 44. 

Pipes. 

Boring in street prohibited, 1665. 

Pitch. 

Boiling prohibited, 665. 

(Statutes.) 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 

Plats. 

(Constitution.) 

Vacation of by legislature prohibited, 2133. 

(Statutes.) 

Laying out towns, subdivisions, etc., 3016. 

Certificate of surveyor, acknowledgment, record, 3017. 

Dedication, effect of, 3018. 

Neglect to plant corner stone, 3019. 

Penalty for selling without plat recorded, etc., 3020. 

Vacation of plat, how made, 3021-2. 

Cancelling plat of record, 3023. 

Plats of highways to be made and recorded, 3024. 

Prosecuting offenders, 3025. 

Pleasure Driveways. 

See Parks and Public Grounds. 

Pledge, 

See Pawnbroker. 

Junk dealer prohibited from receiving pledge or pawn, 1795. 

Plumbers and Plumbing. 

Plumbers only to make sewer connections, 856. 

License, to whom issued, fee, 1415. 

Application for license, bond, 1416. 

Applicants to be examined, 1417. 

Change of name or location, 1418. 




INDEX TO REVISED CODE. 


1007 


References are to sections. For index to Special Ordinances, see Vol. II. 


Plumbers and Plumbing —Continued. 

License to firm, not transferable, 1419. 

Licensee liable for employes, 1420. 

Plumbing without license prohibited, 1421. 
Permit for repairs, etc., 1422. 

Water meter to be tested, 1423. 

Change in work, permit corrected, 1424. 
Permit to turn on water when shut off, 1425. 
Permits to be returned, report, 1426. 

Forfeiture of license, 1427. 

Permit for use of water, 1428. 

Tapping street main, 1429. 

Excavation in street, 1430. 

Weight of lead pipe, 1431. 

Service pipes from street mains, 1432. 

Stops and waste cocks, 1433. 

Location of stop cock and cover, 1434. 

Single tap for several buildings, 1435. 
Opening and repair of streets, permit, 1436. 
Steam boilers, supply tank, 1437. 

Exposure of pipes and traps, 1438. 

Sewer connections, 1439. 

Soil and waste pipes above roofs, 1440. 
Extension of soil and waste pipes, 1441. 
Horizontal soil and waste pipes, 1442. 

Diameter of soil and waste pipes, 1443. 

Traps of soil and waste pipes, 1444. 

Quality of iron pipes, 1445- 
Iron pipe and fittings, 1446. 

Filling of pipe joints, 1447 - 
Lead pipe connections, 1448. 

Trap protection, 1449. 

Trap vent, 1450 - 

Safes and fixtures, 1451. 

Overflow pipes, 1452. 

Refrigerator drain pipes, 1453 - 
Boiler sediment pipe, 1454 - 
Steam exhaust pipes, 1455 - 
Water closets, 1456. 

Water closet overflow, 1457 - 
Waste from fixtures, 1458. 

Water closets outside of buildings, 1459. 
Closets', sinks, etc., trapping, 1460. 

Location of traps, 1461. 

Re-vent dispensed with, 1462. 

Re-vent branched to soil pipe, 1463. 

Location and quality of pipes, 1464. 

Pan closets prohibited in buildings, 1465. 
Ventilators, use of chimneys prohibited, 1466. 
Cistern valves, 1467 - 
Draining of yards and areas, 1468. 

Tanks for drinking water, 1469. 

Rain water leaders, 1470. 

Wooden wash trays and sinks, I47 1 - 
Catch basins, 1472. 




1008 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Plumbers and Plumbing— Continued. 

Work tested by department of health, 1473. 

Special permits, 1474. 

Commissioner of health to be notified, 1475. 

Penalty for violations, 1476. 

Plumbers allowed to sell lead pipe, etc., to junk dealers, 1796. 
Obtain permit to connect with water mains, 1968. 

Revents branched or dispensed with, 2119. 

(Statutes.) 

Tenement house plumbing to be approved, 3219. 

Tenement house plumbing to be inspected, 3220. 

Penalty for failing to observe health commissioner's rules, 3222. 

Poisonous Medicine. 

Not to be sold, exception, 1300. 

Poles, Wires, etc. 

See Telegraph a?id Telephones. 

(Statutes.) 

Power of city council to regulate poles on streets, 2225, cl. 17. 

Police. 

Department of police created, 1477. 

Superintendent. 

Office of superintendent created, 1478. 

Appointment of, 1479. 

Bond, 1480. 

Control of department, 1481. 

Removal and reduction of members, 1482. 

Custody of property, 1483. 

Duty to preserve peace, 1484. 

Protect rights of persons and property, 1485. 

Nuisances, obstructions in streets, etc., i486. 

Police districts, and precincts, 1487. 

Superintendent to prescribe rules and regulations, 1488. 
Appoint special patrolmen, 1489. 

City employes may be appointed as special police, 1490. 
Special police for special duty, 1491. 

Special patrolmen shall conform to rules and regulations, 1492. 
Custodian of stolen property, 1493. 

Bonds from subordinates handling money, 1494. 

Uniforms and badges, 1495. 

Charges preferred, reduction, discharge, 1496. 

Trial and discipline of officers, 1497. 

Violation of rules and regulations, 1498. 

Suspension pending charges, 1499. 

Records of department, 1500. 

Annual estimate, 1501. 

Quarterly report, 1502. 

Payments from police fund, 1503. 

Enforcement of department orders, 1504. 

Provision for office clerks, 1505. 

Superintendent to furnish copy of rules, 1506. 

Secretary. 

Duties of, 1507. 




INDEX TO REVISED CODE. 


1009 


References are to sections. For index to Special Ordinances, see Vol. II. 


Police —Continued. 

Members of the Department. 

Duty of members, 1508. 

Power of arrest, 1509. 

Service of process, 1510. 

Police to aid fireman, 1511. 

Report and delivery of property seized, 1512. 

Duty 10 report excavations in streets, 1513. 

Members to wear badges, 1514. 

Misconduct of members, 1515. 

Receive salary while disabled, 1516. 

Rewards prohibited, 1517. 

Rewards, when allowed, 1518. 

Unexplained absence without leave, 1519. 

Removed member ineligible for reappointment, 1520. 
Impersonating an officer, 1521. 

Counterfeiting badge, 1522. 

Resisting an officer, 1523. 

Control of hackmen, drivers, porters and runners, 1524. 
Railway tickets for uniformed officers, 1525. 

Tickets and star to have similar number, 1526. 

Carter H. Harrison medal for bravery, 2113. 

Mayor’s Police. 

Duties of, 1527. 

Compensation of, 1528. 

Mayor 10 report appointment of. 1529. 

Matrons. 

Appointment of matrons, 1530. 

Salary of matrons, 1531. 

Duties of matrons, 1532. 

Prohibited communications, 1533 - 

Record of cases, 1534 - 

Rules governing matrons, 1535. 

Humane Society. 

Appointment of special police, 1536 - 
Duties and powers bf, 1537 - 
Compensation of, 1538 - 
Amusement halls, duties, 118. 

Amusement halls, special police, 121. 

Bath houses, massage, manicure, etc., open to inspection, 145. 
Arrest of bicycle riders, release, 150. 

Receipt to be given for bicycle, 151. 

Power to enter bakery, seizure of bread, 190. 

Bread seized, how disposed of, 191 - 
Inspectors of vehicles, appointment, 475 - 
Duty as to lost baggage, 492. 

Duty of, relative to coaches, cabs and carts, 5 ° 3 - 
Public carts, stands to be assigned, 513. 

Public carts, control of, 514. 

To determine disputes with cartmen, 520. 

Designating omnibus stands, 54 °- 
Dogs, duty to impound, 552. 

Dogs, duty to impound or remove if vicious, 550. 

Duty to enforce ordinance on drains, 570- 
Inspection of druggists’ record of sale of liquor, 577. 

0-1 




1010 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Police —Continued. 

Duty in relation to firearms, fireworks and cannon, 678. 

Duty as to gaming and gaming devices, 708. 

Duty as to seizure of gaming implements, 712/ 

Police powers of harbor master and assistants, 790. 

Duty as to right of way of ambulance, 833. 

Police to see that physicians have right of way, 833. 

Duty as to entry in case of nuisance, 1031. 

Duty as to smoke nuisance, 1048. 

Power to arrest violators of park ordinances, 1385. 

Pawnbrokers, register open to inspection of, 1394. 

Pawnbroker to report to, 1396. 

Report violations to mayor, 1403. 

Duty of secondhand dealer to report each day, 1785. 

Record of, open to inspection by police, 1786. 

Registry of junk dealers open for inspection, 1799. 

Secondhand dealers to notify police of lost articles, 1810. 

Junk dealers to notify police of lost articles, 1810. 

To inspect junk shops, pawnbrokers’ and secondhand dealers’ stores, 1812. 
Duty to report defects in sidewalks to department of public works, 1854. 
Duty to report accidents on sidewalks to law department, 1854. 

To enforce ordinances relating to sidewalks, 1856. 

To remove or report obstructions on sidewalk, 1856. 

Superintendent may grant permits for processions and open air meetings, 
1871. 

Remove vehicles obstructing streets, 1874. 

Duty to take charge of street blockades, 1876. 

Duty to see that ordinances relating to signal lights 01 obstructions are 
enforced, 1900. 

Duty to give notice in case of unlawful signs, 1910. 

To report infractions of ordinance on licensing steam engineers, etc., 1934. 
Duty to see ordinances relating to water are observed, 1978. 

Duty to arrest persons carrying concealed weapons, 1996. 

Police may carry concealed weapons, 1998. 

(Statutes.) 

Power of city council to regulate police and pass police ordinances, 2225, 
cl. 66. 

Power of city council to prescribe duties of superintendent, etc., 2225, cl. 68. 
Conservators of the peace, power of arrest, 2246. 

Jurisdiction of in serving process, 2246. 

District defined, 2247. 

Powers of, within district, 2248. 

Transfer of policemen in connection with annexed territory, 2410. 

Trustees of sanitary district to appoint, 2584. 

Subject to superintendent of police, 2584. 

Duty to assist canvass of voters, 2677. 

Remove obstruction from view of ballot box, 2704. 

Fast driving on bridges, duty of police, 2890. 

Jurisdiction of, police districts, 2935-6. 

Park commissioners may appoint and support, 2989. 

Not to convey prisoners in uncovered patrol wagons, 3014. 

All fines for violations of rules to go to relief fund, 3052. 

Superintendent member of board of trustees police and firemen’s relief 
fund, 3053. 

Fines imposed for violations of rules to police fund, 3078. 





INDEX TO REVISED CODE. 


1011 


* References are to sections. For index to Special Ordinances, see Vol. II. 


Police— Continued. 

All rewards to go to police fund, 3078. 

One per centum per month of salaries to go to police fund, 3078. 
Superintendent member of police fund commissioners, 3079. 

Police Courts. 

Establishment of, 1539. 

Names of courts, 1540. 

Appointment of officials, 1541. 

Qualifications of justices, 1542. 

Special bail, amount, condition, 1565. 

Surety to be a householder, form of bond, 1566. 

Approval of bond, qualification of surety, forfeiture, 1567. 

Clerk to report to comptroller forfeited bonds, 1567. 

Cash substitute for bail, 1568. 

Duty of captain or lieutenant as to cash deposits for bail, 1569. 

Notice of forfeited bonds, refusal to accept same surety thereafter, 1570. 
Police Court Bailiffs. 

Appointment, 1541. 

Compensation by salary, relinquishment of fees, 1545. 

Fees paid into city treasury, 1545. 

Deputy appointed by comptroller, bond, 1547. 

Sworn in as policemen, duties, 1555. 

Responsible for executions, 1555. 

Bonds, 1556. 

Misconduct, suspension, removal, 1557. 

Failure to comply with ordinance, 1558. 

Salary ceases on suspension, 1559. 

Receipt for refunded fine, report to comptroller, 1560. 

Reports checked by comptroller, discrepancy, penalty, 1561. 

Record of executions, disposition, 1562. 

Weekly report to comptroller, 1563. 

Monthly report to comptroller, 1564. 

Police Court Clerks. 

Appointment, 1541. 

Compensation by salary, relinquishment of fees, 1545. 

Fees paid into city treasury, 1545. 

Bond approved by mayor and comptroller, 1546. 

Deputy appointed by comptroller, bond, 1547. 

Absence of clerk, vacancy, 1548. 

Clerk shall keep complete docket, 1549. 

Daily sworn report to comptroller, 1550. 

Collect fines and pay over daily, 1551. 

Witness fees taxed and paid over, 1552. 

Witness fees, payment, 1553. 

Failure to report, penalty, 1554. 

Substitute appointed, 1554 - 
Removal of delinquent clerk, 1554. 

Failure to comply with ordinance, suspension, 1558. 

Salary ceases on suspension, 1559. 

Take receipt for refunded fine, 1560. 

Report same to comptroller, 1560. 

Reports checked by comptroller, discrepancy, penalty, 1561. 

Report to comptroller forfeited bonds, 1567 - 
Duty when cash deposited for bail, 1569. 




1012 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Police Courts— Continued. 

Police Court Magistrates. 

Appointment, 1541. 

Qualification, 1542. , 

Docket of causes heard, 1543. 

Make daily report to comptroller, 1544. 

Compensation by salary, relinquishment of fees, 1545. 
All fees paid into city treasury, 1545. 

Approval of bonds, 1567. 

Not to accept surety after forfeiture of bond, 1570. 
(Constitution.) 

Jurisdiction not changed by special laws, 2133. 

Reside in district, jurisdiction to be uniform, 2139. 
(Statutes.) 

Jurisdiction of, for violation of ordinances, 2232. 

In territory detached by annexation serve term, 2409. 
Jurisdiction of fast driving on bridges, 2890. 

Commit to house of correction, 2922. 

Police and Firemen’s Relief Fund. 

See Relief Funds. 

Fines and license fees credited to, 46. 

Police Magistrate. 

See Police Court Magistrates. 

Police Pension Fund. 

See Relief Funds. 


Pool Selling. 

' See Gaining. 

Pool Tables. 

See Billiard and Pool Tables. 

Population. 

(Statutes.) 

Number of inhabitants of city, etc., to be determined by latest United States 
census, 2352. 


Porters. 

!_See Runners and Porters. 

(Statutes.) 

Power of city council to license and regulate, 2225, cl. 42, 

Possession. 

(Statutes.) 

Order for, in special assessment cases, 2293. 


Post Office Boxes. 

On street lamp-posts, penalty for injuring. 

Poultry. 

Unsound, diseased or unwholesome, to be 
Prohibited sale of unwholesome, 992. 
(Statutes. N 


1690. 

reported, 984. 


Power of city council to regulate sales and inspection of, 2225, cl. so, 53 




INDEX TO REVISED CODE. 


1013 


References are to sections. For index to Special Ordinances, see Vol. II. 


Pounds and Pound Masters. 

Dogs. 

Record of duplicate list of licensed dogs, 550. 

Registry of impounded dogs, notice, 553. 

Redemption of dogs, destroying, 554. 

Redemption of dog where tag is lost, 555. 

Impounding or removing vicious dogs, 556. 

Cattle, etc. 

Pound limits, 1574. 

Districts defined, 1575. 

Appointment of pound masters, 1576. 

Location of pounds, 1577. 

Bonds of pound keepers, 1578. 

Duties, 1579. 

Personal fee for impounding animal, 1580. 

Name of persons impounding animals entered on books, 1580. 
Fees for impounding and for sustenance, 1581. 

Redemption of animal, 1582. 

Proceeding as to impounded animal, 1583. 

Proceedings where owner is unknown, 1584. 

Notice of trial, 1584. 

Docket entry of justice, 1585. 

Right of trial by jury, 1586. 

Execution on judgment, 1587. 

Notice of sale of animal, 1588. 

Form of notice, number of days, 1588. 

Purchase of animal impounded, 1589. 

Breaking pound, 1590. 

Hindering taker of animal, 1591. 

Keeper’s monthly report to comptroller, 1592. 

Proceeds of the sale of animals, 1593. 

Unlawful taking of animal, 1594- 
Keep books and records, 1595. 

Salaried office, no fees, 1596. 

Power of mayor to remove, 1597. 

Powder. 

See Gunpowder imd Explosives. 

Powers. 

See City Council. 

(Statutes.) 

General powers of city, 2168. 

Powers of city council, 2225. 

Prescriptions. 

Selling under fraudulent name, 1301. 

Primary Elections. 

See Elections. 

(Statutes.) 

Crawford law, 2813. 

Printing and Publication. 

See Official Newspaper; City Printing. 





1014 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Prisoners. 

Cook county prisoners in house of correction, 1149. 

Report of prisoners by superintendent of house of correction, 1156. 
Prisoners from other counties than Cook in house of correction, 1157. 
(Statutes.) 

Release of violators of ordinances by mayor, 2181. 

Power of city council to provide places for detention of, 2225, cl. 69. 
Power of city council to use county jail for detention of, 2225, cl. 70. 


Privy, Water-closet, Vault, Sink, Cesspool. 

Defining “night scavengers,” 1004. 

License required, 1005. 

Removal of night soil, 1007. 

Report to commissioner of health, 1009. 

Manner of removal, 1010. 

Removed out of city, ion. 

Hours of removal, 1013. 

Compensation to scavengers for cleaning, 1014. 

Notice to owner when vault is offensive, 1015. 

Abatement of vault as a nuisance, 1016. 

Penalty for removing contents of privy without license, 1017. 
Cellar, vault, drain, not to become offensive, 1025. 

Abatement on notice, 1026. 

Duty of commissioner of health to make examination, 1031. 
Adequate water-closets in tenement house, etc., 1070. 

Penalty for failure to provide, 1079. 

Workshops to keep privy, etc., in cleanly condition, 1098. 
Sufficient and separate privies for male and female employes, 1098 
Penalty for failure to provide, 1100. 

Garbage or refuse in privy, etc., prohibited, 1114. 

Not allowed to become offensive, 1115. 

Construction of, 1116-17. 

Disinfection before removal, 1118. 

Individuals not to move contents, 

Drawing off contents, 1120. 

Penalties, 1121. 

Location of privy vault, 1122. 

Construction and location where a 


1119. 


II 43 - 

1443 - 


.. , , , -- - - public sewer exists, 1123. 

Shall be abated when offensive, 1124. 

Vehicles tor removing, 1125. 

Vessels containing offensive liquids, 1137. 

Matters and things detrimental to health. 

Waste or soil pipes, diameter as to sinks, 

Trap protection, 1449. 

Water-closets, where placed, 1456. 

Water-closet overflow, 1457. 

Water-closets outside of buildings, 1459. 

Closets, sinks, etc., trapping, 1460. 

Re-vent dispensed with, when, 1462. 

Re-vent branched to soil pipe, 1463. 

Wash trays, sinks, 1471. 

Catch basin, not allowed in building, 1472 
(Statutes.) * 4/ 

Power of city council to regulate construction of vaults, 222=; cl 
l ower of city council to compel owner to cleanse, 2225, cl. 84. 




INDEX TO REVISED CODE. 


1015 


References are to sections. For index to Special Ordinances, see Vol. II. 


Process. 

Police may serve and execute warrants, etc., 1510. 

(Statutes.) 

Summons, first process for violation of ordinance, 2231. 

Warrant may first issue on affidavit, 2231. 

Who may serve, 2233. 

Power of police to serve within city, 2246. 

Parties not served in special assessment cases, new summons, 2288. 
Power of court as to service of, 2289. 

Summons, in eminent domain, 2843. 

Service and publication thereof, 2844. 

Processions. 

Crossing bridge, break step, 202. 

Parades and processions on streets, 1871. 

Produce Vendors. 

See Markets . 

Proof. 

See Ordinances. 

Prohibition Districts. 

Ordinances defining, 2038-68. 

Property—Conveyance. 

(Statutes.) 

Real property, city council may authorize city to sell, when, 3026. 

Personal property, council may authorize city to sell, when, 3026. 

What ordinance shall specify, notice, bids, 3027. 

By whom and when conveyance to be made, 3028. 

School purposes, real or personal, how city may convey, 3029. 

When real estate ceases to be used for school purposes, 3030. 

To be conveyed back to city, when, 3030, 

Rights of trustees under special charter, 3031. 

Repeal of acts inconsistent, 3032. 

Prosecuting Attorney. 

See Law. 

Member of department of law, 73. 

Office created, 91. 

Appointed by mayor, 92. 

Bond, 93. 

Duties, 94. 

Authority to compromise actions, 95. 

Appeal of actions, 96. 

Report to corporation counsel, 97. 

Delivery of papers to successor, 98. 

j) u ty in cases of violation of provisions of aiticle relating to fruits, 
berries and vegetables, 1003. 

Inspectors of weights and measures to report violations, 2009. 

Prostitutes. 

See Houses of III Fame. 

(Statutes.) . , . , . 

Power of city council to restrain and punish, 2225, cl. / 4 - 




1016 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Prostitution. 

(Statutes.) 

Jurisdiction of city over boats for, 2932. 

Provisions. 

(Statutes.) 

Power of city council to provide for inspection and regulate sale,'2225, 
cl. 50,53- 

Publication. 

Proof of publication, 15. 

(Statutes.) 

Ordinances to be published, when, 2227. 

Publication of ordinances, in book form, 2228. 

Notice of special assessment, 2304. 

Call notice of judgment on special assessment, 2314. 

Special assessment cases, 2284. 

Of notice to annex territory, 2394-5. 

Of civil service rules, 2489. 

Examinations, notice of in daily paper, 2491. 

Notice to commissioners of sanitary district of meeting, 2557. 

Of ordinances of sanitary district, how proved, 2561. 

Of contract for sanitary channel, 2567. 

For bidders on contract work for district, 2567. 

Of notice to adopt election law, 2635. 

Notice to non-residents in eminent domain proceedings, 2842-3. 

Of petition to locate horse, etc., railway, 2898. 

Contract for by company for use horse car, 2921. 

Ordinance to build sidewalk by special assessment, 3198. 

Of notice that warrants are payable, 3229. 

Notice for bidding on erection of water works, 3230. 

Publications. 

(Statutes.) 

Power of city council to prohibit sale or exhibition of obscene, 2225, cl. 45. 

Public Assembly. 

(Constitution.) 

Peaceable assembly a constitutional right, 2130. 

Public Buildings. 

Mayor to control flags on, 7. 

Defacing, etc., 1308. 

(Statutes.) 

Power of city council to provide for erection and care of, 2225 cl. 86 
Doors oi exit or egress to open outward, 2447. 

Penalty for violations, 2448. 

When they may be closed, 2449. 

Fire escapes to be provided for, 2891. 

Public Carts. 

See Coaches , Cabs and Carts. 

Public Grounds. 

See Parks; Streets; Plats. 

Public Hall. 

See Buildings. 




INDEX TO REVISED CODE. 


1017 


References are to sections. For index to Special Ordinances, see Vol. II. 


Public Institutions. 

Principals of to report as to health of inmates, 863. 

Public Lamps. 

See Gas. 

Public Libraries. 

See Library. 

Public Scales. 

See Weighers. 

Public School Teachers’ Fund. 

See Schools. 

Public Works. 

Department created, to embrace whom, 1598. 

Commissioner of public works, office created, term, 1599. 
Commissioner to appoint certain subordinates with consent of mayor, 1599 - 
Other assistants and employes, how appointed, 1600. 

Appointment of commissioner, 1601. 

Bond, 1602. 

Bonds of subordinates, 1603. 

Commissioner’s powers, 1604. 

Commissioner’s duties, 1605. 

Commissioner to control expenditures, 1606. 

To keep books of account, 1607. 

Commissioner constituted a board of public works, 1608. 

Commissioner’s Miscellaneous Duties. 

Duty to provide vessel signals on bridges, 204. 

Plat of property to be taken for public use, 226. 

Commissioner to approve house-mover’s bond, permit, 270. 

Drain layer’s license, qualifications, 561. 

Rules for connecting drains with sewers, 562. 

Inspection of drain layer’s work, 564. 

Drain layer’s license forfeited, effect, 565. 

Permit to *excavate around sewers, 571. 

Laying drains without license prohibited, 572. 

Rules for drain construction, 573. 

Right to inspect drains, entry of premises, 574. 

Direct harbor master, bridge tender, etc., 776. 

Duty to superintend public parks and grounds, 1372. 

Police to enforce all orders of commissioner, 1504. 

Inhibition of profit on deposits of funds, 1630. 

Annual report, 1631. 

Annual estimates, 1632. 

Power to remove obstructions in streets, 1633. 

Report to council, when required, 1634. 

Rules and regulations, 1635. 

To mail ten days’ notice of intended improvement, 1657. 

Supervision over street and alley cleaning bureau, 1674-5. 

Approve removal of subordinates in bureau street and alley cleaning, 1676. 
Supervise contracts for cleaning streets, 1677. 

Approve expenditure of money in bureau, 1678. 

Commissioner and superintendent to let contracts, 1679. 

Approve estimates street cleaning, 1682. 

Annual report of superintendent to commissioner, 1684. 




1018 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Public Works-Continued. 

Commissioner’s Miscellaneous Duties —Continued. 

Duty of commissioner of public works to enforce ordinance as to street 
railway, 1706. 

Notice to be served on company failing to comply, 1707. 

Duty to report such failure to city attorney, 1708. 

Duty in relation to repair of sidewalks and drains, 1841. 

Police to report defects in sidewalks, 1854. 

Police to report obstructions on sidewalks, 1856. 

Duty of commissioner to adjust street house numbers, 1865. 
Commissioner remove obstructions in streets, notice, 1872. 

Sale of thing obstructing, ten days’ notice, 1873. 

Duty of commissioner to serve notices concerning street obstructions, 
1884. 

Expense of removing to be recovered in action of assumpsit, 1884. 

Duty to see that ordinance requiring fences and railings is enforced, 
1899. 

Permits to erect poles, wires, etc., to be countersigned by superintendent 
city telegrapl^, 1902. 

Underground wires, two miles each year, 1903. 

Conduits, how constructed, 1903. 

Commissioner to supervise work, 1906. 

Commissioner may order removal of lamp-posts used for signs, 1912. 
Commissioner may order bells substituted in place of whistles for sig¬ 
nals to bridge tenders, 1957. 

Commissioner to enforce rules for consuming water, 1965. 
Commissioner to shut off water if being wasted, 1974. 

May cut off supply for failure to use meters, 1974. 

Power of entry to examine water fixtures, 1976. 

Contracts and Contractors. 

No payments for extra work, exception, 1609. 

Payments on contracts, how made, 1610. 

Contracts to be paid by special assessment, exceeding $500 how let, 1611. 
Improvements by special assessment, 1612. 

One-half of cost shall first be paid into city treasury, 1612. 

Bids for contracts accompanied with deposit, 1613. 

Forfeiture of deposit on refusal, 1613. 

Contracts exceeding $500 let to lowest bidder, 1614. 

Bonds from contractors, 1614. 

Consent of mayor and comptroller on contract, in writing. 1614. 

City council to authorize all contracts exceeding $500, 1615. 

Contracts under $500, commissioner may cause work to be done, 1615. 
Contracts under $500, commissioner to obtain informal bids, 1616. 
Essential clauses in contracts, 1617. 

Estimates issued, reserve 15 per cent., 1618. 

Water and sewer contracts, 1619. 

Contracts based on special assessments, 1620. 

Contractors to wait for collection of, 1620. 

Contractor’s default, work suspended, 1621. 

Commissioner may proceed with consent of council, 1621 
Clause in contract making contractor liable for all damages 1622. 
Contractor s bond of indemnity, 1623. 

Lien of sub-contractor or workmen, 1624. 

Notice of lien of workmen, etc., 1623. 




INDEX TO REVISED CODE. 


1019 


References are to sections. For index to Special Ordinances, see Vol. II. 


Public jWorks —Continued. 

Contracts and Contractors— Continued. 

Payment of liens of sub-contractors’ workmen, etc., 1625. 

Contracts in excess of $500, 1626. 

Schedule of sureties on bond, 1627. 

Special funds, how paid out, 1628. 

Interest in contracts, prohibited, 1629. 

Removal of employe interested in contracts, 1629. 

Duty of commissioner to report violation, 1629. 

Permits. 

Issued only upon deposit for restoration of streets, 1636. 
Commissioner to order streets restored, 1637. 

Surplus paid to proper claimant, 1638. 

Collect deficiency from proper person, 1638. 

Keep record of permits, 1639. 

Permits for work under ordinances of annexed towns, 1640. 

Permit required to lay tracks, 1700. 

Fee for permits, 1701. 

To use space beneath sidewalks, 1826. 

Fee of $5 for permit, 1826. 

Commissioner to grant permits for connections with water mains, 1968. 

Deputy Commissioner of Public Works. 

Office created, appointment, duties, 1641. 

Bond, 1642. 

Secretary to Commissioner. 

Commissioner to appoint, duties of, 1643. 

City Engineer. 

Duties of, 1644. 

Charge of public works, 1645. 

Superintendent of Streets. 

Duties of, 1646. 

Charge of streets, 1647. 

Superintendent of Water. 

Duties of, 1648. 

Collection of water rates, 1649. 

Daily report of moneys received. 1650. 

Superintendent of Sewerage. 

Keep record of standard city bench marks, 750. 

Keep record of grades established, 750. 

Designate a bench engineer, 751. 

Ordinances establishing grades, recommendation of, 752 . 

Grades on curb lines and in straight lines, 753. 

Duties of, 1651. 

Charge of sewers, 1652. 

Superintendent of Special Assessments. 

Duties, examiner of subdivisions, plats, 1653. 

Charge of special assessments, 1654. 

Superintendent of Maps. 

Duties of, 1655. 

Record of plats, street numbers, 165b. 




1020 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Public Works —Continued. 

Street Improvements. 

Notice of special assesssment required to be given, 1657. 

Mail notice to owners, 1657. 

Repealing ordinances for improvements, 1658. 

Costs must first be paid by parties assessed, 1658. 

Brick Pavements. 

Quality of brick, specimen furnished, test, 1659. 

All brick used must be equal to specimen, 1659. 

Asphalt Pavement. 

Ordinances to specify that asphaltum shall be equal in quality to that 
from Pitch lake in island of Trinidad, 1660. 

Material Affidavit. 

Contractors to make affidavit of kind of materials in work, 1661. 

No final certificate issued until affidavit made, 1661. 

False affidavit, 1662. 

Debarred from again bidding, 1662. 

Inspectors to make full reports, 1663. 

Reservation as to right of city, 1664. 

Excavations. 

Boring in streets prohibited, 1665. 

Penalty for boring in streets, 1666. 

Commissioner to remove wires, etc., placed in violation, 1667. 
Displacing Pavements. 

Opening in pavement limited to two blocks, 1668. 

Rules governing repair of streets, 1668. 

Water Mains. 

Cost advanced by property owners, 1669. 

Revenue of ten cents derived, refund, 1669. 

Notify city council when sufficient revenue can be derived, 1670. 
Extension of water mains, order of council, 1671. 

Special assessment for water mains, 1672. 

Special assessments refunded, 1672. 

Bureau Street and Alley Cleaning. 

Bureau created, 1673. 

Superintendent, appointment term, bond, 1674. 

Powers and duties, 1675. 

Removal of subordinates, 1676. 

Supervision of contractors, 1677. 

Powers, expenditure of money, 1678. 

Contracts exceeding $500, let to lowest bidder, 1679. 

Contractors, indemnifying bond, 1680. 

Forfeiture of contract, 1681. 

Issuance of estimates, reserve, 1682. 

Lack of bidders, default of contractor, 1683. 

City may employ workmen, 1683. 

Annual report to commissioner, 1684. 

Contracts and bond run to city, 1685. 

Supervision of health department over garbage, etc., 1686. 

Health Department—Supervision. 

Removal of garbage, etc., 1686. 

Hours of Labor. 

Contracts to specify eight hours as a day’s labor, 1687. 

Eight hours a day’s labor for city employes, 1688. 




INDEX TO REVISED CODE. 


1021 


References are to sections. For index to Special Ordinances, see Vol. II. 


Public Works— Continued. 

Lamps. 

Charge and control of street lamps, 1689. 

Names of streets on lamps, 1689. 

Postoffice boxes, penalty for injuring, 1690. 

Extinguishing light, penalty, 1691. 

Contractor for not lighting, penalty against, 1691. 

Injury to public lamps, penalty, 1692. 

Removal of lamp-posts, penalty, 1693-4. 

Prohibited uses of lamp-posts, 1694. 

Hitching horses to lamp-posts, 1695. 

Sewers and Drains. 

In charge of department of public works, 1696. 

Permit for sewer connections, 1697. 

Draining in river prohibited without permit, 1698. 

Fee for such permits, 1698. 

Penalty for violation, 1698. 

Private sewer connections, how authorized, 1699. 

Fee of five dollars for each connection, 1699. 

Pumps. 

(Statutes.) 

Power of city council to regulate construction, etc., 2225, cl. 57. 

Pumping Works. 

(Statutes.) 

Cities, etc., empowered to erect for drainage purposes, 2548. 

Punishment. 

See Penalties. 

(Statutes.) 

Punishment for violation of ordinances, 2231. 



Quack Nostrums. 

Advertising of, I 3 02 - 

Quarantine. 

Commissioner of health to make rules and regulations, 818. 
Quarantine regulations, 1032-45. 

Quarreling. 

(Statutes.) 

Power of city council to prevent, 2225, cl. 59. 


Quorum. 

(Statutes.) 

Majority of aldermen elective, 2199. 




1022 


INDEX TO REVISED CODE 


References are to sections. For index to Special Ordinances, see Vol. II. 



Racing. 

On streets prohibited, 1264. 

Railroads. 

See Railways. 

Railways. 

Street Railways. 

Unlawful to lay tracks without permit, 1700. 

Fee for permit, contents, 1701. 

Penalty for laying tracks without permit, 1702. 

Gauge of railways, 1703. 

Form of rails, 1704. 

Tracks not to obstruct vehicles, 1705., 

Repair of portion of streets, 1705. 

Book of complaints, open for citizens, 1706. 

Notice to companies for failure to comply, 1707. 

Penalty for failure to comply, 1708. 

Conductor for each car, 1709. 

Stopping in front of fire engine house prohibited, 1710. 
Watchmen at steam railway crossings, 1711. 

Cars to be numbered, signal lights, 1712. 

Cars to have right of way over vehicles, 1713. 

Use of damaged car prohibited, 1714. 

Tracks to be sprinkled, 1715. 

Snow and other accumulations, removal of, 1716. 

Penalty for failure to remove, 1717. 

Cars to be heated, 1718. 

Penalty for not heating cars, 1719. 

Stoppages, where made, 1720. 

Bells on horses, rules posted in cars, 1720. 

Running time, regulations, penalty, 1721. 

Owl cars, Madison and Van Buren streets, penalty, 1722. 
Rate of fare, continuous trip, 1723. 

Transfers to be issued, 1723. 

Notice of transfer ordinance in car, 1724. 

Penalty for last two sections, 1725. 

General penalty clause for street railway ordinance, 1726. 
Steam Railways. 

Depots, loud noise or disturbance at, 541. 

Cars laden with obnoxious matters not to stand, 001. 
Garbage, removal of, on cars regulated, 902. 

Emission of dense smoke a nuisance, 1046. 

Railroad tracks in streets, repair, 1668, 

Speed of trains, 1727. 

Stopping at crossings, limitations, 1728. 

Obstructing street, crossings, duty of company, 1729. 
Lights to be carried at night, 1730. 

Loading or unloading on streets, 1731. 

Whistles, use of limited, 1732. 




INDEX TO REVISED CODE. 


1023 


References are to sections. For index to Special Ordinances, see Vol. II. 

i 


Railways— Continued. 

Street Railways —Continued. 

Bell to ring continually, exception, 1733. 

Sign boards at entrance to city, 1734. 

Superintendent to furnish employes with copy of ordinance, 1735. 
Steam, escape of, prohibited, 1736. 

Obstruction of streets by empty cars, penalty, 1737. 

Trains to stop at Clark and Sixteenth streets, 1738. 

Penalty for not stopping, 1739. 

Bumping posts at terminus, penalty, 1740. 

Flagmen at crossings, 1741. 

Gates at crossings, 1742. 

Viaducts, city council may order construction, 1742. 

Gates, construction and operation, 1743. 

Failure to erect gates, penalty, 1744. 

Gates, erection of, cost, supervision, 1745. 

Length of trains, 1746. 

General penal clause, 1747 - 

Railway carriage standing on street, 1874. 

Speed on Enclosed Tracks. 

City districted for speed, 1748 - 
Regulation of speed, 1749 - 

Walls and fences, gates, signals to be constructed, 1750. 

Street crossings to be lighted, penalty for failing, 1750. 
Indemnity to city, 1751. 

Bell to. be rung, 1752. 

Reservation of rights, elevation of tracks, 1753. 

Section 1727 in force, when, 1754. 

General penalty for violation concerning speed of trains, 1755 - 
Displacement of pavement limited to two blocks, 1668. 

To provide lights at street crossings, 1756. 

Penalty for failing to so provide, 1757 - 
Snow, removal from tracks, conditions, 1758. 

Disposal of snow, penalty, 1758. 

Changing from steam to electric power prohibited, 1759.. 

Electric wires prohibited without permit from city council, 1760. 
Penalty for changing power without permit, 1761. 

Police to report violations, 1762. 

Elevation of tracks, (“O’Neill” ordinance), 2089-2102. 


Elevated Railroads. 

To light all street intersections, 1763. 

Penalty for failure to comply, 1764. 

(Constitution.) 

Fee of land taken without consent to remain m owners, 2129. 

Consent of local authorities necessary for street railway, 2156. 

Municipality not to subscribe to or aid, 2158. 

(Statutes.) . 

Power of city council to regulate speed of cars, etc., 2225, cl. 21. 

Power of city council to permit and regulate track la\ ing, 2225, cl. 24. 

Power of city council to provide and change location, grade, and crossing 


of, 2225, cl. 25. . . , 

Power of city council to require fence, guards, 


etc., constructed by, 2225, 


Power of city council to require flagmen at railroad crossings, 2225, cl. 27. 




1024 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Railways— Continued. 

Power of city council to raise or lower grades of railroads, 2225, cl. 27. 
Power of city council to require railroads to provide drains, etc., 2225, cl. 27. 
Power of city council to extend street or sewer, 2225, cl. 89. 

Power of city council to grant right to lay tracks, when, 2225, cl. 90. 

Plat of road to be recorded, when, 3024. 

Laying out, constructing and using roads, 3033. 

Corporate authorities to consent, 3033. 

Cross, intersect, join and unite railways, 3033. 

Fencing and Operating Railroads. 

Warning boards at crossings, 3034. 

Bell to be rung and whistle to be blown at crossings, 3035. 

Killing stock, frightening teams, 3036. 

Starting train without signal, 3037. 

Crossings and approaches to be constructed and maintained, 3038. 
Neglect to maintain crossings and approaches, 3039. 

When company neglects, authorities to construct, 3040. 

Company to pay expenses and $100, 3041. 

Draw-bridge, railroad crossing, etc., train to stop, 3042. 

Penalty for violation, 3043. 

Railroads crossing each other on level, requirements, 3044. 

Railroad commissioners to approve interlocking system, 3044. 

Civil engineer to examine system, 3045. 

Not to obstruct highway, stoning trains, etc., 3046. 

Speed through cities, damages, 3047. 

Flagman at crossings, shelter for, 3048. 

Penalties, 3049. 

Word “corporation” defined, 3050. 

Not to apply to street railroads, 3051. 

Rain Water. 

Roofs to be kept in good repair, 848. 

Water from roof to flow into street gutter, 1133. 

Randolph Street Market. 

See Markets. 

Rates. 

Water rents or rates, 1981. 

Rates of Fare for Passenger Vehicles. 

See Coaches , Cabs and Carts. 

Reading Room. 

See Library. 

Real Estate. 

See Brokers. 

Appointment of appraisers for leasing city realty, 31. 

(Statutes.) 

Corporate authorities may lease or convey for cemetery 24^ 

Belonging to cities, how conveyed, 3026-32. 

Records and Recording. 

(Statutes.) 

Incorporation under general law entered, 2161. 

Result of election for city officers entered, 2i6v 




1025 


INDEX TO REVISED CODE. 

\ 


References are to sections. For index to Special Ordinances, see Vol. II. 


Records and Recording— Continued. 

Of result of election for incorporation under general act, 2171. 

Same filed with secretary of state, 2171. 

City register’s office abolished upon organization under general act, 2172. 
City register’s records turned over to recorder, 2172. 

Mayor’s power to examine, 2183. 

City council to keep journal, 2203. 

Yea and nay vote, record, 2204. 

Record of elections, 2220. 

Copy of ordinance disconnecting territory to be filed in recorder’s office, 
etc., 2390. 

Transfer of, by annexed towns, 2407. 

District improvement bonds to be recorded, 2541. 

House of correction to keep, to be public, 2917-18. 

Inspection of, 2917. 

Record of cities, etc., how certified, evidence thereof, 2984-5. 

Penalty for making false certificate, 2987. 

Certificate of survey of town plat, etc., to be recorded, 3017. 

Recording of plat works conveyance of streets, alleys, etc., to public use, 
301S. 

Penalty for selling lots, etc., without recording plat, 3020. 

Vacation of plat to be recorded, canceling of, etc., 3021-3. 

Plat of streets, etc., to be made and recorded, 3024. 

Of school board proceedings required* 3177. 

Consent to erect telegraph poles in street, etc., to be recorded, 3217. 

Redemption. 

Of dog from pound, 554. 

Of impounded animal, 1582. 

(Statutes.) 

From sale for special assessment, 2318. 

Registration. 

(Statutes.) 

Of bonds issued by municipality, 2420. 

When registered bonds mature and are not paid, 2424. 

Relief Funds. 

Police and Firemen’s. 

(Statutes.) 

How fund created, from what sources, 3052. 

Who constitute board of trustees of fund, 3053. 

Board of trustees to control fund, 3054. - 

Record to be kept of meetings, 3054. 

Treasurer of fund to give bond, 3055. 

Warrants to be drawn on city treasurer, 3056. 

Permanent disability, death, annuity, 3057. 

Widow to get benefit of fund, 3057. 

Who may obtain benefits, 3058. 

How money to be paid out, 3059 - 
Repeal of acts repugnant, 3060. 

Firemen’s Fund. 

Fund, how created, from what sources. 3061. 

Who constitute board of trustees, 3062. 

Management of fund, assessment of members, 3063. 


65 






1026 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Relief Funds— Continued. 

Firemen’s Fund—C ontinued. 

Deciding upon applications, lecord of meetings, 3063. 

One per cent, of salary to be paid each month, 3063. 

Rewards, gifts, devices, permanent fund, 3064. 

Power of board to draw fund, investment, securities, 3065. 

Interest from investment of funds, 3066. 

Retirement on account of physical or mental disability, 3067. 
Death on duty, pension to widow, 3068. 

Beneficiaries under prior act, 3069. 

Retirement after 22 years’ service, 3070. 

To whom act applies, 3071. 

Treasurer of board, custodian of fund, 3072. 

Bond, books of account, 3072. 

Duty of mayor to draw warrants, 3073. 

Money paid only upon warrants signed, 3074. 

Report of board upon condition of fund, 3075. 

Fund not subject to levy for debt of beneficiary, 3076. 

Repeal of acts inconsistent, 3077. 

Police Pension Fund. 

How fund created, from what sources, 3078. 

Board of commissioners, who constitutes, 3079. 

Who shall be pensioned, twenty years’ service, 3080. 

Physical disability, retiring from active service, 3081. 

Certificate of disability, 3082. 

Death on duty, pension to widow, 3083. 

Death in service, 3083. 

Reporting for examination for service, emergency, 3084. 

Pension lost by committing crime, misdemeanor,'etc., 3085. 
Meetings of board, officers, certificate, 3086. 

Powers of board. 3087. 

Report to board by treasurer, 3088. 

Beneficiaries under prior act, 3089. 

Religious Meeting. 

Disturbance of, 1315. 

Remedy. 

(Statutes.) 

New, given by general incorporation law, cumulative, 2170. 

Rights of bond holders, improvement districts, 2546. 

On damage by construction of work, sanitary district, 2575-7 2583. 
Owner not constructing sidewalk, 3199. 

Rendering Establishment. 

License, application, fee, 1050. 

License revocable, 1051. 

District in which establishment may be carried on, 1052. 

Giving forth an offensive odor, prohibited, 1053. 

Inspection of, right of entry, 1054. 

Manner of conducting, 1058. 

Manufacture of glue, permit from council, 1059. 

Special permit for, 1060. 

Deodorizing, 1061. 

Bone boiling prohibited, 1062. 





INDEX TO REVISED CODE. 


1027 


References are to sections. For index to Special Ordinances, see Vol. II. 


Rendering Establishment— Continued. 

Penalties, 1063. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 81. 

Representative Appointment. 

(Statutes.) 

Districts enumerated, 2629. 

Residence. 

(Constitution.) 

Stationing soldier, etc., at post does not give, 2145. 

Resin. 

Boiling, where prohibited, 665. 

(Statutes.) 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 

Revenue. 

See Finance. 

(Statutes.) 

Assessment of property and collection of taxes, 3090. 

Property exempt from taxation, 3091. 

Cities to certify annually to county clerk amount necessary, 3092. 
Collectors’ books to be made out by county clerk, 3093. 

Separate books for cities, 3094- 

Rates, how extended, valuation, equalization, 3095. 

Railroad tracks and rolling stock, 3096. 

Extension of city taxes, etc., 3097 - 
State and county taxes, 3098. 

Forfeited property, back taxes, 3099 - 
Statement to auditor, 3100. 

State and county, equalized rates stated, 3101. 

Collector’s warrant, 3102. 

Order to pay over taxes, 3103. 

To pay to city the taxes collected, 3103. 

County clerk to certify to county collector names of collectors, etc., 3104. 
Kind of funds taxes are payable in, 3105. 

Thirty day settlement with cities, 3106. 

Thirty day settlement with county collector, 3107. 

Local taxes to be paid over, 3108. 

Final settlement for local taxes before return, 3109. 

Duplicate receipts, 3110. 

Delinquent Special Assessments. 

County collector’s duties, 3111. 

Demand for to be made on owner when general taxes have been paid, 
3112. 

Form of receipt for, 3113 - 

When application for judgment made, 3114 . 

Personal property tax, statement to county clerk, 3115 - 
Credit on forfeited property, 3116. 

Settlement with county board, 3 11 /- 
When collector to account with cierk, 3118. 

Clerk to certify to auditor, 3119. 

Clerk to certify to local authorities, 3120. 

Credits on final settlements, 3121. 




1028 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Revenue —Continued. 

Delinquent Special Assessments —Continued. 

Final order, corrections, 3122. 

April statement to clerk, 3123. 

Clerk to notify auditor, 3124. 

April payment to state treasurer, 3125. 

Failure of collector to obtain judgment, 3126. 

April payment to local authorities, 3127. 

To pay cities every ten days, 3128. 

Failure to make report, suit, 3129. 

Failure to account and pay over, 3130. 

When bond sued by city, 3131. 

When Records Destroyed. 

New assessment, 3132. 

Special assessment, return limited, 3133. 

Penalties of Officers. 

Delivering books before collector’s bond filed, 3134. 

Collector, neglect, to obtain judgment, 3135. 

Failure to do any duty under act, 3136. 

Refusal to do duty, 3137. 

Uniformity of Taxation. 

Uniformity restored, 3142. 

Rebate and Reduction of Taxes. 

When property destroyed by fire, 3143. 

Large portion of taxable property destroyed, rebate, 3144. 
Emergency clause, 3145. 

Collection of Taxes and Assessments. 

Description of property in assessment varying from tax books, 3138. 
How described, 3139. 

City may buy at sale, 3140. 

Emergency clause, 3141. 

Surplus Fund or Tax. 

Proportion of tax, 3146. 

Drawback, amount city may receive, 3147. 

Municipal Taxes. 

How may be assessed and collected, 3148. 

Rate of Taxation. 

For cities under special charter, 3149. 

Legalization of levy, 3150. 

Emergency clause, 3151. 

Refunding Illegal Taxes. 

Cities may refund, limitation, 3152. 

Certificate, presented within two years, 3152. 

Insurance Companies. 

Tax on net receipts, 3153. 

In lieu of municipal licenses, 3153. 

Foreign Fire Insurance Companies. 

To pay tax or license fee, 3154. 

Penalty for violations, 3155. 

Repeal of acts inconsistent, 3156. 




INDEX TO REVISED CODE. 


1029 


References are to sections. For index to Special Ordinances, see Vol. II. 


Revenue— Continued. 

Sewerage, Water and Light Taxes. 

Sewerage fund tax, 3157. 

Water fund and light tax, 3158. 

Repeal of acts inconsistent, 3159. 

Special Assessment Installments. 

Apportionment of special assessments, manner, etc., 3160. 
Assessment may be divided into installments, 3161. 

Bonds to issue in anticipation, 3162. 

Applies to municipal corporations, 3163. 

Assessments may be paid in bonds, 3164. 

Warrants payable on demand, when issued, 3226. 

Warrants issued in anticipation of taxes, 3227. 

Warrants in anticipation of taxes draw interest, 3229. 

Borrow money and levy tax for water works, 3231. 

Borrow money and levy tax to lease or purchase water works, 3245. 

Revised Ordinances. 

See Ordinances . 

Rewards. 

To firemen, when to be retained, 635. 

To policemen, when prohibited, when allowed, 1517-18. 

Right of Way. 

(Statutes.) . 

In connection with Chicago drainage district, 2555 - 

Riot. 

(Statutes.) 

Mayor empowered to keep the peace, 2180. 

Mayor empowered to suppress riot, etc., 2185. 

Power of city council to prevent and suppress, 2225, cl. 72. 

Police to suppress, 2248. . 

City liable for three-fourths of all damages, 3165. 

Action, how brought, judgment, 3166. 

When entitled to recover, 3167. 

Action by party against persons engaged in riot, 3108. 

Lien of city, 3168. . , 

Action by city against persons engaged in not, 3109. 

Notice of claim of damages, 3170. 

Settlement of claim, rights of city, 

River. 

Deposit of garbage, etc., in, prohibited, 908. 

Butchers’ offal or garbage deposited in, 911. 

Selling ice taken from, 967. 

Pollution of, 1020. 

Offensive matter deposited in, 1021. 

Smoke, emission of from tugs, etc., a nuisance, 1046. 

Gas manufactory not to deposit refuse in, 1127. 

Bathing or swimming in without dress, 1314. 

Obstruction in river a nuisance, 1765. 

Penalty for obstructing river, 1765. 

Dragging anchor in river prohibited, 1766. 

Tugs prohibited from towing vessel with anchor dragging. 1767. 





1030 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Voi. II. 


River— Continued. 

Penalty for violation of chapter, 1768. 

Whistles on boats in, 1953. 

Size and use of, 1956. 

Bells substituted for whistles, 1957. 

(Statutes.) 

Power of city council to deepen, widen, etc., channel of, 2225, cl. 30. 
Power of city council to construct and repair wharves and docks, 2225, cl, 32. 
Power of city council to regulate and control use of docks, etc., 2225, cl. 33. 
Power of city council to regulate anchorage and cargo landing, 2225, cl. 34. 
Power of city council to license and regulate boats in harbor, 2225, cl. 35. 
Power of city council to fix rates of wharfage and dockage, 2225, cl. 36. 
Power of city council to collect dockage and wharfage, 2225, cl. 37. 

Power of city council to regulate use of harbor, towing, etc., 2225, cl. 38. 
Power of city council to cleanse and purity water courses, etc., 2225, cl. 40. 
Jurisdiction of city over, 2234. 

Power of city to protect site from overflow, 2525-33. 

Road. 

See Plats. 

Rout. 

(Statutes.) . 

Power of city council to prevent and suppress, 2225, cl. 72. 

Row Boats. 

See Boats. 

Rule of the Road. 

Concerning omnibuses, exception, 539. 

Vehicles must keep to the right, 13n. 

Runners and Porters. 

Police to control at depots, etc., 1524. 

License, fee, bond, 1769. 

1 ransfer of license, liability of employer, 1770. 

Badge, 1771. 

Touting for vehicles without license, 1772. 

Prohibiting touting, 1773. 

False representations, 1774. 

Porter’s charges and fees, 1775. 

Creating disturbance, 1776. 

Police to arrest for violations of article, 1777. 

Penalty for violation of article, 1778. 

(Statutes.) 

Power of city council to license and regulate porters, 2225, cl. 42. 

Power of city council to license and regulate runners, 2225, cl. 43. 




INDEX TO REVISED CODE. 


1031 


References are to sections. For index to Special Ordinances, see Vol. II. 


s 


Sail Boats. 

See Boats. 

Salaries. 

See Compensation. 

Aldermen, 12. 

Commissioner of buildings, 236. 

Deputy commissioner of buildings, 238. 

Salaries of officers, etc., fixed annually, 1334. 

Payable monthly, 1335. 

(Statutes.) 

Discontinuance of office to abate, 2236. 

Of mayor, fixed by council, 2247. 

Of aldermen, 2248. 

Of other officers fixed by council, 2249. 

Civil Service. 

Civil service commissioners, 2502. 

Chief examiner of civil service, 2502. 

When no appropriation, mayor authorized to pay out of general fund, 
2503 - 

Comptroller to pay, 2515. 

Paymasters to pay, when, 2516. 

Superintendent of house of correction, 2929. 

Of city officers to be fixed, not changed during term, 3172. 

Emergency clause, 3173 - 

Sale of Property. 

City, etc., may sell, when and how, 3026. 

Ordinance to be passed and bios taken, 3027 - 
Deed , how made, 3028. 


Saloons. 

S Liquor. .. , 

One per cent, of license fees credited to relief fund, 40 

Sanitary Districts. 

See Drainage and Sewerage. 


Scaffolds. 

Construction of, I 3 10 - 


Scavengers. 

See Night Scavengers; Street and Attey 


Cleaning. 


Schools. . . f , Qa 

Vaccination a prerequisite of attendance, 1004. 

Evidence of vaccination, 1085. . 

Inspection of schools relative to vaccination, 108b. 
Resistance to inspection, 1087. 

(Constitution.) . . , . _ t .q 

Officers prohibited from having interest in contracts, 2140. 


ii'J 





1032 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Schools— Continued. 

(Statutes.) 

To sell property, vote of two-thiids of all aldermen elected required, 2204. 
Assumption of school debt on annexation of territory, 2399. 
Apportionment of school debt, 2401. 

Power of city council to issue bonds and fund old debts, 2417, 2428. 

Fines for failure to erect fire escapes to go to school fund, 2895. 
Conveyance of real property used for school purposes, 3030. 

Trustees under special charter, rights of, 3031. 

Exemption from taxation, 3091. 

Board of Education. 

In cities of more than 100,000 inhabitants, 3174. 

Election and terms of members, 3174. 

Who eligible to membership, 3175. 

Organization of board, 3176. 

Books, records, etc., 3177. 

Powers of board, with consent of council, 3178. 

Powers of board alone, 3179. 

Duties of board, 3180. 

Powers exercised only at meetings, 3181. 

Conveyances, how made, 3182. 

Moneys held by city as special fund, 3183. 

Limit as to expenditures, 3184. 

Power given to board not to be exercised by city, 3185. 

Members to receive no pecuniary compensation, 3186. 

Members exempt from certain things, 3186. 

School Teachers’ Fund. 

Power to create fund, sources, 3187. 

Board of trustees, how created, powers, 3188. 

Rules for retirement of teachers, 3189. 

What annuity retired teachers may receive, 3190. 

How principal and interest of fund to be used, 3191. 

Amounts deducted from salaries to go to fund, 3192. 

City treasurer custodian of fund, bond, books, etc., 3193. 

Removal of teacher, investigation, 3194. 

School House. 

Ventilation and cleanliness, 850. 

Doors to open outward, 2447. 

Penalty for violation, 2448. 

Scourer. 

Not to cleanse clothes in streets, 1327. 

Seal. 

Corporate seal adopted, description, 1779. 

(Statutes.) 

Of city, right to change, 2168. 

Clerk, custodian of corporate, 2244. 

Of municipality attached to bond issued, 2427. 

Sanitary districts may have and alter, 2559. 

Sealer. 

See Weights and Measures. 




INDEX TO REVISED CODE. 


1033 


References are to sections. For index to Special Ordinances, see Vol. II. 


Seaman. 

(Constitution.) 

Stationed here does not give residence, 2145. 

Second-hand Dealers and Keepers of Junk Shops. 

Second-hand Dealers. 

License, how granted, 1780. ' 

License fee, 1781. 

Bond, 1782. 

Dealing without license prohibited, 1783. 

Record of purchases, 1784. 

Report of purchases made to superintendent of police, 1785. 
Inspection of record, 1786. 

Penalty for violation of article, 1787. 

Not to do business as pawnbroker or keep junk shop, 1788. 

Keepers of Junk Shops. 

License, how granted, fee, 1789. 

License for wagons, 1790 - 
License for boats, 1791 - 
Bond, 1792. 

Doing business without license prohibited, 1793 - 
Place of business designated in license, 1793. 

Vehicles to be marked, badges, 1794. 

Dealing in certain articles prohibited, 1795. 

Purchase of lead material, 1796- 
Other licenses not issued, 1797. 

Registry of purchases, 1798. 

Inspection of registry, 1799. 

Penalty for violations, 1800. 

General Provisions. 

Contents of license, 1801. 

Expiration of license, 1802. 

Revocation of license, 1803. 

Removal of place of business, 1804. 

Purchase from minors prohibited, 1805. 

Hours of business, 1806. 

Dealing in metal bottle stoppers prohibited, 1807. 

Purchase of mechanics’ tools prohibited, 1808. 

Articles held ten days before sale, 1809. 

Advertising lost articles, notice to police, 1810. 

Dealer to expose lost goods, 1811. 

Inspection of stores, 1812. 

General penalty clause, 1813. 

(Statutes.) 

Power of city council to license, etc., 2225, cl. 95. 

One-fourth of all licenses to go to police fund, 3078. 

Secretary. 

To the Mayor. 

Appointment, duties, 8 . 

To Commissioner of Buildings : See Buildings. 

Of Police : See Police. 

Of Public Works: See Public Works. 




1034 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Secretary— Continued. 

Of State. 

(Statutes.) 

Registers organization of city, 2171. 

Senatorial Districts. 

(Statutes.) 

Enumerated, 2629. 

Servant. 

Power of city council to prohibit sale of liquor to, 2225, cl. 48. 

Service of Process. 

See Process. 

Sewers. 

See Drainage and Sewerage. 

See Plumbers and Plumbing; Drains and Sewers. 

License required for drain-layer, qualification, 561. 

Petition for license, contents, bond, 562. 

Connecting drains with sewers, 563. 

Inspection by commissioner of public works, 564. 

Discharge of steam into, prohibited, 566. 

Water supply sufficient to carry off slops, etc., 567. 

Obstructing sewer, 568. 

Breaking manholes or other fixtures, 568. 

Weight to be placed on or over sewers limited, 568. 

Gutters to be cleared before flushing, etc., 569. 

Duty of police as to enforcement of ordinance, 570. 

Excavation around sewer, permit, 571. 

Laying, altering or disturbing drains without license, 572. 

Drain construction, rules to be followed, 573. 

Inspection, right of entry by inspectors, 574. 

Privy to be connected with, 853. 

Sewer gas, 855. 

Connection with house, etc., according to health regulations, 856 
Flushing, 857. 

Construction and repair, 858. 

Offal, etc., not to be thrown in sewer, 911. 

Cesspools and privy vaults to be connected, 1117. 

Obstructing sewers, etc., 1320. 

Sewer connections, specifications, 1439. 

Letting of contract greater than $500, 1626. 

Special fund, how paid out, 1628. 

Prerequisite to permit for opening streets, etc., 1636. 

Restoration of streets, etc., 1637. 

Cost advanced, surplus, deficiency, 1638. 

Record of permits, 1639. 

Permits, 1640. 

Superintendent of, duties, 1651. 

Sewers, charge of, . 1652. 

Displacing pavement limited to two blocks, etc., *1668. 

Charge of sewers and drains, cleansing of, 1696. 

Sewer connections, permit, 1697. 

Sewer connections, indemnity, 1698. 

Sewer connections, how authorized. 1699. > 




INDEX TO REVISED CODE. 


1035 


References are to sections. For index to Special Ordinances, see Vol. II. 


Sewers— Continued. 

(Statutes.) 

Power of city council to construct, repair and regulate use of, 2225, cl. 29. 
Power of city council to regulate construction of, 2225, cl. 57. 

Power of city council to locate, cleanse or abate, 2225, cl. 84. 

Territory annexed, system continued how, 2413. 

Sewerage Fund Tax. 

(Statutes.) 

City council to levy for maintenance of sewers, 3157. 

Sex. 

See Women. 

Shavings. 

Buildings to be cleared from, 661. 

Sheds. 

Building sheds within fire limits, size, use, 282. 

Open shelter sheds, 283. 

Coal sheds, 283. 

Sheep. 

Not to be kept in tenement and lodging houses, 1073. 

Diseased not to be brought into city, 1106. 

(Statutes.) 

Power of city council to prohibit running at large, 2225, cl. 80. 

Sheriff. 

(Statutes.) 

Serve process of arrest, 2233. 

Post notices of election, 2605. 

Remove obstruction to view of ballot box, 2704. 

Shooting Galleries. 

See Billiard and Pool Tables. 

Shops. 

See Buildings; Health; Workshops. 

(Statutes.) . 

Power of city council to regulate use of lights in, 2225, cl. 05. 

Shows. 

See Amuse?nents. 

(Statutes.) 

Power of city council to license, tax, regulate, etc., 2225, cl. 41. 

Sidewalks. 

Bill posting on prohibited, 167. 

Medical advertisements on prohibited, 168. 

Obscene or immoral pictures on prohibited, 169. 

Occupation of, during building operations, 259. 

Temporary elevated walk during building, 260. 

Derricks on sidewalks prohibited, 261. 

Use for steps and open areas prohibited, 357. 

Space under sidewalk, incombustible covering, 358. 

Height of wooden fence above grade, 464. 

Placing refuse matter on, 1021. 




1036 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Sidewalks —Continued. 

Driving on prohibited, 1263. 

Spiked railing on areas or steps prohibited, 1284. 

Distribution, etc., of impure literature, etc., on, 1294-5. 

Loungers and loafers on, 1305. 

Distribution of hand bills, 1317. 

Exposing deformed or mutilated limbs, etc., 1318. 

Exhibiting wild animal, 1319. 

Casting rinds on sidewalk, 1321. 

Throwing dangerous materials on, 1322. 

Games or performances on, 1324. 

Throwing liquid, etc., 1325. 

Throwing missiles, 1326. 

Cleansing goods, 1327. 

Flying kites, 1328. 

Width of sidewalks, 1814. 

Grade, not building in accordance with, 1815. 

Inclination of sidewalks, 1816. 

Flush with building, 1817. 

Smooth glass in sidewalk, penalty, 1818. 

Grades fixed, 1819. 

Fixed width, grass plats, 1820. 

Stone district, 1821. 

Repair of wooden sidewalks, 1822. 

Awnings. 

Movable, elevation and projection, 1823. 

Fixed, how constructed, 1824. 

Porches and Steps. 

Manner of constructing, 1825. 

Space Beneath Sidewalks. 

Permit to use space beneath, fee $5, 1826. 

Owner to keep in repair, 1826. 

Permits to specify how space to be used, 1827. 

May be revoked for failure to keep conditions, 1827. 

Street corners to be reserved for use of city, 1828. 

Penalty for use of space without permit, 1829. 

Openings in to be covered, 1830. 

Liability of owner to persons injured, 1831. 

Liability of owner to city, 1832. 

Vault cover secured, penalty, 1833. 

When open to be properly protected, 1833. 

Open only during daytime, 1833. 

Boiler, oil storage and explosives prohibited, 1834. 

Construction changed if unsafe, 1835. 

Storage on Sidewalks. 

Receiving and delivering merchandise on, 1836. 

Occupying more than three feet next to building line, penalty, 1837. 
Places and manner of using, articles hung over, 1838. 

Stands for fruit and merchandise, 1839. 

Drinking fountains on streets, 1840. 

Requires consent of owner of premises, 1840. 

Repair sidewalk, owner to be notified, penalty, 1841. 

Hitching horses so as to obstruct, 1842. 

Provide hitching ring, 1843. 




INDEX TO REVISED CODE. 


1037 


References are to sections. For index to Special Ordinances, see Vol. II. 


Sidewalks— Continued. 

Driving on sidewalk prohibited, 1S44. 

Cross-walks to be kept free, 1845. 

Prohibited use of sidewalks, 1846. 

Bicycle or vehicle on sidewalks, 1847. 

Loading or unloading on, 1848. 

Removal of planks from sidewalk, 1849. 

Injuring sidewalk, 1850. 

Cleansing sidewalks with water in certain months, 1851. 

Dirt, dust and rubbish to be swept off, 1851. 

Removal of obstructions, 1852. 

Uncovered opening in, 1853. 

Duty of police to report defects, 1854. 

General penalty clause, 1855. 

Police to enforce ordinances relating to, 1856. 

Police to remove or report obstructions, 1856. 

Water rates for contractors of cement, 1983. 

(Statutes.) 

Power of city council to lay out, widen, etc., 2225, cl. 7. 

Power of city council to regulate use of, 2225, cl. 9. 

Power of city council to prevent and remove obstructions, 2225, cl. 10. 
Power of city council to regulate use of, obstructions, 2225, cl. 14. 
Power of city council to provide crosswalks, curbs, etc., 2225, cl. 16. 

Power of city council to regulate signs, posts, troughs, etc., 2225, cl. 17. 
Power of city council to regulate banners, advertisements on, 2225, cl. 18. 
Power of city council to regulate sales and traffic on, 2225, cl. 20. 

Ordinance for, owner shall be allowed fifteen days in which to build, etc., 

2297. 

Construction of sidewalks by taxation, 3 ^ 97 - 
What ordinance may provide, 3198. 

Owner neglecting to construct, right of city, 3199 - 
Contents of ordinance for sidewalk, 3199. 

Special tax, duty of clerk, report, 3200. 

General officer to obtain judgment, 3201. 

By what laws governed, 3201. 

When constructed by owner, owner may obtain order, 3202. 

Rebate to owner, 32G2. 


Signs. 

On buildings above third story, 403- 

Licensees of vehicles to paint number ot, on \ehicle, 4°3 
Lamps of coaches, etc., to have number, exception, 484 - 
Licensed carts, etc., to display, 521 . 

Omnibus to display, 528. . ~ 

“Gunpowder” signs to be displayed where on sale, 750- 
Explosives, sign to be displayed where stoied, 771- 
Docks, wharves to display danger sign, when, 799- 
Scavenger wagons to display, 1012. 


Defacing, etc., 1309. 

Peddlers to show on vehicle, 1408. 

Railroad sign boards, 1734- 

Junk dealers’ vehicles to be marked 1794 - 

Not to project more than three feet from building, i9°o- 

Goods, etc., suspension of. within three feet of building. 1908. 

Size and projection of signs, 1909 - 

Unlawful erection, removal, 1910 - 




1038 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Signs— Continued. 

Erection of lamp-posts for signs, 1911. 

Owner to pay for gas, meter attached, 1912. 

Lamp-post heretofore erected for signs, 1913. 

Street signs, injury to, penalty, 1914. 

Illuminated clocks, barber poles, 1915. 

Other sign posts prohibited, penalty, 1916. 

Advertisements posted on private grounds, permission, 1917. 
General penalty clause, 1918. 

(Statutes.) 

Power of city council to regulate on streets, etc., 2225, cl. 17. 
Railroad', at highway crossings, 3035. 

Sinks. 

See Buildings ; Privy , Water Closet , Vault , Sink and Cesspool. 

Slaughtering and Rendering. 

Killing or dressing in market, prohibited, 977. 

Method and place of, permit, 980. 

Removal of blood, offal, etc., 981. 

Diseased and over-heated cattle not to be killed for food, 994. 
Permitting house to become nauseous or offensive, 1023. 

License to do business, application, fee, 1050. 

License revocable, 1051. 

Slaughtering and rendering, etc., district, 1052. 

Offensive odor, 1053. 

Inspection, right of entry, 1054. 

Slaughtering on streets, 1055. 

Slaughter house, prohibited use, 1056. 

New location, permit from city council, 1057. 

Rendering, concerning, 1058. 

Glue making, permit from city council, 1059. 

Rendering, special permit, 1060. 

Deodorizing, 1061. 

Bone boiling, etc., prohibited, 1062. 

Penalties, 1063. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 81. 

Sleighs, 

Article as to coaches, cabs, etc., applicable to, 505. 

Sleighs, cutters, etc., not to be driven without bells, 1266. 

Not allowed on sidewalk or cross-walk, exception, 1844-5. 

Not to stand in streets without horse, etc., attached 1874 

Slip. 

See River. 

Small Pox. 

See Health (Contagious Diseases). 

Smoke. 

Dense smoke a nuisance, 1046. 

Penal clause, 1047. 

Duty of commissioner, 1048. 

Manufactory not to emit deleterious, 1128. 




INDEX TO REVISED CODE. 


1039 


References are to sections. For index to Special Ordinances, see Vol. II. 


Snow. 

Removal of from market, 1228. 

Removal of by street railway companies, 1716. 

(Statutes.) 

Power of city council to require removal, etc., 2225, cl. 14. 

Soap Factories. 

Deposit, of nauseous matter in river or lake, 1021. 

Allowing to become nauseous or offensive, 1023. 

License for manufactory, 1919. 

Application, contents, 1920. 

Fee, notice of change of location, 1921. 

Penalty, 1922. 

(Statutes.) 

Power of city council to locate and regulate, 2225, cl. 81. 

Power of city council to compel owner to cleanse, 2225, cl. 84. 

Sod. 

Digging without permit, 1323. 

Soldier. 

(Constitution.) 

Stationed here does not give residence, 2145. 

Soldiers’ and Sailors’ Homes. 

(Statutes.) 

Inmates allowed to vote, 2633. 

Sparrows. 

(Statutes.) 

Bounty for killing English sparrows, 3203. 

Bounty certificate, 3204. 

Bounty, how paid, 3205. 

Penalty, 3206. 

Bulletin of information, 3207. 

False certificate, penalty, 3208. 

Special Assessment. 

Warrants executed by collector, 67. 

City collector to make report of, delinquent, when, 71. 

Rebate allowed on prepayment of, 72. 

Notice to owner that rebate will be allowed, 72. 

Contract for improvements by, when made, 1612. 

Conditions of contracts based on, 1620. 

Notice to be given before ordinance is passed, 1657. 

Repealing ordinances for public improvements, costs to be paid, 1658. 

(Constitution.) 

Drainage, etc., by special assessment, 2136. 

Local improvements may be made by, 2151. 

(Statutes.) 

Funds to be kept separate, how paid out, 2262. . . , 

Drainage improvements, corporate authorities empowered to maintain by, 

2549 - 

Proceedings in matter of levy and collection of, 2550. 

Power to erect drainage works by, 2551. 

Improvements of sanitary district may be by, 2569, 2574. 

Ordinance levying tax, limitation, 2274. 





1040 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Special Assessment— Continued. 

Manner of collecting, 2275. 

Time of paying over, 2276. 

When tax levied for particular purpose, 2277. 

Uniformity, 2278. 

Local improvements, powers conferred, 2279. 

Ordinance for improvement, 2280. 

When property taken, etc., compensation, 2281. 

Petition by city, 2282. 

Form of petition, 2283. 

Summons, publication, notice by publication, 2284. 

Hearing, jury, 2285. 

Jury to ascertain compensation, admitting other parties, 2286. 
Viewing premises, ownership, etc.., 2287. 

Judgment, new parties, further proceedings, 2288. 

Powers of court, 2289. 

Ownership, further powers of court, 2290. 

Persons under disability, 2291. 

Judgment, effect, appeal, etc., 2292. 

Order for possession, 2293. 

When improvement made by general tax, 2294. 

Special taxation, ordinance subject to review, 2295. 

Special assessment, how made, 2296. 

Ordinance for sidewalks, owner’s rights, 2297. 

Estimate of cost, 2298. 

Order for proceedings in court, 2299. 

Petition to court, 2300. 

Appointment of commissioners, oath, 2301. 

Duty of commissioners, 2302. 

Assessment roll, return, 2303. 

Notice by mail, posting and publication, 2304. 

Proof of notice, 2305. 

Continuance when notice not in time, 2306. 

Objections, judgments by default, 2307. 

Hearing, jury, 2308. 

Precedence of cases, under this act, 2309. 

Court may modify, etc., the assessments, 2310. 

Judgment several, appeal, etc., lien, 2311. 

Judgment certified to city clerk, filing, warrant, 2312. 

Form of warrant, 2313. 

Collector’s notice, form of, 2314. 

Manner of collecting, entry of payment, 2315. 

Report of delinquent list to county collector, 2316. 

Application for judgment, what laws govern, 2317. 

Return sales, redemption, 2318. 

Penalty when lands are sold for tax, etc., 2319. 

Paying over moneys, compensation, 2320. 

General revenue laws apply, 2321. ' 

City or village may buy in, 2322. 

When assessment set aside, new assessment, 2323. 

Supplemental assessment, 2324. 

New assessments against delinquent, lien, limitation, 2325. 
Contracts, payable from assessments, 2326. 

Contracts, how let, approval. 2327. 

Special assessments to be levied, a lien, 2328. 




INDEX TO REVISED CODE. 


1041 




References are to sections. For index to Special Ordinances, see Vol. II. 


Special Assessment— Continued. 

Collection by suit, 2329. 

Supplemental petition to assess damages in condemnation case, 2330. 
Pending cause, payment of, 2330. 

Adoption of this article, 2331. 

Special assessments, may be divided into installments, 2332. 

Payment of interest on installments, 2332. 

Installments may be paid before maturity, 2333. 

Collection by installments, ordinance to so state, 2334. 

Assessment roll, what to contain, 2335. 

Notice by collector, contents, 2336. 

Order of confirmation, 2337. 

Warrant for collection, 2338. 

Proceedings for judgments, 2339. 

Payment for improvement done, voucher, 2340. 

Persons accepting vouchers, 2341. 

Surplus remaining, notice, 2342. 

Special assessment, when city may advance to pay damages, 2343. 
Special assessments may be collected by installments if so provided by 
ordinance, when, 2344. 

Annexation not to stay tax levy, 2399. 

Street improvements not stayed by annexation, 2403. 

Opening of streets not arrested by annexation, 2404. 

Cities subject to overflow may improve by, 2539. 

May issue bonds for, how paid, 2541-2. 

Pleasure driveways, 2992. 

Delinquent, county collector’s duties, 3111. 

When application for judgment made, 3114- 
City may buy in at sale, 3140. 

Discontinuance of, on account of fire, 3144. 

Apportionment of installments, 3160. 

May be divided into installments, seven in number, 3161. 

Bonds to issue in anticipation, 3162. 

Form of bond, 3162. 

Applies to municipal corporations, 3163. 

Assessment may be paid in bonds, 3164. 

Build sidewalk by, 3197- 

Water main pipes paid for by, 3234. 

Special Bail. 

See Bail. 

Special Police. 

See Police. 

Speed. 

Of bicycles, etc., 148. 

Of horses on streets, 1259. 

At street intersections and crossings, 1260. 

Issuing from alley, not faster than a walk, 1261. 

Racing on streets prohibited, 1264. 

On bridges, not faster than a walk, 1267. 

Through tunnels not faster than four miles per hour, 1209. 

Speed of trains, 1727 - 

Regulating on enclosed tracks, 1748- 

66 




1042 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Speed— Continued. 

Regulation of, 1749. 

Section 1727, in force, when, 1754. 

Penalty, 1755. 

Speed of Trains. 

(Statutes.) 

Through cities, 3047. 

Spikes. 

Use of, in railings, fences, etc., prohibited, 435. 

Owner or agent of premises not to maintain, 1284. 

Spirituous Liquor. 

See Liquor . 

Sprinkling. 

Street railway companies to sprinkle streets, 1715. 

Hose sprinkling, hours for, 1975. 

Sprinkling carts, license, construction of, bond, 1982. 

Stable. 

See Livery Stable. 

Location of livery stable, 265. 

Location of sale stable, 266. 

Lights in stables, etc., regulated, 660. 

Deposit of manure, regulated, 900-1. 

Stable manure, loading on railroad cars, 902. 

Manure not to be turned, 903. 

Cow stables to be kept clean, 960. 

Not to deposit stable refuse in river, lake or street, 1021. 

Not to become offensive, etc., 1023. 

Cleanliness of, infected animal in, 1102. 

Glanders or farcy, 1107. 

(Statutes.) 

Power of city council to regulate lights in, 2225, cl. 65. 

Power of city council to compel owner to cleanse, 2225, cl. 84. 

Stallion. 

Indecent exposure of, 1299. 

Stand Pipes. 

See Buildmgs. 

State. 

(Constitution.) 

Aid to corporation prohibited, 2132. 

State’s Attorney. 

(Statutes.) 

Duty as to sanitary district act, 2577. 

Duty of, to prosecute violations in relation to recording plats, 3025.. 

State House or State Charity. 

(Statutes.) 

Proceedings to condemn for, 2842. 




INDEX TO REVISED CODE. 


1043 


References are to sections. For index to Special Ordinances, see Vol. II. 


State Institutions. 

(Statutes.) 

Property of, not to be taken for other public use, 2857. 

Stationary Engines and Engineers. 

Board of examiners created, qualifications, duties, 1923. 

Issue certificates to engineers, 1923. 

Issue certificates to boiler and water tenders, 1923. 

Rules and regulations, daily sessions, 1924. 

Examination, license, fee for, 1925. 

Applicant’s qualifications, 1926. 

License, suspension and revocation, 1927. 

Attestation of license, 1928. 

Records to be kept, daily report to comptroller, 1929. 

Bribery or fraud, penalty, 1930. 

Unlicensed engineer, boiler or water tender, 1931. 

Duty of board to enforce ordinance, 1932. 

License displayed, 1932. 

Reports of engineers and boiler tenders, 1933. 

Locomotive engineers exempted, 1934. 

Salaries, not to exceed receipts, 1935 - 

Blowing of steam whistles on boats prohibited, exceptions, 1953. 

Blowing of locomotive whistles, prohibited, 1954 - 
Stationary engines, blowing of whistles, 1955 - 
(Statutes.) 

Power of city council to examine, license and regulate engineers, etc., 3209. 


Statistics. 

See Health. 


Steam. . 

Discharge of into sewer prohibited, 56b. 

Escape of, from locomotive or engine, exception, 1730. 

Steam Barge. , rr t , 

See River; Harbor and Harbor Master. 

Steam Boats. 


See Boats. 

Steam Boilers. 

Boilers not to be supplied 
Office of inspector created, 


from water pipes direct, 1437 - 
term, 1936. 


Appointment, 1937 - 
Qualifications, 1938. 

Bond, 1939 - 
Duties, 1940- , „ 

Duty of owners of boilers, I 94 1 - 
Certificates issued, posted, 1942. 
Inspection of repairs, 1943 - 
Fees for inspection, 1944 - 
Charging excess of fee, penalty, ^ 945 - 
Try cocks, gauges, force pumps, 194b. 
Owners to provide facilities, 1947 - 
Engineer’s negligence, penalty, 1948. 
Safety valve, 1949 - 
General penalty, I 95 °- 




1044 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Steam Boilers— Continued. 

• Monthly report to city comptroller, 1951. 

Payment to city of one-half of all fees, 1951. 

City to provide apparatus, 1952. 

(Statutes.) 

Power of city council to provide for inspection of, 2225, cl. 67. 

Licensing persons in charge of, 3209. 

Examination of applicants, 3209. 

Board of examiners, how appointed, 3210. 

Steam Whistles. 

Use on locomotives, limitation, 1732-3. 

Blowing of steam whistles on boats prohibited, exception, 1953. 
Locomotive whistles, blowing of prohibited, exception, 1954. 
Stationary engines, blowing of whistles prohibited, 1955. 

Signals to bridge tenders, size of whistles, 1956. 

Bells may be substituted, when, 1957. 

Whistles may be used as alarm signals, 1958. 

By fire department as signals, 1958. 

General penal clause, 1959. 

Stolen Property. 

See Police. 

(Statutes.) 

Sale of unclaimed, proceeds to police and firemen’s relief fund, 3052. 
Proceeds of sales to go to police pension fund, 3078. 

Stone. 

“Stone” district for sidewalks, bounded, 1821. 

Wagon boxes for conveyance of stone, etc., to be tight, 1878. 
Removal of stone from street, alley, etc., 1880. 

Dressing stone in street, prohibited, 1886. 

Store. 

Overcrowding by employes prohibited, 1097. 

Ventilation to be of the best, etc., 1097. 

Free from effluvia, etc., 1098. 

Privies and urinals, separate for male and female employes, 1098. 
Inspection, commissioner of health to cause to be made, 1099. 
Penal clause, 1100. 

Seats to be provided for female employes, 1101. 

Stove. 

Use of in shops and buildings, 662. 

(Statutes.) 

Power of city council to prevent dangerous construction of, 2225, cl. 63. 

Stovepipe. 

(Statutes.) 

Power of city council to prevent dangerous construction of, 2225, cl. 63. 

Streets. 

See Plats ; Employment. 

Acceptance of ceded streets by comptroller on behalf of city, 32. 
Auction sales on sidewalk, 135. 

Auction sales on streets, permit, 137. 

Speed of bicycles, rule of the road, 148. 




INDEX TO REVISED CODE. 


1045 


References are to sections. For index to Special Ordinances, see Vol. II. 


Streets —Continued. 

Bill posting, where prohibited, 167. 

Medical advertisements, prohibited posting, 168. 

Obscene or immoral pictures, prohibited posting, 169. 
Occupation of, during building operations, 259. 

Same, space limited, 260. 

Occupation of beyond lot lines, 262. 

Occupation of limited to time of building, 263. 

Danger signals, display of, 264. 

Livery stable, location of, 265. 

Hospital, location of. 265. 

Stable, gas house or reservoir, location of, 266. 

Residences only in residence blocks, 267. 

Removal of buildings, permit, 270. 

Obstruction in during building operations, 459. 

Conveyance of poles, spars, planks, etc., 525. 

Cabmen, etc., standing out of place, 531. 

Cabmen, etc., standing within twenty feet of crossing, 532. 
Cabmen, etc., right to occupy stand, 533. 

Cabmen, etc., at railroad depots, 534. 

Cabmen, etc., rule of the road, 539. 

Omnibus stands, 540. 

Gutters to be cleared of rubbish before flushing, 569. 

Bonfires, in streets, prohibited, 659. 

Fire, conveying through streets, 663. 

Combustibles, scattering or throwing, 664. 

Pitch, tar, etc., boiling prohibited, 665. 

Explosives, conveying through streets, 761 - 4 - 
Penalty for conveying explosives through streets, 77 °; 

Vehicles conveying offal, swill, etc., not to create nuisance, 896. 
Garbage vehicles not to be overladen, 899. 

Manure, etc., deposit of on, 900-1. 

Swill, hotel and house, 905 - 

Hotel garbage, not to be placed on, 906. 

Offal, etc., not to be thrown into street, 909. 

Swill,’ etc., not allowed to run into, 910. 

Offal from butcher shop, etc., deposit prohibited, 9 11 - 
Noxious refuse not to be deposited, 912. 

Butcher’s offal, conveying through, hours, 979 - 
Prohibited slaughter of animal in street, 1055. 

Removal of animal dead or past recovery, etc., 1104. 

Diseased or injured animal on street, 1109. 

Water from roofs, to flow in gutter, 1133 - 

Dust, feathers, noxious matters, scattering of, 1134 - 

Street gutters, obstructing, H 35 - . TT .o 

Animal matter or thing on streets imperiling health, 1130 - 

Street sweepings, time limit as to piling, 1142. 

Location of wagons at Randolph street market, 1223. 

Speed of horses, etc., on streets, 1259. 

Turning coiners, etc., 1260. 

Issuing from alley, 1261. 

Horse, not permitted to go loose, 1202. 

Driving on sidewalk, 1263. 

Racing on streets, 1264. 




1046 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Streets —Continued. 

Auction sale on street, 1265. 

Sleigh and cutters, to have bells, 1266. 

Speed on bridges, 1267. 

Unfastened horses, etc., on, 1268. 

Barbed wire fence prohibited, 1281. 

Itinerant musicians, beating drum, etc., 1286. 

Breach of peace, 1287. 

Distribution of handbills, pamphlets, etc., of an indecent or immoral 
nature, 1293-5. 

Treatment of disease, advertising nostrums, etc., on, 1302. 

Loungers and loafers on streets, 1305. 

Vagabonds and vagrants on, 1306. 

Defacing sign, guide post, etc., 1309. 

Rule of the road, 1311. 

Flower pots on window sills, etc., 1312. 

Distribution of handbills, 1317. 

Exposing deformity, 1318. 

Exhibiting wild animals, 1319. 

Obstructing gutters, sewers or pipes, 1320. 

Rinds and peels on sidewalk, casting, 1321. 

Dangerous material in streets, 1322. 

Removing sod or earth from streets, 1323. 

Games and performances in streets, 1324. 

Throwing liquid in streets, 1325. 

Throwing of missiles, 1326. 

Cleansing goods in streets, 1327. 

Kites, flying, 1328. 

City employes only, to tap street mains, 1429. 

Excavations to be made by plumbers, 1430. 

Opening and repair of streets in tapping mains, 1436. 

Duty of police to report excavations, 1513. 

Power of commissioner of public works over, 1604. 

Power of commissioner of public works to remove obstructions, 1633. 
Permit to open, prerequisite to obtaining permit, 1636. 

Restoration of streets by city, 1637. 

Excavations and borings, permit, 1665. 

Penalty, 1666. 

Power of commissioner of public works, 1667. 

Displacing pavements, limited to two blocks, 1668. 

Street lamps under control of public works, 1689. 

Sewers and drains, cleansing, etc., 1696. 

Sewer connections. 1699. 

Track laying by street railway companies, permit, 1700. 

Gauge of railway, 1703. 

Rails, form of, etc., 1704. 

Track not to obstruct vehicles, 1^05. 

Repair of streets by railway company, 1705. 

Enforcement of foregoing provision, etc., 1706. 

Failure to comply, notice, 1707. 

Cars not to be run on street without conductor, 1709. 

Cars stopping in front of engine house, 1710. 

Watchmen at steam railway crossings, 1711. 

Obstructing right of way of car, 1713. 

Street railway companies to sprinkle tracks, 1715. 




INDEX TO REVISED CODE. 


1047 


References are to sections. For index to Special Ordinances, see Vol. II. 


Streets —Continued. 

Removal of street accumulations by street railway companies, 1716. 

Penalty for failure to remove, 1717. 

Street cars, stoppage to let off or receive passengers, 1720. 

Night cart on Madison and Van Buren streets, 1722. 

Crossings, obstructions by steam railroad train or cars, 1728-9. 

Loading and unloading on streets, 1731. 

Steam, escape of near street crossing, 1736. 

Empty cars, not to obstruct, 1737. 

Trains to stop at Clark and Sixteenth streets, 1738. 

Penalty for not so stopping, 1739. 

Space under sidewalks at street corners to be used by city for hydrants, etc., 
1828. 

Storage of goods on walk, limited, 1837-8. 

Fruit, etc., stands prohibited on, 1839. 

Drinking fountains permitted where, 1840. 

Duty of owners to number houses, 1857. 

Decimal system adopted, 1858. 

House numbers south of Twelfth street, 1859. 

Changed by city council, renumbering, i860. 

Assignment of numbers, issuance of certificates, 1861. 

Size of figures required, 1862. 

Failure to number houses, penalty, 1863. 

Alteration of numbers prohibited, 1864. 

Mistake or conflict in numbers, 1865. 

Names of all streets placed at corners, 1866. 

Streets, alleys, etc., to be kept clear of obstructions, 1867. 

Toll road or gate a nuisance, 1868. 

Cattle in streets, drove limited, 1869. 

Cattle driven to pasture in charge of herdsman, 1869. 

Circus parade or procession, permit, 1870. 

Processions and open air meetings, permit, 1871. 

Removal of obstructions on streets, 1872. 

Sale of thing obstructing, advertisement, 1873. 

Proceeds paid into city treasury, 1873. 

Vehicles obstructing for more than one hour, 1874. 

Sales on street prohibited, 1875. 

Blockade, duty of police, 1876. 

Deposit of material, loading or unloading on, 1877. 

Wagon boxes to be tight, 1878. 

Overloading wagon boxes, 1879. 

Injury to pavements, removal of stone, sand or sod, etc., 1880. 
Hindering improvements or repairs, 1880. 

Incumbrance or obstruction, 1881. 

Erection of building in street, 1882. 

Streets hereafter to be opened, obstruction, 1883. 

Refusal to remove obstructions, nuisance, 1884. 

Delay in moving house, 1885. 

Stone dressing in streets, 1886. 

Paving, removal of sand, etc., 1887. 

Penalty for failing to remove sand, etc., 1888. 

Proper obstructions in newly paved streets, 1889. 

Displacement of obstructions, 1890. 

Space of obstructions, time limit. 1891. 

Pipe laying, who shall permit, 1892. 




1048 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Streets —Continued. 

Paving of streets, when forbidden, 1893. 

Signal lights on lawful obstructions, 1894. 

Paving, duty of contractor, lights, 1895. 

Building material, signal lights, 1896. 

Fences and railings to protect openings, 1897. 

Lawful obstructions, fences, etc., 1897. 

Who liable for damages caused by obstructions, 1898. 

Duty of department of public works, 1899. 

Police supervision, 1900. 

General penal clause, 1901. 

Scales prohibited, exception, 2036. 

Poles, Wires and Conductors. . 

Permit to erect required, countersigned by superintendent city tele¬ 
graph, 1902. 

Two miles each year underground, conduits, 1903. 

Location of conduits, 1904 - 
Work not to impede traffic, 1905. 

Supervision of work, space limited, 1906. 

Replacing of pavements, 1906. 

Wharfing Privileges. 

Obstruction of street ends, removal, penalty, 1907. 

Signs. 

Projecting signs, etc., prohibited, 1908. 

Signs, height above sidewalk, 1909. 

Lamp-posts permitted, 1911. 

Street signs, injury to, penalty, 1914- 
Barbers’ poles, height limited, 1915. 

Illuminated clocks permitted on, 1915. 

Sign posts prohibited, exception, 1916. 

(Constitution.) 

Vacation of, by legislature prohibited. 2133. 

Grade crossings, abolishment of ('‘O’Neill” Ordinance), 2089-2102. 
(Statutes.) 

Power of city council to lay out, open and improve, 2225, cl. 7. 

Power of city council to plant trees on streets, 2225, cl. 8. 

Power of city council to regulate use of, 2225, cl. 9. 

Power of city council to prevent and remove obstructions, 2225, cl. 10. 
Power of city council to provide lighting of, 2225, cl. 11. 

Power of city council to provide for cleaning, 2225, cl. 12. 

Power of city council to regulate openings in, 2225, cl. 13. 

Power of city council to prevent deposit of ashes, offal, etc., 2225. cl. 15. 
Power of city council to provide and regulate curbs, gutters, etc., 2225, 
• cl. 16. 

Power of city council to regulate signs, posts, troughs, etc., 2225, cl. 17. 
Power of city council to regulate carrying banners, etc., in, 2225, cl. 18. 
Power of city council to regulate flags across streets, etc., 2225, cl. 19. 
Power of city council to regulate sales and traffic on streets, 2225, cl. 20. 
Power of city council to regulate speed of horses, etc., 2225, cl. 21. 

Power of city council to name and change name of, 2225, cl. 23. 

Power of city council to permit and regulate track laying, 2225, cl. 24. 
Power of city council to require railroads to construct crossings, 2225, cl. 26. 
Power of city council to require railroads to keep flagmen at crossings, 
2225, cl. 27. 








INDEX TO REVISED CODE. 


1049 


References are to sections. For index to Special Ordinances, see Vol. II. 


Streets— Continued. 

Power of city council to extend across railroad track, 2225, cl. 89. 

Right to lay tracks on, how granted, 2225, cl. 90. 

Power of city council to prohibit amusements on streets, 2225, cl. 92. 

Power to require inhabitants to labor on, 2234. 

Power to create office of superintendent of, 2236. 

Annexed cities, towns, etc., where streets have been ordered improved, 
2403 - 

Same as to street or alley openings, 2404. 

Railroads, steam or horse, assessable for, 2543. 

Labor on, power of council, 2879. 

Control of, by park commissioners, 2991-5. 

Use of, by horse and dummy railroad, consent essential, 2998. 

Consent given, subject to police power, 2999. 

Pleasure driveways, 3002-5. 

Effect of dedication of. 3018. 

Plats of highways to be recorded, 3024. 

Railroads to replace crossing and keep in repair, 3033, 

City authorities to notify railroad, 3039- 
Railroad train not to obstruct, 3046. 

Flagmen at railroad crossings, 3048. 

Sidewalks by taxation, 3197-3203. 

Use of, by elevated railroads, 3211. 

Petition of land owners, 3211. 

When street more than one mile in length, 3212. 

Repeal of acts inconsistent, 3213. 

Vacation of Streets. 

Three-fourths vote required, damages, 3214. 

Rights of adjoining owner, 3215. 

Telegraphs and Telephones. 

Poles and wires on buildings, no rights acquired, 3210. 

Consent of authorities to erect poles in streets, 3217. 


1678. 


Street and Alley Cleaning. 

Bureau created', 1673. 

Superintendent, appointment, term, duty, 1074. 

Garbage, filth, manure, etc., removal of, 1674. 

Duties of superintendent, 1675. . . , 

Remove dirt, filth, garbage, ashes, manure, offal, swill, dead animals, 1075. 

Removal of subordinates, 1676. 

Supervision of contractors, 1677. 

Power, expenditure of money, wards. 

Powers as to contracting, bids. 1679. 

Contractor’s bond, 1680. 

Forfeiture of contract. 1681. 

Estimates, reserve 15 per cent.. 1682. 

Lack of bidders, contractor s default. 

Annual report, 1684. , Q 

Contracts and bonds in name of city, ioo 5 - , 

Supervision of health department, removal of garbage, etc., 1686. 

Street Lamps. 

See Inspector of Gcis Meters and Gas. 

Street Railroad. _ „ .. , 

See Railways ; Horse and Dummy haihoads . 

6614 


1683. 




1050 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Suffrage. 

(Constitution.) 

Right of suffrage, 2142. 

Who entitled to vote, 2213. 

Summons. 

(Statutes.) 

To be issued in special assessment cases, 2284. 

New summons to issue in assessment cases, when, 2288. 
Collection of special assessments by suit, 2329. 

Superintendent of City Telegraph. 

See Fire. 

Duties, 623. 

Control of fire alarm apparatus, 624. 

Records, annual report, 625. 

Control of operators, 626. 

Control of batteries and instruments, 627. 

Rules and regulations, 628. 

To countersign permits for erection of poles, etc., 1902. 
Two miles of wire underground each year, 1903. 

Location of conduits, 1904. 

Not to impede traffic by constiuction, 1905. 

Supervision of work, space, 1906. 

Superintendent of House of Correction. 

See House of Correction. 

Superintendent of Maps. 

See Public Works. 

Superintendent of Milk and Food. 

See Health. 

Superintendent of Police. 

See Police. 

(Statutes.) 

A commissioner of police pension fund, 3079. 

Superintendent of Randolph Street Market. 

See Markets. 

Superintendent of Schools. 

See Schools. 

(Statutes.) 

Member of board of trustees teachers’ pension fund, 3188. 

Superintendent of Sewerage. 

See Public Works. 

Superintendent of Special Assessments. 

See Public Works. 

Superintendent of Streets. 

See Public Works. 

(Statutes.) 

Council may create office, etc., 2236. 

Superintendent Street and Alley Cleaning. 

See Public Works. 




INDEX TO REVISED CODE. 


1051 


References are to sections. For index to Special Ordinances, see Vol. II. 


Superintendent of Water. 

See Public Works. 

Supplies. 

(Statutes.) 

Power of city council to contract for, 2225, cl. 94. 

Sureties. 

Justification on bonds of officers, 1331. 

Oath, 1332. 

Acknowledgment of bonds of officers, 1333. 

(Statutes.) 

On official bonds, release of, when, 2442. 

Effect of new bond, 2443. 

When effects to be delivered to sureties, 2444. 

Suit on official bond, 2445. 

Execution on judgment, levy, 2446. 

Surveyor. 

Certify to town plats, additions, etc., 3016-17. 

Swill. 

See Health ( Garbage , Ashes and Refuse ). 

Sweat-shops. 

See Workshops. 

Swine. 

Not to be kept in tenement or lodging house, 1073. 

Diseased not to be brought in, 1106. 

Yarding cattle or swine, 1126. 

Not to be turned into park, 1374* 

Power of city council to prohibit running at large, 2225, cl. 80. 



Tallow Chandleries. 

Deposit refuse in river or lake, 1021. 

Nauseous or offe sive, 1023. 

(Statutes.) , . 0 

Power of city council to locate and regulate, 2225, cl. oi. 

Power of city council to compel owner to cleanse, 2225, cl. 84. 

Tannery. 

Deposit of refuse in river or lake, 1021. 

Allowing to become a nuisance, 1023. 

Not to create nuisance, permit from city council, 1029. 

License for conducting business, i960. 

Application, contents, 1961. p , , 

Fee for license, notice of change of location, 1902. 

Penalty for violation, 1963* 

Pbwer of city council to locate and regulate, 2225, cl. 81. 

Power of city council to compel owner to cleanse, 2225, cl. 84. 




1052 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Tar. 

Boiling of prohibited, 665. 

(Statutes.) 

Power of city council to regulate and prevent storage of, 2225, cl. 65. 

Tax Levy. 

(Statutes.) 

To be certified annually to county clerk, 3092. 

Tax Titles. 

Sale and conveyance of, 6. 

Taxation. 

See taxes. 

(Constitution.) 

Municipal property may be exempted, 2149. 

State prohibited from releasing municipal, 2150. 

Taxes must be uniform, exception, 2151. 

(Statutes.) 

Power of city council to levy and collect, 2225, cl. 3. 

ASSEtSMENT AND COLLECTION OF. 

Officer not to be interested in sale for, 2241. 

Ordinance levying, limitation, 2274. 

Certified copy of, to county clerk, 2274. 

Manner of collecting, 2275. 

Time of paying over, 2276. 

When levied for particular purpose, 2277. 

Uniformity, 2278. 

Special Assessments for Local Improvements. 

Power conferred on cities, etc., 2279. 

Ordinance for improvement, 2280. 

Improvement by general tax, 2294. 

Special taxation in manner of local improvements, 2295. 
Territory disconnected, no exemption from, 2387. 

Annual levy to include territory annexed, 2398. 

Collection of, not stayed by annexation, 2399. 

Apportionment of levy, when part of city annexed, 2402. 

City, etc., subject to overflow may improve by, 2539. 

May issue bonds to improve, how paid, 2540-1. 

Sanitary district to pay bonds, levy of by. 2566, 2568. 

Sanitary district, improvement may be by, 2569. 

May anticipate by bonds, 2571. 

Library fund, levy and limit, 2938. 

Taxes. 

See Taxation. 

City collector to pay over, 3103. 

Thirty day settlement with cities, 3106. 

Final settlement with city for local taxes, 3109. 

April payment to local authorities, 3127. 

County collector to pay cities every ten days, 3128. 

Failure to make report, suit, 3129. 

Failure to pay over, 3130. 

When bond sued by city, 3131. 

City may buy in at sale, 3140. 

Rebate of, by city when property destroyed by fire, 3143. 




INDEX TO REVISED CODE. 


1053 


References are to sections. For index to Special Ordinances, see Vol. II. 


Taxes— Continued. 

City may refund illegal taxes, 3152. 

On net receipts of insurance companies in lieu of licenses, 3153 - 
Sewerage fund tax, 3157. 

Water fund and light tax, 3158. 

Sidewalks may be built by, 3197. 

Collection of such tax, 3199. 

Application for judgment thereon, 3200-1. 

Warrants issued in anticipation of, 3227. 

Interest on same, when payable, 3229. 

Water works, levy and collection of, 3231. 

Water supplied by contract paid by taxation, 3241. 

Teachers’ Fund. 

See Schools. 


Telegraph and Telephone. 

See Electric Lights ; Streets {Poles and Wires). 

Permits for electrical construction, 590. 

Duties of superintendent of city telegraph, 591. 

Posting bills on poles without consent, 653. 

Displacing pavements in setting poles, 1668. 

Permit to erect poles required, 1902. 

To be countersigned by superintendent city telegraph, 1902. 
Two miles each year underground, 1903. 

Location of conduits, 1904. 

Method of laying not to impede traffic, 1905. 

Supervision of work, size of space, 1906. 

(Statutes.) 

Power of city council to regulate poles, etc., 2225, cl. 17 - 
Poles attached to building, no prescriptive right, 3216. 
Consent necessary to erect poles on streets, 3217. 


Tenements and Lodging Houses. 

See Health. . 

To conform to requirements of ordinances, 1004. 

Construction and use, ventilation, 1065. 

Lodging houses, ventilation of, 1066. 

Height of ceiling, windows, 1067. 

Chimneys, receptacles for ashes, water, etc., 1000. 

Cellar to be cemented, 1068. 

Overcrowding prohibited, 1069. 

Adequate water closets, gases, 1070. 

Cleanliness, ventilation, temperature, 1071. 

Cellar or place unventilated, 1072. . , . 

Garbage receptacles, combustibles, cattle not to be kept in, 73 - 

Cleanliness, whitewashed twice a year, 1074. 

Contagious disease, disinfection, 1075 - 
“Tenement house” defined, 1076. 

“Lodging house” defined, 1077. 

“Cellar” defined, 1078. 

Penalties, 1079. 

Power'oTcity council to regulate construction of. 2225, cl. 62. 
Fa°ns t° P be 'submhtld tf health commissioner, 3-8. 




1054 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Tenements and Lodging Houses— Continued. 

Plumbing to be under instructions of health commissioner, 3219. 
Plumbing to be approved by health commisssioner, 3220. 

Penalty for violation by architects, 3221. 

Penalty for violation by plumbers, 3222. 

Territorial Limits. 

Powder magazine not to be located within one mile of city limits, 760. 
Slaughtering and rendering, not permitted within one mile of city limits, 
except, 1050. 

Bone boiling, grinding, etc., prohibited within one mile of city limits, 1062. 
Ward boundaries, 1964. 

(Statutes.) 

Jurisdiction of city over water works property, 2347. 

Tests. 

Stone for building purposes, 308. 

Gas meters, 723-36. 

Quality of gas, 737, 742. 

Milk, 946-50. 

Cream, 946-51. 

Ice, 966. 

Theaters. 

See Amusements; Buildings. 

Duty to employ competent firemen, 427. 

Revocation of license for violation of building ordinance, 462. 
(Statutes.) 

Power of city council to license and regulate, 2225, cl. 41. 

Doors furnishing means of exit or egress to open outward, 2447. 

Penalty, 2448. 

When may be ordered closed, 2449. 

Theater Hats. 

See Misdemeanors. 

Wearing hats in theaters prohibited, 1251. 

Person, firm or corporation, owning, etc., not to permit, 1252. 

Penalty against individual, 1253. 

Persons violating may be ejected or removed, 1254. 

Security for fine, avoidance of arrest, 1255. 

Deposit of security returned on acquittal, 1256. 

Refusal to deposit, offender to be taken to station, 1257. 

Penalty against proprietor, etc., 1258. 

Tobacco. 

(Statutes.) 

Power of city council to provide for inspection of, 2225, cl. 53. 

Toll Bridge. 

(Statutes.) 

Power of city council to establish, license and regulate, and fix tolls, 2225, 
cl. 87. 

Toll Roads and Gates. 

Keeping in streets a nuisance, 1868. 

(Statutes.) 

Location of without consent, prohibited, 3224. 

Toll gates within city prohibited, 3225. 




INDEX TO REVISED CODE. 


1055 


References are* to sections. For index to Special Ordinances, see Vol. II. 


Touting, 

Prohibited in connection with gambling house, 711. 

Prohibited as to travelers or patrons of vehicles, 1772-3. 

Town. 

See City. 

(Statutes.) 

Organization of town as a city, 2162. 

Trustees of to call city election, etc., 2165. 

Ordinances to remain in force until repealed, 2169. 

Legal identity not changed, 2169. 

A police district, 2247. 

Laying out of or addition to, plat recorded, 3016. 

Track Elevation. 

Ordinance providing for (‘‘O’Neill” ordinance), 2089-2102 

Transfer. 

(Statutes.) 

Of books, documents and papers of annexed city, town, etc., 2407. 

Trees. 

See Misdemeanors. 

Not to obstruct public lamps, 1273. 

Injuring or destroying, 1274. 

Height of lower limbs prescribed, 1275. 

Tricycles. 

See Bicycles. 

Trucks. 

See Coaches , Cabs and Carts. 


Tugs. 

Not to tow vessels dragging anchor, 1766-8. 

Steam whistles, prohibited use of, exception, 1953 - 
Signals to bridge tenders, size of whistles, 1956. 

Bells may be substituted for whistles, 1957 - 

(Statutes.) . 

Power of city council to regulate and prohibit, 2225, cl. 35 - 

Tunnels. 

See Misdemeanors. 

Speed through, 1269. 

Driving animals through, 1270. 

Vehicles, dimensions of load limited, 1271 - 
Penalty, 1272. 

Power* oPcity council to construct, repair and regulate use of, 2225, cl. 28. 

Turpentine. 

Boiling of prohibited, 665. 

Power 1 oTcity council to regulate and prevent storage of, 2225, cl. 65. 




1056 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


U 


Underground Wires. 

See Streets. 

Two miles underground each year, 1903. 

Undertakers. 

License, fee, revocation, 1080. 

Burial permit, 1081. 

“Undertaking” defined, 1082. 

Unwholesome Food. 

See Health. 

Urinal. 

Separate for male and female employes, 1098. 
Cleanliness of in workshops, 1098. 



Vaccination. 

See Health. 

Duty of persons controlling minors, 1083. 

Prerequisites to admission to school, 1084. 

Evidence of vaccination, 1085. 

Inspection of children attending schools, 1086. 

Penalty, 1087. 

Vagabonds and Vagrants. 

Definition, conviction of* penalty, 1306. 

(Statutes.) 

Power of city council to restrain and punish, 2225, cl. 74. 

Varnish Works. 

Location of, permit, consent of city council, 266. 

Vault. 

See Sidewalks ; Privies , Vaults, etc . 

(Statutes.) 

Power of city council to regulate construction and use, 2225, cl. 57. 

Vegetables. 

Prohibited gathering from garbage boxes, 891. 

Unlawful to sell garbage, 892. 

Decayed or unwholesome, not to be brought in city, 987. 
Misrepresentation of, 990. 

Unwholesome, sale prohibited, 992. 

Packages, uniform in quality and size, 996. 

Packages marked, 997. 

Penalty, 999. 

Colored netting for covering prohibited, tooo. 

Duty of health department in relation to, 1002. 





INDEX TO REVISED CODE. 


1057 


References are to sections. For index to Special Ordinances, see Vol. II. 


Vegetables— Continued. 

Duty of individuals, to report, 1003. 

Placing in lake or river, 908, 1021. 

Matter decaying on premises, 1022. 

(Statutes.) 

Power of city council to provide for inspection and regulation of sale, 
2225, cl. 50, 53. 

Vehicles. 

Licensed, to aid fire department, 645. 

Conveyance of explosives in, 761-4. 

Construction of, for garbage, offal and dirt, 895. 

Not to create nuisance, 896. 

To be adequately covered, 897. 

To be disinfected, 898. 

Not to be overladen, 899. 

Sign on night scavenger wagons, 1012. 

Dimensions of load going through tunnel, 1271. 

On sidewalk prohibited, 1844. 

Obstructing cross-walks, 1845. 

Penalty for being on sidewalk, 1847. 

Loading or unloading on sidewalk, 1848. 

Sales of, on street prohibited, 1875. 

Overloading wagons, scattering refuse from, 1879. 


Velocipedes. 

See Bicycles. 

Vessels, 

See River; Harbor; Health. 

Vessel signals on bridges, 204. 

Signals prescribed, 205. 

Duty on passing bridges, 206. 

Bridges closed, hours, 207. 

Bridges opened, hours, 208. 

Bridges to remain open for vessels ten minutes, 209. 

Loaded with explosives not to land, 765. 

Loaded with explosives to be removed, 766.^ 

Masters of, to report contagious diseases, 864. 

Person sick of contagious disease taken from, 866. 

Masters to report particulars of diseases, 867-8. 

Infected articles from, 869-70. 

Deposit of manure or garbage in, 900. 

Conveying garbage, permit, 907. 

Quarantine regulations, 1032-42. 

Emission of dense smoke a nuisance, 1046. 

Penal clause, 1047. 

Anchor dragging prohibited, 1766-7. 

Prohibited use of whistles, 1953 - 
Signals to bridge tenders, 1956. 

Bells may be substituted for whistles, 1957 - 

Power*of city council to regulate anchorage and cargo landing, 2225, cl. 34. 
Power of city council to license and regulate boats in harbor, 2225, cl. 3 > 
Power of city council to fix rate of wharfage and dockage, 2225, cl. 36. 
Power of city council to collect wharfage and dockage, 2225, cl. 37. 
Power of cily council to regulate towing of, passing badges, etc., 2225, cl. 38. 




1058 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Vessel Dispatcher. 

See Harbor and Harbor Master. 

Veto. 

(Statutes.) 

Approval and veto of ordinances, 2189, 2209. 

Passage of ordinance over veto, 2190, 2210. 

How exercised, 2209. 

Viaducts. 

(Statutes.) 

Power of city council to construct, repair and regulate use of, 2225, cl. 28. 

Villages. 

See Cities. 

(Statutes.) 

Article XI, of the organization of villages, 2355-71. 

Village Officers. 

(Statutes.) 

Act to provide for incorporation of cities and villages, 2159, 2371. 

Vine Growers. 

(Statutes.) 

May sell products without license, 2966. 



Wagons. 

See Coaches, Cabs and Carts. 

Signs on night scavenger wagons, 1012. 

Standing on street without animal attached, 1874. 

Sales of on streets, prohibited, 1875. 

Boxes to be tight, spilling contents, 1878. 

Overloading with manure, sand, etc., 1879. 

Wards. 

Ward boundaries, 1964. 

(Statutes.) 

Of annexed territory, city redistricted, 2193. 

City council to divide city into wards, formation of, 2214. 

\\ hat constitutes a ward in connection with annexed territory, 2412. 

Warehouse. 

(Constitution.) 

Public warehouse defined, 2157. 

Duties of warehousemen, 2158. 

Warrants—Treasury. 

How signed and countersigned, 41. 

Executed by collector, 67. 

(Statutes.) 

City treasurer to register and report all warrants paid, 2258. 

City treasurer to pay money only on warrant, 2261. 




INDEX TO REVISED CODE. 


1059 


References are to sections. For index to Special Ordinances, see Vol. II. 


Warrants—Treasury— Continued. 

Collection of special assessments, 2312. 

Form of, for collection of special assessments, 2313. 

Warrant for collection of special assessments, payable in installments, 2338. 
On police and firemen’s relief fund, how drawn, 3056. 

Mayor to draw warrants on police and firemen’s pension funds, 3073. 
Money paid from firemen’s pension fund only on warrant, 3074. 
Demand warrants drawn only against fund on hand, 3226. 

Issued in anticipation of taxes, when, 3227. 

How drawn in anticipation of taxes, 3227. 

Received in payment of taxes, when, 3227. 

In anticipation of taxes, bear interest, 3229. 

W arrant s—Criminal. 

See Ordinances. 

Service of by police, 1510. 

(Statutes.) 

Warrants for violations of ordinances, to whom directed, how served, 2246. 

Waste of Water. 

See Water . 


Water. 

Investment of water fund, 45. 

Water tax for construction of buildings, 256-7. 

Drain layer’s license fee, to be paid at water office, 561. 
Supply of, for flushing water closets, 854. 

Pollution of prohibited, mi. 

Duty to preserve purity, 1112. 

Interfering with hydrant, 1113. 

Bathing in river or lake, 1314 - 

Obstruction of hydrant, gutter, sewer or pipe, 1320. 

Permit to use water required, 1428. 

Consumers sutnect to rules of department, 1965. 

One person shall not supply other persons with water, 1966. 
Failure to comply with rules, water shut off, 1967 - 
Connections prohibited unless permit- granted, penalty, 1968. 
Only to be made by licensed plumber, 1968. 

Tampering with mains and pipes, 1969. 

Wrongful turning on of water, 1970. 

Applications, contents, fraudulent representations, 1971 - 
Hydrants, location, taps, 1972. 

Service pipes, keep in repair, 1973. 

Waste of water, notice to cease, penalty, 1974 - 


Failure to use meters, 1974 - 
Hours for hose sprinkling, 1975 - 
Powers of entry, 1976. 

Obstructing access to stopcocks, 1977 - 
Duty of police, 1978. 

General penal clause, 1979 - , , _ 

Fines, used for repair of fire hydrants, 1950. 

Water rates, 1981. . . 

Sprinkling carts, license, construction ot, 1982 
Fee $5 in addition to sum charged for permit 

Cement Sidewalks. 

Rates to be charged contractors, 1 9 » 3 - 
Deposit of $50 required, 1984- 


to use water, 1982. 





1060 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Water— Continued. 

Collection of Water Rates. 

Semi-annual payments, districts, 1985. 

Time of payment for different districts, 1986. 

Rebate 15 per cent allowed, when, 1987. 

Exemptions. 

Charitable and educational institutions, 1988. 

Public or city property, 1989. 

Cook county hospital, 1990. 

Military organizations, 1991. 

Public drinking fountains, 1992. 

Vacant buildings or apartment houses, 1993. 

(Statutes.) 

Power of city council to provide, supply and regulate use of, 2346. 
Acquiring property for water works, jurisdiction over by city, 2347. * 

Regulation, rates, taxation, etc., 2348. 

When to furnish water to other cities, 2582. 

Water fund tax, 3158. 

Jurisdiction of city, etc., as to pollution of supply, 3232. 

Main pipes paid for by special assessment, 3234. 

Power of city council to increase supply of, 3239. 

Expenditure of money for, submitted to people, 3239. 

Power of city to contract for, 3240. 

Supplied by contract, paid for by taxation, 3241. 

Supplied by individuals, rate fixed by city, 3242. 

Water Closet. 

Provision for, in buildings, 851. 

Number of, in buildings, 852. 

Must be placed in buildings where sewer connections can be had, 853. 
Construction, improper substances not to be thrown in, 854. 
Construction as to sewer gas, 855. 

Sewer connections, 856. 

Tenement houses to be adequately furnished with, 1070. 

Penalty for failure to provide, 1079. 

Work shops to keep in cleanly condition, 1098. 

Separate privies for male and female employes, 1098. 

Penalty for failure to provide, 1100. 

Garbage or refuse in, prohibited, 1114. 

Not allowed to become offensive, 1115. 

Accommodations in tenement hcuse, etc., not allowed in cellar, 1116. 
Not to be placed in unventilated room, etc., 1456. 

Overflow pipes, 1457. 

Waste from fixtures, 1458. 

Water closets outside of building, 1459. 

Trapping, effectively and separately, 1460. 

Location of trap, 1461. 

Re-vent dispensed with, 1462. 

Re-vent branched into soil pipe, when, 1463. 

Pan closets prohibited, 1465. 

Water Course. 

(Statutes.) 

Power of city council to cleanse, widen, deepen, etc., 2225, cl. 30, 40. 






INDEX TO REVISED CODE. 


1061 


References are to sections. For index to Special Ordinances, see Vol. II. 


Water Craft. 

See Harbor; Vessels. 

(Statutes.) 

Power of city council to regulate anchorage, moorage, etc., 2225, cl. 34. 
Power of city council to fix dockage, 2225, cl. 37. 

Water Fund. 

Investment of, by city comptroller, 45. 

Water Fund Tax. 

(Statutes.) 

City council to levy for maintenance 01 water wbrks, 3158. 

Water Works. 

(Statutes.) 

Use of, in case of annexed town, city, etc., 2405. 

Water fund and light tax, 3158. 

Power of city to provide and maintain, 3230. 

City may borrow money and levy tax for, 3231. 

City may acquire property for, by condemnation, etc., 3232. 
Construction of, paid by special assessment, 3234. 

Receipts from, kept as separate iund, 3235. 

Provisions of act not to apply, when, 3236. 

Power of city relative to increased supply, 3238-9. 

Power to contract for water, 3240. 

Power to levy and collect tax for water supplied, 3241. 

Power of city to purchase or lease, 3243. 

Question of purchasing, etc., submitted to people, 3243. 

Paid for by general tax, 3244. 

Rights of water company to construct, etc., 3245-7. 

Weapons. 

Concealed Weapons. 

Carrying concealed weapons prohibited, 1994. 

Confiscation of, 1995 - i 

Arrest and detention, 1996. 

Warrant, arrest, hearing, 1997. 

Officers excepted, 1998. 

General penalty, 1999. 

Deadly Weapons. 

Unlawful to sell knuckles, etc., 2000. 

Unlawful to sell weapons to minor, 2001. 

Dealers to keep register open for inspection, 2002. 

General penalty, 2003. 

(Statutes.) 

Fines for carrying concealed, to go to police fund, 3 ° 7 °- 

Weighers. 

Certificate for each delivery of coal, 546. 

City weighers only, to construct hay scales on street, 1241. 

Duty, of, as to hay, 1242. 

Sold at stands, prerequisite, 1243. 

Stands and offices designated, 1244. 

Hay to be sold only at markets, 1245. 

Weight of hay marked on bale, 1246. 

Exhibit of certificate, 1247. 





1062 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Weighers— Continued. 

As to reweighing, 1248. 

Penalties, 1249. 

Appointment of city weighers, 2025. 

Bond, license fee, 2026. 

Each weigher to provide his own scale, 2027. 

Adjustment and sealing by city sealer once in three months, 2028. 
Deputy weighers, 2029. 

Attendance at reasonable hours, 2030. 

Charges for weighing, 2031. 

Records to be kept, certificates issued, 2032. 

Weight of vehicles subtracted, 2033. 

Certificate not to be altered, 2034. 

Examination of books by city comptroller, 2035. 

Street scales prohibited, exceptions, 2036. 

(Statutes.) 

Power of city council to license public scales, 2225, cl. 91. 

Weights and Measures. 

Appointment of inspector, 2004. 

How appointed, 2005. 

Bond, 2006. 

Annual and semi-annual inspections, 2007. 

To keep register, report, 2008. 

Report violations for prosecution, 2009. 

Prosecuting attorney, 2009. 

Inspector not to vend, 2010. 

To report to city council incorrect weights, 2011. 

Inspection,’ condemnation, adjustment, seizure, 2012. 

Charges for annual and semi-annual inspection, 2013. 

Fees, report each month to comptroller, 2014. 

Pay into city treasury one-half of all fees, 2014. 

Fees for inspection, 2015. 

Turn over to successor books, etc., 2016. 

Official standard of weights and measures, 2017. 

Inspection obligatory, 2018. 

Peddlers and hawkers, measures inspected, 2019. 

Prescribing measures and ton weight, 2020. 

Certificate required before using, 2021. 

Incorrect or faulty measures or scales, 2022. 

Refusal to exhibit to inspector, 2023. 

Interference with officer, 2024. 

Duty to seal scales of city weighers, 2028. 

(Statutes.) 

Power of city council to regulate inspection of, 2225, cl, 54. 

Power of city council to provide for inspection and sealing of, 2225, cl. 55. 
Power of city council to enforce use of proper weights, etc., 2225. cl. 56. 
Power of city council to tax, license and regulate, 2225, cl. 91. 

Wharf. 

Cargo projecting over, 787. 

For removal of garbage, 907. 

For use of contractor to remove garbage, 1140. 

Incumbrance of, 1881. 

Street ends, obstruction of, 1907. 





INDEX TO REVISED CODE. 


1063 


References are to sections. 


For index to Special Ordinances, see Vol. II. 


Wharf— Continued. 

(Statutes.) 

Power of city council to establish, etc., 2225, cl. 7. 

Power of city council to erect and repair, 2225, cl. 32. 

Power of city council to regulate and control use of, 2225, cl. 33. 

Power of city council to regulate cargo landings, etc., 2225, cl. 34. 

Power of city council to license, regulate and prohibit wharf boats, etc., 
2225, cl. 35. 

Power of city council to fix rates of wharfage and dockage, 2225, cl. 36. 
Power of city council to collect dockage and wharfage, 2225, cl. 37. 

Wharves and Docks. 

See Harbor. 


Whisky. 

See Liq 7 ior. 

Whistle. 

See Steam Whistle. 

Use of device by street merchants prohibited, 2121. 
Penalty for violation, 2122. 

When in force, 2123. 

(Statutes.) 

Railroads to blow at crossings, 3036. 

Wholesale Liquor Dealers. 

See Liquor. 

Wires. 

See Telegraph a 7 id Telephone; Electric Light. 

Boring in street prohibited, 1665. 


Witness Fees. 

In police court where city is party to be taxed, 1552. 
Payment of, 1553. 


Women. 

See Employ 77 ient. 

Waiting on customers in saloons, prohibited, 1176. 
(Statutes.) 

May vote for school officers, 2811. 

Sex no bar to any occupation, profession, etc., 2860. 
Females not to work on streets, 2861. 

Repeal of laws inconsistent, 2862. 

Employed in factory or workshop, hours, 2872-3. 


Wood. 

Placing or sawing on sidewalk 


prohibited, 1846. 


Words. 

Construction of, 1368. 

Workhouse. 

See House of Correction. 


» 




1064 


INDEX TO REVISED CODE. 


References are to sections. For index to Special Ordinances, see Vol. II. 


Workshops. 

See E})ipioyme 7 it. 

Definition, 1088. 

Condition, inspection and examination, 1089. 

Abated when unclean, 1090. 

License required, fee, annual, 1091. 

License, issue of, 1092. 

Application, filing of, inspection, 1093. 

Revocation of license, 1094. 

Posting of license, 1095. 

Penalty, 1096. 

Ventilation and cleanliness of, 1097. 

Free from effluvia, gas, etc., 1098. 

Inspection of by commissioner of health, 1099. 

(Statutes.) 

Places for manufacturing garments not to be used for eating or sleeping, 
„ 2868 : 

Cleanliness of, notify health department, 2869. 

Presence of infectious or contagious disease, 2869. 

State inspector to report to board of health, 2870. 

Child under fourteen not to be employed in, 2871. 

Register of employes to be kept, 2871. 

Females to work only eight hours per day, 2872. 

Notice stating hours of labor posted, 2873. 

Meaning of words factory, workshop, etc., 2874. 

Penalty for violation, 2875. 

Inspector of factories, appointed, term, salary, 2876. 

Deputy inspectors, five men and five women, 2876. 

Powers of entry, 2876. 

Report abuses in workshops, duties, 2876. 

Appropriations for salaries and expenses, 2877. 

When and how to be drawn, 2878. 

Writs. 

See Process; Warrants. 


Y 

Yarding. 

Of cattle, swine, etc., 1103, 1126. 

Year. 

Fiscal, defined, 19. 

Municipal, defined, 20. 






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